Unit 7. Appeals

A defendant found guilty by the magistrates may appeal against the finding or against the punishment to the local Crown Court, and the Crown Court judge will hear the appeal without a jury. If a defendant has good reason to believe the magistrates have made a mistake about a point of law, then he may appeal to the Queen's Bench Division of the High Court. The appeal system is mostly for the benefit of the defendant, but there are cases of the prosecution successfully appealing for a more severe punishment. In Japan it is even possible for the prosecution to appeal that a not-guilty decision be changed to guilty.

Appeals from the Crown Court go first to the High Court and, in special cases, to the Court of Appeal. Occasionally, a case is carried through this system of appeal all the way to the House of Lords.

The House of Lords is considered the upper house of the British parliament, but its political powers are much more limited than that of the lower house, the House of Commons. Members of the House of Lords are not elected but consist of hereditary peers, peers appointed for life by the government, bishops of the Church of England, and the law lords - peers appointed for life after long service as lawyers. When sitting as a court of appeal it is only the law lords and certain other government-appointed officials who hear cases. Their decisions on both criminal and civil matters bind all other courts. Only the government can overturn a decision of the House of Lords and then, only by passing an Act of Parliament.

In many countries, such as Japan and the United States, the highest judicial decisions are made by the Supreme Court. Its members are appointed from the lower courts by the government. Unlike the British House of Lords, Supreme Courts are entirely concerned with legal matters (including the legality of government acts) and have no role in legislation.

Apart from the limited civil functions of Magistrates Courts (for example, prevention of family violence), the lowest court in a civil action is a County Court, of which there is one in every town in England and Wales. The judges are always professionals. They may hear matters such as contract and tort disputes, actions regarding claims to land or those regarding the property of a dead person. Cases involving larger amounts of money are heard by one of the divisions of the High Court. The Chancery Division, for example, deals with disputes about trusts, the property of the dead and bankruptcy, among other things. Appeals from the High Court, and most appeals from the County Courts, go to the Court of Appeal.

Some County Courts have authority to grant divorces, but when one of the parties disputes the divorce, it must be transferred to the Family Division of the High Court.

In addition to the courts mentioned above, there are numerous special courts which have been established to make decisions in particular types of dispute. For example, special industrial tribunals deal with disputes over contracts and sexual discrimination in employment matters.

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

the finding

prosecution

a sitting

professional (n. & adj.)

sexual

restriction

sexual abuse

defendant

hereditary

prevention

bankruptcy

discrimination

proceeding

(to be) represented by

punishment

peer

violence

tribunals

employment

to threaten

2. Answer the questions:

1. What courts may a defendant appeal to if he/she does not agree with the decision made by the magistrates?

2. For whose benefit is the appeal system in Britain?

3. How many Houses does the British parliament consist of?

4. Which House has more political power?

5. Who can overturn the decision of the House of Lords?

6. In what countries are the highest judicial decisions made by the Supreme Courts?

7. What are Supreme Courts in Britain entirely concerned with?

8. Which is the lowest court in a civil action?

9. What do special courts deal with?

10. Can you summarise the appeal system in Britain?

3. Prepare three first paragraphs of the text for control reading.

4. a)Reconstruct the sentences without looking into the text, explain or paraphrase them:

1. There are cases of /successfully /a more severe/appealing for /the prosecution / punishment. /

2. It is even / the prosecution /possible for/ to appeal that / be changed to guilty. /a not-guilty decision/

3. Occasionally, /this system of appeal / carried through /a case is/ the House of Lords. /all the way to /

4. The House / the upper house of /is considered/ the British parliament, /of Lords /

5. Their decisions /and civil matters / bind /on both criminal / all courts. / other /

6. the government. /The members/ the lower /courts / are appointed / from / by

7. divisions of/ Cases / larger amounts / involving /of money /one of the / are

heard by / the High Court.

8. When / disputes / one of the parties / it must be / the divorce,/ the Family Division / transferred to / of the High Court

9. There are / which / numerous / courts / special / have been established / in particular / to make decisions / types of dispute.

10. A / may order/ judge/ that no / be present / member of the public / in a case

b) Name the underlined grammar phenomenon in each sentence.

5. Make up sentences of your own with the following expressions and phrases:

to find smb. guilty of smth. / to be found guilty by (a court);

to appeal against the finding / against the punishment;

to hear the appeal without a jury;

to elect / to be elected;

to make a mistake about a point of law;

to be for the benefit of the defendant;

to dispute about / disputes about;

to appoint for life;

to hear cases / matters (concerned with);

In addition to the mentioned above;

to conduct a case in court.

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

In Britain, as in other nations with democratic systems of government, most court cases are open to the public. This means that any member of the public may witness a court case, although he does not have the right to speak and may be ordered from the court if he tries to interrupt proceedings. But there are some proceedings which are closed. For example, a judge may order that no member of the public be present in a case where a child is giving evidence of sexual abuse which he or she has suffered. The public is also sometimes excluded if the judge feels that a witness or a member of a jury is being threatened by someone watching the proceedings.

There are also restrictions on who may conduct a case in court. In most countries, an ordinary member of the public has the right to present his own case himself. However, although this sometimes happens in lower courts, most people choose to be represented by a professional lawyer, especially in a higher court.

7. a) Write out unknown words from the text, transcribe them, practice their pronunciation; explain all the words, connected with law.

b) Put several questions to the text.

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

AN ARREST

theft

pleaded

fingerprints

witnesses evidence

found

arrest

oath investigate

sentence

charge

cell

detained

fine

court

magistrate

handcuff

A policeman was sent to (a) __ the disappearance of some property from a hotel. When he arrived, he found that the hotel staff had caught a boy in one of the rooms with a camera and some cash. When the policeman tried to (b) __ the boy, he became violent and the policeman had to (c) __ him. At the police station the boy could not give a satisfactory explanation for his actions and the police decided to (d) __ him with the (e) __ of the camera and cash. They took his (f) _ , locked him in a (d) _, and (h) _ him overnight. The next morning he appeared in (i) __ before the (j). He took an (k) __ and (1) __ not guilty. Two (m) __, the owner of the property and a member of the hotel staff, gave (n) __. After both sides of the case had been heard the boy was (o) __ guilty. He had to pay a (p) __ of &50 and he was given a (q) __ of three months in prison suspended for two years.

9. Here are some more useful verbs connected with crime and law. Note that many of them have particular prepositions associated with them. Match the verbs with their definition.

to commit a crime or an offence:	to bring someone to court;
to accuse someone of a crime:	to argue for or against someone in a trial;
to charge someone with (murder):	to do something illegal;
to plead guilty or not guilty:	what the judge does after a verdict of guilty;
to defend / prosecute someone in court:	to say someone is guilty;
to pass verdict on an accused person:	to decide in court that someone is not guilty;
to sentence someone to a punishment:	to swear in court that one is guilty or otherwise;
to acquit an accused person of a charge:	to decide whether they are guilty or not;
to fine someone a sum of money:	to punish someone by putting this person in prison;
to send someone to prison:	to punish someone by making this person pay;
to release someone from prison/jail:	to have a case judged in court;
to be tried:	to set someone free after a prison sentence;

10. a)Here are some useful nouns to revise:

trial;

evidence;

verdict;

jury;

case;

proof;

judge;

b) Find the definition to each word:

1. Evidence that shows conclusively whether something is fact or not.

2. Information used in a court of law to decide whether the accused is guilty or not.

3. Group of twelve citizens who decide whether the accused is guilty or not.

4. The person who leads a trial and decides on the sentence.

5. A crime that is being investigated.

6. The legal process in court whereby an accused person is investigated, 01 tried, and then found guilty or not.

7. The decision: guilty or not guilty.

10. Discussion.

a) "Legal cases are best decided by professional judges, not by ordinary members of the public."

b) Write a paragraph containing two points for and two against this statement. Then discuss your answer with other students.

11. Legal terms to be memorised:

dispute; disputable

family dispute

industrial dispute

land dispute

tort dispute

persons in dispute

parties in dispute

dispute about contract (land)

action; actionable; actionability

action for damages

action for divorce

to bring/ to take an action

to win an action

to lose an action

actions regarding claims to land

a mistake about a point of law

prevent; preventive; preventively; prevention

to prevent a crime (an offence)

prevention of violence

act of governmental power

act of grace

to act in good faith

to act lawfully

to act with the authority of law

proceed; proceeding(s)

civil proceeding(s)

criminal proceeding(s)

to take criminal proceeding(s)