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17. Presenting cases in court

  1. 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.

  2. The CPS lawyer must present the facts to the court fairly. Criminal cases are divided into the following three types of offence.

  3. -“Summary only” offences (such as minor motoring offences and disorderly behavior) are less serious and can only be heard in the magistrates’ court.

  4. -“Either way” offences are more serious and can be heard in either the magistrates’ court or before a judge and jury in the Crown Court. These include all cases of theft and some categories of assault. Usually the magistrates decide whether the case should be heard in the Crown Court. But sometimes when the magistrates say they will hear a case, the defendant can choose to be dealt with in the Crown Court.

  5. -“Indictable only” offences (such as murder or rape) are the most serious and must always be heard in the Crown Court which has more sentencing powers. If a defendant is found not guilty, he or she cannot be prosecuted for the same offence. This applies to all types of case.

  6. The powers of police and the procedures which must be followed by them are laid down in Codes of Practice under the Police and Criminal Evidence Act 1984.

  7. These codes cover the powers to stop and search persons or vehicles; the searching of premises and seizure of property; detention, treatment and questioning by police; identification of suspects; and tape recording of interviews with suspects.

Choose one paragraph from the following reading that best suits each statement.

18. Legal professions in great britain

  1. Who is who in the law? If you are prosecuted for a crime in Britain, you may meet the following people during your process through the courts. Magistrates are unpaid judges usually chosen from well-respected people in the local community. They are guided on points of law by an official, the clerk. There are magistrates’ courts in most towns.

  2. After the accused person has been arrested, the first person he or she needs to see is a solicitor. Solicitors are qualified lawyers who advise the accused and help prepare the defence case.

  3. The solicitor may represent the accused in court. A person who is too poor to afford a solicitor will usually get Legal Aid — financial help from the state.

  4. In more serious cases it is usual for the solicitor to hire a barrister to defend the accused. The barrister is trained in the law and in the skills required to argue a case in court.

  5. The barrister for the defence will be confronted by his or her opposite number, the prosecuting barrister who represents the state.

  6. A jury consists of twelve men and women from the local community. They sit in the Crown Court with a judge and listen to witnesses for the defense and prosecution before deciding whether the accused is guilty or innocent.

  7. In Britain the person is innocent unless found guilty: the prosecution has the burden of establishing guilt.

Choose one paragraph from the following reading that best suits each statement.

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