X. Role-play.

Enact in English with roles on the theme “Placing young offender on probation (условно освободить)”. The situation is that prisoner asks magistrate to place young offender on probation. He gives all necessary statements , characteristics and detailed report on young offender.

7.1.3. Crown Courts

Read the text to fulfil the tasks.

The Crown Court is the higher court, which deals with very serious offences such as murder, manslaughter, drug trafficking, rape and armed robbery, which make about 2% of all criminal cases. There are about 90 Crown Court centres, in six regional areas called circuits, with most of them situated in London and the larger towns. The Central Criminal Court in London (known as the Old Bailey) is now a Crown Court center. The centres have barristers' chambers, which provide defence, prosecution and judicial services for the Crown courts of their areas. The centres are divided into different levels of importance, so that the more serious criminal and civil cases are heard by top-level courts.

The administration of the Crown Courts is organised centrally by the Lord Chancellor's Department in London.

Innocence or guilt is determined at a trial presided by a judge, with a jury of twelve citizens.

Criminal trials normally take place in open court with two parties: the prosecution and the defence. The accused is brought into the dock, the charge is read out, and he or she is asked to plead 'guilty' or 'not guilty'.

When the trial begins, the leading counsel for the prosecution explains the crime to the jury. The prosecution builds up its case by presenting witnesses. One-by-one, they proceed to the witness box, where they take an oath. Some of the prosecution witnesses may be police officers reporting what they saw, with evidence of fingerprints or searches. The prosecuting counsel (barrister) then questions them so that the entire crime can be reconstructed. Each witness then can be cross-examined by the other side. When the examination of the crown witnesses is concluded, the defense counsel calls witnesses for the defense, including the accused person himself, in an attempt to show that he is innocent; these witnesses may also be cross-examined by the other side. Then the accused, or his counsel, makes a speech, summarising his defense. Finally the prosecuting counsel makes a speech in reply.

The prosecution and defense of an accused person are still generally carried out by solicitors in the magistrates' courts and by barristers in the crown court. An English trial is therefore a contest between defense and prosecution. The accused may remain silent throughout the trial and need not give evidence; the right to silence does not imply guilt. During the trial the accused also has the right to hear and cross-examine witnesses for the prosecution. He or she can call his or her own witnesses who, if they will not attend voluntarily, may be legally compelled to do so. He or she may address the court in person.

The judge in the Crown court acts as a controlling power in the contest between defense and prosecution: he decides questions of law, gives directions on procedure and evidence, sums up evidence for the jury, tells them about points of law, sends them out to decide their verdict, and pronounces the sentence, if the jury find the prisoner “guilty”. On the other hand, if the accused is proven innocent, then he is acquitted.

The jury is the main element in criminal trials in the Crown court, being responsible for deciding questions of fact. The jury consists of 12 jurors, chosen by lot from the waiting group of some 30 names, before the start of a criminal trial. Both the prosecution and the defense can reject up to seven of them. Also, any juror who knows anything about the accused person or the case must be replaced by another. Both judge and jury must try the case only on evidence immediately relevant to it.

The chosen jury then listens to the evidence given at the trial and gives its verdict on the facts after having been isolated in a separate room for its deliberations. The jury does not fix the punishment or sentence, which is the prerogative of the judge.

The jury system is good in that it is the ordinary citizen's link with the legal process; the jury safeguards individual liberty and justice because a common-sense decision either to punish or to acquit is taken by fellow citizens rather than by professionals.

Text-study

1. Learn the following words.

manslaughter – непредумышленное убийство

circuit – судебный округ

prosecution – судебное преследование; обвинение (сторона)

dock – скамья подсудимых

oath - клятва

alleged – подозреваемый

counsel for the prosecution – прокурор

compel – заставлять, принуждать

deliberation – совещание

common sense – здравый смысл

acquit – оправдывать

to cross-examine – провести перекрестный допрос

2. Answer the following questions.

1. What offences do the Crown courts deal with?

2. How is the administration of the Crown courts organized?

3. What are the rights of the person accused?

4. Name the two main parties in any criminal trial.

5. Do you agree that an English trial is usually a contest between defence and prosecution?

6. What is the role of the judge in the Crown court?

7. What is the main element of criminal trial in a Crown court?

8. In what way is the jury chosen?

9. What are the main advantages of the jury system?