3. Правовая система Великобритании.

Study the words and the word-combinations.

Crown Court – Суд короны

county Court - суд графства

European court of Justice – Европейский суд

court of appeals – апелляционный суд

justice of the Peace – мировой судья

tribunal – суд, трибунал

coroner’s court – суд коронера

juvenile court – суд по делам несовершеннолетних

violent – насильственный

penalty – наказание

fine - штраф

Read the text.

English System of Law

There are three separate systems of law in the United Kingdom: the legal systems and law courts of: 1) England and Wales, 2) Scotland, 3) Northern Ireland.

There are some common features to all systems: the sources of law and the distinction between civil law and criminal law. Courts may be classified as criminal courts and civil courts.

The sources of law include: written law (statutes) and unwritten law (based on judicial precedent). We also call the common law as “case law” or “judge made” law. It means that when one judge has decided a point of law, any judge who has the similar set of facts must decide case in the same way as in the earlier judgement. In other words, the judge uses the process of analogy.

English system of law includes:

1. Magistrates’ courts (about 700). Magistrates’ Courts try the majority of all the less Serious criminal cases and some civil cases. Magistrates’ courts are presided over by lay magistrates (called justices of the peace). The courts consist of between 2 to 7 magistrates. It is the lower court or court of first instance.

2.Crown Court – consists of judges, 2 magistrates and jury. It deals with all serious criminal cases. (Indictable offences). It also hears appeals from magistrates’ courts. The accused has the right to trial by jury.

3. County Court – consists of judge and jury. It deals with civil cases, for example, divorce. (Minor claims up to 5000 pounds).

4. The High Court hears all those civil that cannot be decided by County Courts. (More expensive and complicated cases).

5. Court of Appeals – hears both criminal and civil appeals. The appeals system is a necessary safeguard against mistakes and injustice.

6. The House of Lords – is the final appellate tribunal.

There is the Central Criminal Court in London. Certain cases may be referred to the European Court of Justice in Luxembourg or the European Court of Human Rights.

The legal system includes juvenile courts, which deal with offenders under 17 and coroners’ courts, which investigate violent, sudden or unnatural deaths. The age of criminal responsibility in England and Wales is ten. Britain has a serious problem with young offenders. The peak age for committing crime is 15.

The accused must normally appear first before a magistrates’ court. The large majority of all penalties in magistrates’ courts are fines. An accused person has the right to employ a legal advisor.

4. CRIMINAL LAW

Criminal law is the body of law that defines criminal offenses, regulates the apprehension, charging, and trial of suspected persons, and fixes punishment for convicted offenders. Criminal law defines acts as criminal. In other words, however immoral or unjust an act may be thought to be, it is not a crime unless the law says it is one. A crime is usually defined as a voluntary act or omission, together with a given state of mind.

The Government's strategy for dealing with crime is to sustain the rule of law by preventing crime where possible; to detect culprits when crimes are committed; to convict the guilty and acquit the innocent; to deal firmly, adequately and sensibly with those found guilty; and to provide more effective support for the victims of crime. It is also concerned with ensuring that public confidence in the criminal justice system is maintained and that a proper balance between the rights of the citizen and the needs of the community as a whole is maintained.

With continuing concern in Britain, as in many other countries, over rising crime rates, public expenditure on the law and order programme reflects the special priority given by the Government to these services. Recent increases have been made to cover, in particular, greater police manpower, the probation service and extra spending on prison building. More than two-thirds of total expenditure is initially incurred by local authorities (with the help of central government grants), mainly on the police service.

Criminal law also deals with the preparation of charges and with trial procedures. The latter involves the formation of juries, the guarantee of a public trial, the right to counsel, the presentation of evidence, the establishment of guilt, and sentencing, if guilt has been established. Criminal law is concerned with postconviction procedures, such as calling for a new trial or challenging a conviction, either in the court where the conviction was declared or in appeal to a higher court.