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V. Fill in the blanks with the negative forms of the modal verbs able to, could, may, might, must, need, should and translate the sentences into Ukrainian

1. He spoke so quickly that I … understand him at all.

2. I … to go but I decided to go anyway.

3. Jack … be ready for the exam.

4. Last Sunday a party was arranged at Tom's place. I … have taken part in it because I was busy.

5. She … pass the exam.

6. There … be a party on Sunday because the parents are ill.

7. Tom didn't enter the University. He … have passed the exams.

8. We … persuade him to buy a new suit.

9. You … tell anyone what I said.

10. You … be sitting in the sun, move out of it into the shade.

VI. Fill in the blanks with the proper modal verbs

1. A business … be privately owned in three different forms.

2. The Chief Constable … sometimes ask for the assistance of London's police force.

3. A corporation … offer higher salaries and thus attract talented managers and specialists.

4. Any business … have the form of the partnership.

5. Creditors … claim the owner’s property to pay off the debts of the business.

6. Educational, religious, charitable institutions … also incorporate.

7. Federal government and special agencies … establish governmental corporations.

8. More capital … be raised by bringing in partners or by incorporating.

9. Partners … disagree with each other.

10. People who are drunk and causing a public nuisance … be removed to a “drying-out centre”.

VII. Give possible answers to the following statements or questions using the proper modal verbs

1. Have you see the new film?

2. I can't find my bag anywhere.

3. I can't find my key anywhere.

4. I wonder why Ann didn't answer the doorbell.

5. I wonder why Ann didn't come to the meeting.

6. We can't help her.

7. Well, there's a party tonight. A lot of people will be there.

8. Where is Jack?

9. Why didn't he say hello when he passed us in the street?

10. Why didn't she answer the phone?

VIII. The following sentences are direct speech: Don't wait for me if I'm late. Will you marry me? Hurry up! Can you open your bag, please? Mind your own business. Please slow down! Could you repeat what you said, please? Don't worry, Sue. Do you think you could give me a hand, Tom? Now choose one of these to complete each sentence below. Use reported speech

1. Ann was very pessimistic about the situation. I told … .

2. He started asking me personal questions, so … .

3. I couldn't move the piano alone, so I … .

4. I didn't want to delay Ida, so I … .

5. I had difficulty in understanding him, so I … .

6. Jane was driving too fast, so I asked … .

7. Nick was very much in love with Helen, so he … .

8. Pete was taking a long time to get ready, so I … .

9. The customs officer looked at me suspiciously and … .

IX. Make up sentences from the words given below

1. Britain; by; central; governed; Government's; Home; in; is; Office; police; policy; the.

2. a; by; central; controlled; countries; force; Government; have; is; most; national; police; which.

3. a; at; function; gatherings; large; may; police; provide; public; safety.

4. all; criminals; extensive; files; in; keeps; Kingdom; known; on; Scotland; the; United; Yard.

5. administrative; commissioner; head; is; of; Scotland; the; the; Yard.

6. and; Border; Border; Bureau; enforces; immigration; includes; laws; of; Patrol; Security; the; the.

7. are; criminal; justice; local; of; part; police; system; the; the.

8. and; as; crimes; deals; fraud; Inspections; mail; mails; misuse; of; Postal; Service; such; the; the; with.

9. and; Coast; country’s; Guard; ports; protects; States; the; the; United; waterways.

10. agencies; exist; in; kinds; of; police; state; States; the; two; United.

UNIT 15

PROSECUTION

BEFORE YOU READ

Answer these questions

1. What do you know about common law systems? What are the functions of a prosecutor?

2. Who is the prosecutor in all criminal offences in the United Kingdom? Why?

READING TASKS

A. Understanding main points

Read the text below about the Crown prosecution service and answer the questions, beginning your answers with the fol­lowing phrases: as a rule …; to tell the truth …; as far as I know …; the matter is that …; as far as I remember …; as far as I am concerned …; frankly/strictly speak­ing …; to make a long story short … .

1. What discretion is the prosecutor usually entrusted with in common law systems?

2. Who must decide whether the case he is dealing with falls within what was intended to be the scope of the law?

3. What may changing attitudes in the community toward particular kinds of behaviour mean?

4. Do you agree that the king is the prosecutor in all criminal offences in the United Kingdom? Why?

5. What is the Crown Prosecution Service responsible for in England and Wales?

6. Why does it provide liaison with other agencies and Government Departments to work together?

7. When did the Crown Prosecution Service start operating? What forces were responsible for deciding whether to prosecute particular cases before this time?

8. What professional qualities does a person who wants to be qualified for the post of public prosecutor have?

9. What agencies does the Crown Prosecution Service co-operate with? What is the role of the Crown Prosecution Service?

10. What do you know about the collaboration of the Crown Prosecution Service and the police?

11. Is the Crown Prosecution Service completely independent of the police although they work closely with them at all times?

12. What does a Crown Prosecutor go after the Police have investigated a crime and passed the papers to the Crown Prosecution Service?

13. Whose interest must Crown Prosecutors always think very carefully about? Why?

14. What does the prosecutor do if he thinks that there is enough evidence and that a prosecution is needed in the public interest?

B. Understanding details

Mark the statements T (true) or F (false) according to the information in the text. Give your reason using the fol­lowing phrases: as a matter of fact ...; I don't think so …; I'm of the same opinion …; in my opinion …; on the contrary …; strictly speaking ...; to my mind ... .

1. In common law systems the king is usually entrusted with extensive discretion in deciding whether to institute criminal proceedings.

2. A statute defining a particular criminal offence makes absolutely clear what kind of behaviour it is intended to cover.

3. The prosecutor must decide whether the case he is dealing with falls within what was intended to be the scope of the law.

4. In England and Wales the Crown Prosecution Service is responsible for prosecuting people charged by the police with a criminal offence.

5. The Crown Prosecution Service provides liaison with other agencies and Government Departments to work together to achieve improvements in the criminal justice system and to meet new domestic, European and global challenges of crime.

6. The Crown Prosecution Service started operating in 1986 when the Prosecution of Offences Act (1985) became law.

7. Before this time Metropolitan Police Forces were responsible for deciding whether to prosecute particular cases.

8. The head of The Crown Prosecution Service is the Attorney General who holds Parliamentary responsibility for the Service.

9. The Crown Prosecution Service has headquarters in all the cities in England and Wales.

10. The Crown Prosecution Service doesn’t co-operate with any other agencies. It isn’t independent of the police although they work closely with them at all times.

11. The role of the police is to prosecute cases firmly, fairly and effectively when there is sufficient evidence to provide a realistic prospect of conviction.

12. A Crown Prosecutor carefully reviews the papers to decide whether or not to go ahead with the case.

13. The Crown Prosecution Service doesn’t co-operate with the investigating and prosecuting agencies of other jurisdictions.

THE CROWN PROSECUTION SERVICE

In common law systems the prosecutor is usually entrusted with extensive discretion in deciding whether to institute criminal proceedings. This discretion arises out of the ambiguity of the criminal law. Frequently a statute defining a particular criminal offence does not make absolutely clear what kind of behaviour it is intended to cover or includes a much wider range of circumstances than it was intended to prohibit. If this is so, the prosecutor must decide whether the case he is dealing with falls within what was intended to be the scope of the law. Changing attitudes in the community toward particular kinds of behaviour may mean that a criminal prohibition, while remaining on the statute books, no longer reflects the sentiment of the community, and the prosecutor is no longer expected to bring charges against people who infringe it. In other cases, laws may be enacted without the usual exemptions from responsibility for those who commit the act unintentionally. In such cases the prosecutor may nevertheless feel justified in not bringing proceedings against those who are technically guilty if they are in his view morally innocent.

In the United Kingdom the king is the prosecutor in all criminal offences, because such offences are said to be against his peace, his crown and dignity, but it is only in theory. In practice such prosecutions are ordinarily undertaken by the individuals who have suffered from the crime. This is a different procedure from that prevailing in Scotland, European continental countries and the United States, in all of which a public department or officer undertakes the prosecution of offences.

In England and Wales the Crown Prosecution Service (CPS) is responsible for prosecuting people charged by the police with a criminal offence. It provides liaison with other agencies and Government Departments to work together to achieve improvements in the criminal justice system and to meet new domestic, European and global challenges of crime. The Crown Prosecution Service started operating in 1986 when the Prosecution of Offences Act (1985) became law. Before this time local police forces were responsible for deciding whether to prosecute particular cases. The Crown Prosecution Service is an agency of the Home Office. It is the equivalent of the long established office of the Procurator Fiscal in Scotland.

The head of the Crown Prosecution Service is the Director of Public Prosecutions. He reports to the Attorney General, who holds Parliamentary responsibility for the Service. The Crown Prosecution Service employs approximately 7.700 staff including lawyers, caseworkers and administrators. These key personnel are located throughout the country and handle over 1.3 million magistrates’ court cases and 115.000 Crown court cases every year.

The Crown Prosecution Service has headquarters in London and York and operates under a structure of areas in England and Wales. These areas correspond with the boundaries of 43 police forces in England and Wales with London Area covering the operational boundaries of both City of London Metropolitan Police Forces. Each Area is headed by the Chief Crown Prosecutor (CCP) who is responsible for prosecutions within the Area. A person to be qualified for the post of public prosecutor must be a barrister or solicitor of not less than ten years standing, and an assistant public prosecutor, who may be appointed under the act of 1908 and who is empowered to do any act or thing which the public prosecutor is required or authorized to do, must be a barrister or solicitor of not less than seven years standing.

The Crown Prosecution Service co-operates with the investigating and prosecuting agencies of other jurisdictions. The role of the Service is to prosecute cases firmly, fairly and effectively when there is sufficient evidence to provide a realistic prospect of conviction and when it is in the public interest to do so. It is completely independent of the police although they work closely with them at all times. The police investigate crimes and charge people. After the Police have investigated a crime and passed the papers to the CPS, a Crown Prosecutor carefully reviews the papers to decide whether or not to go ahead with the case. The independence of Crown Prosecutors is of fundamental constitutional importance. The prosecutor's decision is based on the two tests set out in the Code for Crown Prosecutors. Casework decisions taken with fairness, impartiality and integrity help deliver justice for victims, witnesses, defendants and the public. Crown Prosecutors must always think very carefully about the interest of the victim of the crime. This is an important factor when prosecutors decide where the public interest lies. If the prosecutor thinks that there is enough evidence, and that a prosecution is needed in the public interest, the case is then presented in the magistrates' court.

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