II. Judicial institutions unite 4. English courts

In all legal systems there are institutions for creating, modifying abolishing and applying the law. Usually these take the form of a hierarchy of courts and its capacity to make decisions is strictly defined in relation to other courts.

There are two main reasons for having a variety of courts. One is that a particular court can specialise in particular kinds of legal actions - for example, family courts and juvenile courts. The other is so that a person who feels his case was not fairly treated in a lower court can appeal to a higher court for reassessment (although the right of appeal usually depends upon the appellant being able to show certain reasons for his dissatisfaction). The decisions of a higher court are binding upon lower courts. At the top of the hierarchy is a supreme lawmaking body, but the process of taking an action from a lower court to the highest court may be very costly and time-consuming. We can use the English system as an example of how courts relate to one another.

In general, the division between civil and criminal law is reflected in this system. The Crown Courts, for example, deal exclusively with criminal matters, the County Courts - with civil. However, the Queen's Bench Division of the High Court considers appeals from lower criminal courts, as well as civil matters, and the Magistrates Courts, while mostly concerned with criminal cases, also deal with some civil matters. The highest court, the House of Lords, deals with all matters (including appeals from Scottish and Northern Irish courts).

A criminal case usually begins in a Magistrates Court. Having arrested someone suspected of committing a crime, the police decide if they have enough evidence to make a formal accusation, or charge. If they charge the suspect, they may release him on the condition that he appears on a certain date at a certain Magistrates Court. This is known as unconditional bail. However, the police may instead take the suspect to a magistrate so that he remains in custody until he next appears before a court. The magistrate may decide that it is not necessary to hold the suspect in custody and may agree to unconditional bail, or the magistrate may grant conditional bail - that is, release the suspect provided that he puts up some money as security or agrees to surrender his passport or some similar condition. As the lowest criminal court, a Magistrates Court is empowered to hear certain cases only. Some minor cases, such as parking violations, are dealt with only by the magistrates. Some serious crimes, like murder, cannot be heard by the magistrates and must go to the Crown Courts. And there are some offences where the defendant is given the choice of having his case heard in the Magistrates Court or the Crown Court. It takes much longer to have a case heard in the Crown Court, but some defendants prefer it because the facts of the case are decided by a jury, that is, ordinary members of the public.

In a Crown Court trial there are twelve jurors. These are ordinary members of the public between the ages of 18 and 70 who are selected at random. They are not paid but are given expenses while they are on jury service, which is usually for about two weeks. Service is compulsory, and it cannot normally be avoided without a good reason, such as illness. It is not necessary for a juror to know anything about the law - indeed certain people connected with the world of law, such as solicitors, are not allowed to serve as jurors. This is because the job of the jury is to listen to the case and to decide questions of fact. It is the judge's responsibility to guide them on questions of law.

This contrast between law and fact is very important. If a man is on trial for murder, for example, the judge will explain just what the crime of murder means in English law and the prosecution has to prove. He will explain how the trial will be conducted, summarise the evidence, and tell the jurors what factors they should consider in making their decision. These are questions of law. However, whether the defendant did in fact commit murder or not is a question of fact to be decided by the jurors themselves. It is necessary for at least ten of the twelve to agree.

1. Consult a dictionary, transcribe the following words and practice their pronunciation. Explain their meaning using English explanatory dictionary (or translate them into Ukrainian):

hierarchy

fairly

(to be) empowered

summarise

variety

reassessment

at random

compulsory

particular

dissatisfaction

offence

to surrender

specialise

exclusively

responsibility

expenses.

2. Answer the questions:

1. What are the institutions for creating, modifying, abolishing and applying the law in Britain?

2. What institutions create, modify and abolish the law in Ukraine; which ones apply the law ?

3. What are the reasons for having a variety of courts in GB?

4. Are the decisions of a higher court binding upon lower courts?

5. Which is the supreme lawmaking body in GB?

6. Describe the general system of the English courts.

7. What courts deal exclusively with criminal matters?

8. What courts deal with civil cases?

9. What courts consider appeals from lower criminal courts, as well as criminal cases?

10. What cases do the Magistrates Courts deal with?

11. Where does a criminal case usually begin ?

12. Can serious crimes, like murder, be heard by the magistrates?

13. How many jurors are there in a Crown Court? Are they paid?

14. Is it necessary to have a special education to be a juror?

15. What is conditional bail?

16. What is unconditional bail?

3. Reconstruct the sentences without looking into the text, explain or paraphrase them:

1. A particular/ actions/specialise/can /court /in /particular /of/kinds /legal.

2. A person /court/for reassessment /who feels /was not /his case /fairly treated / can appeal to / in a lower /a higher court.

3. The process /to the highest court /from a lower court /may be very/of taking an action /time-consuming and costly.

4. The police /suspected of /arrest people /committing a crime, /if they /to make a formal / have enough evidence /accusation, or charge.

5. If they charge/they may release him / at a certain /the suspect, / that he appear /on the condition/on a certain date/Magistrates Court.

6. The magistrate / it is not necessary /may decide that/ in custody./to hold the suspect/

7. The Magistrates /such as /empowered /Courts are /to hear / minor cases, /parking violations/

8. Some / like murder, /serious crimes,/by the magistrates /cannot be heard / to the Crown Court, /and must go/

9. There are some /where the defendant /in the Magistrates Court/offences /is given the choice/ his case heard / of having / or the Crown Court.

10. Service / and it cannot /is compulsory,/normally / without a good reason,/be avoided/ such as illness./

11. Certain / with the world /people connected /of law, /such as / are not allowed /solicitors,/ to serve as jurors.

12. He will explain / will be conducted, /how the trial/ summarise the evidence, / what factors /and tell the jurors /in making /they should consider /their decision.

4. Paraphrase or translate, make up sentences of your own with the following word combinations:

to make a decision;

there is one main reason for having..;

to depend upon smb./smth.;

to specialise in;

to appeal to a higher court;

to show certain reasons for;

to be at the top of;

to deal with... matters;

to relate to (one another);

to consider appeals;

to have enough evidence;

to suspect smb. of committing a crime;

to make a formal accusation;

to remain in custody /to hold the suspect in custody;

to appear before a court;

to release the suspect;

to put up some money as security;

to be given expenses;

to be compulsory;

to select/be selected at random;

to guide someone;

to be on jury service;

5. Prepare two last paragraphs of the text "English Courts" for control reading.

6. Make a written translation of the following text, entitle it; retell the text.

In some countries such as France (where there are nine jurors), the judges and jurors decide the case together. In the United States juries not only decide if the defendant is guilty but sometimes also have to say what punishment he should receive. Before World War II, Japan also had a jury system, but it was often criticised for the ease with which jurors could be bribed. Now Japan, like South Korea, is a rare example of modern industrialised country where jurors are not used: all decisions are made by professional judges. Most countries have special rules for young defendants. Children under ten cannot stand trial at all under English law. Juveniles (those under seventeen) are dealt with in special Magistrates Courts known as Juvenile Courts.

7. Write out unknown words from the text "English Courts", transcribe them, practice their pronunciation; explain all the words, connected with law and courts. Put several questions to the text.

8. Put the following words in their correct place in the passage below:

detective

plain clothes

jury

warders

coroner

verdict

solicitor

trial

inquest

death penalty

a) If you want legal advice in Britain, you go to a __.

b) At the end of the __, the judge ordered the twelve men and women of the __ to retire and consider their __, guilty or not guilty.

c) Men or women who look after prisoners in prison are called prison officers or _.

d)If a person dies in unusual circumstances, an _ is held at a special court, and the 'judge' is called a __.

e) A policeman who investigates serious crime is called a __. He wears _ not uniform.

f) In some countries murderers are executed, other countries have abolished the _.

9. Fill in the gaps in the text below:

SECURITY WORK

guards

detectives

security firm

bug

kidnappers

tap

couriers

armoured vehicles

bullet-proof

private

I run a (a) __ which offers a complete range of security services. We have (b) __ with special (c) ___ windows to transport money and other valuable items. We can supply trained (d) __ to protect exhibits at art shows and jewellery displays. We can advise you if you think someone is trying to (e) __ your phone or (f) __ your private conversations at home or in the office with hidden microphones. We have ex-policemen whom you can hire as (g) __ and special (h) __ to deliver your valuable parcels anywhere in the world. We can protect you or your children against possible (i) __.

10. Discussion.

British courts.

11.Legal terms to be memorised:

suspect (n.); suspect (v.); suspected

suspect in the crime

fleeing suspect

criminal matters (courts, cases)

conditional// unconditional

(un)conditional bail

to grant conditional bail

supreme; supremacy

Supreme Council

Supreme Court

supreme body

supreme lawmaking body

supremacy of law

offence; offend; offender

grave offence

indictable offence

minor offence

to offend the law

hardened offender

juvenile offender

appeal (n.); appeal(v.);appellant; appealed

the right of appeal;

to direct an appeal;

to hear an appeal

without appeal

jury; juror; jury-box; jury-room

to pack a jury

to discharge the jury

trial

to conduct (to hold) a trial

to be on trial for smth.