Образование и профессиональная подготовка

 

Молодые люди, желающие стать барристерами, должны быть приняты в члены одного из Иннз оф Корт, и, с орпеделенными исключениями, они должны иметь степень первого или второго класса от университета или его эквивалента.

Они должны выдержать экзамен в коллегии, который проводится Советом юридического образования. Они также участвуют в жизни своего Инна, и они должны присутствовать на определенном числе ужинов, которые организуются в холле Инна.

Все студенты, которые желают стать членами коллегии, должны также участвовать в ряде практических курсов, организованных Советом юридического образования. Успешно выдержавший экзамены студент принимается в коллегию соответствующего Инна и становится барристером. Перед началом самостоятельной практики, однако, молодой барристер должен провести первые шесть месяцев в качестве ученика в конторе квалифицированного старшего барристера, и в течение этого периода ученик не имеет право выполнять какую-либо профессиональную работу за деньги.

 

TASK 2. Try to cover the following points in your oral presentation. Use the texts above.

 

1. the patterns to become a barrister

2. the Inns of Court

3. the evolution of legal education

4. the distinguished students of the Bar

 

TASK 3. Fill in the blanks with words and expressions below.

The senior branch of the legal profession in England, Wales and Northern Ireland is a……….

There are over 9,000 ………., who have the right to fight a………. (Crown ………. and the High……….) in England and Wales. ………. . Barristers belong to………. Which is an ancient legal institution and which is controlled by ………. . There are also the four legal societies or ………. In London. The four ………., law colleges, date from the middle ages and have maintained their autonomy and privileges, and been more resistant to attempts at reform than any other British………. .

Barristers have two main functions: first, to give specialized ……….on legal matters and, secondly, to act as ……….in the higher courts. Most sections of the general public cannot approach a barrister directly, but must be introduced by a………. .

advocates; institution; advice; Inns of Court; barristers; solicitor; courts; the Bar Council; the Bar; case

Courts and crimes

All criminal cases start in the magistrates’ courts. The minor cases stay there, with the magistrates deciding on guilt or innocence and then sentencing the criminal. Serious cases are referred by the magistrates to the Crown court – this is called “committal”. In committals, all the magistrates do is hear the outline evidence and decide whether there is a case to answer. Crown court judges have power to sentence more heavily than magistrates.

On committal the accused is either released (“bailed”) by magistrates, or – if the police think there is a danger he might disappear or threaten prosecution witnesses – held in prison until the trial.

Whether the case is committal to the Crown court depends on the seriousness of the crime. The most minor crimes, such as most motoring offences, are known as summary offences, and they are always dealt with by magistrates. The most serious crimes as murder and armed robbery are called indictable offences, and are always committed to the Crown court.

There are many crimes known as “either way” offences, which, as the name implies, may be tried by magistrates or in the Crown court. Sometimes the decision is up to the accused himself, but he should listen carefully to the advice of his lawyer: he may decide that he stand a better chance of being acquitted by a sympathetic jury than by a panel of stern magistrates, but he runs the risk of a higher sentence from a Crown court judge if the jury do find him guilty.

 

Sentencing

The most common sentences are fines, prison and probation. Probation is used often with more minor offences. A person on probation must report to a local police station at regular intervals, which restricts his or her movement.

Magistrates and judges may also pass suspended sentences, in which case the person will not serve the sentence unless he or she commits another crime, when it will be implemented without more ado. A sentence of community service means that the convicted person has to spend several hours a week doing useful work in his locality.

 

Appealing

 

People who have been convicted can appeal if their lawyer can either show that the trial was wrongly conducted or produce new evidence. Appeal can also be made against the severity of a sentence. Appeals from a magistrates’ court is to the Crown court and then up through the courts system to the Judicial Chamber of the House of Lords, the highest court in the land. From there, appeal is to the European Court of Justice.

 

A few more facts

- Children under 10 cannot be charged with a criminal offence.

- Offenders between 10 and 17 are tried by special juvenile courts.

- The death penalty technically still exists in Britain for some obscure offences, such as treason, but is no longer used.

- The punishment for murder is a life sentence. This can be much less than a lifetime in prison, depending on factors such as good behaviour.

- The most common punishment for crimes – 80 per cent of the total is a fine.

 

TASK 1. Now, are these statements true or false?

1. Juries sit in magistrates’ courts.

2. The state helps poorer suspects to pay for their defence.

3. All accused people have to appear before magistrates.

4. Magistrates try a person accused of murder.

5. Crown court judges can hand out stiffer sentences than magistrates.

 

TASK 2. Finish the sentences. Look through the texts above.

1. Sentences may be different: ………..

2. Appeals can be made if ……….

3. All criminal cases start in ……….

4. Whether the case is committal to the Crown court depends on ……….

5. ‘Either way’ offences are ……….

6. Committal is ……….

 

TASK 3. What words are given definitions to? Choose them from the list below.

- an illegal act or omission punishable under criminal law.

- specific number of people (usually six or twelve), selected as prescribed by law to render a decision (verdict) in a trial.

- person who testifies under oath before a court or in a deposition regarding what was seen, heard or otherwise observed.

- a qualified lawyer who advises clients, represents them in the lower courts, and prepares cases for barristers to try in higher courts.

- to charge with an offence, crime; to blame.

- a sum payable as punishment for an offence.

solicitor; fine; to accuse; witness; jury; offence