CRIMINAL AND CIVIL LAW

 

The aim of the domestic legal system is both to control unlawful activities against citizens and the state, and to serve citizens in a variety of ways. Hence there are two main branches of law in the United Kingdom – criminal law and civil law.

Criminal law is concerned with acts punishable by the state, in other words, the primary object of criminal law is to protect society by punishing those who are considered to have broken the law and done something wrong to society in general. The trial and the punishment are supposed to act as deterrents to potential offenders, as well as to state society’s attitudes on a wide range of matters.

Civil law covers disputes (about the rights, duties and obligations) between two or more parties – individuals, companies or other organizations. The purpose of English civil law is not to punish, but to establish harmony or obtain compensation or some other remedy. One party (plaintiff) will initiate a civil action against another individual or organization (defendant).

The disputes may be settled during the course of negotiations or litigation or eventually by a judge or registrar after a full trial of the facts.

The distinction between civil and criminal matters is not precise. Courts may be classified as criminal courts and civil courts, but in England and Wales and Northern Ireland magistrates’ courts have both a civil and criminal jurisdiction. However the court of trial and the rules of procedure and evidence will usually differ in civil and criminal cases.

 

Criminal and Civil Courts

 

The court system reflects the existing aspects of the law and comprises, accordingly, two types of courts: criminal courts and civil courts.

 

Criminal courts

 

The criminal court structure in England and Wales was created by the Courts Act of 1971 and comprises two levels of criminal courts.

The lower court (or court of first instance) is the magistrates’ court, which deals with summary – the less serious – offences: the vast majority of criminal cases, and conducts preliminary investigation into the more serious offences. These more serious – indictable – offences are mostly tried by the higher court – the Crown court.

 

Magistrates’ Courts

 

Magistrates’ courts are local courts; counties are divided into divisions serving rural and urban areas, each having its own court. Magistrates’ courts are sometimes called ‘courts of summary jurisdiction’ or ‘petty sessions’, or police courts’.

There are about 700 magistrates’ courts in England and Wales, which are open to the public and the media. They usually consist of three to seven lay magistrates – known as Justices of the Peace (JPs).  

The JPs are ordinary but worthy citizens who have been appointed to their positions by the Lord Chancellor on the advice of local appointing committees. JPs have no formal qualifications; they are chosen merely for their good reputation, often with the support of political parties or approved voluntary bodies. JPs hear cases without a jury, receive no salary for their services (only expenses). On appointment they are obliged to attend court as observers before actually taking their seats on the bench, and they are expected to attend courses of instruction about their work. There are some 30,000 JPs (1999) throughout England and Wales, each of them works in the court about 30-50 days a year.

In Central London and some other big cities there are also stipendiary magistrates. These are trained lawyers who work full time and are paid salaries. They are mainly used in large cities to reduce the heavy workloads of the magistrates’ courts.

Every person charged with an offence is summoned to appear before a local magistrates’ court, which may impose a fine up to a general limit of 2,000 pounds or twelve months’ imprisonment, though for some specified offences the laws prescribe maximum penalties below these limits. With 98% of cases the magistrates on the bench decide on guilt or innocence, and if necessary what penalty to impose. With more serious cases the magistrates can decide only to send them for trial in a crown court.

 

Crown Courts

 

Criminal offences may be grouped into three categories. Offences triable only on indictment – the very serious offences such as murder, manslaughter, rape and robbery – are tried only by the Crown Court presided over by a judge sitting with a jury. Summary offences – the least serious offences and the vast majority of criminal cases – are tried by unpaid lay magistrates sitting without a jury. A third category of offences (such as theft, burglary, or malicious woundings) are known as ‘either way’ offences and can be tried either by magistrates or by the Crown Court depending on the circumstances of each case and the wishes of the defendant.

In addition to dealing with summary offences and the ‘either way’ offences which are intrusted to them, the magistrates’ courts commit cases to the Crown Court either for trial or for sentence. Committals for trial are either of indictable offences or of ‘either way’ offences, which it has been determined, will be tried in the Crown Court. Committals for sentence occur when the defendant in an ‘either way’ case has been tried summarily but the court has decided to commit him or her to the Crown Court for sentence.

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 centre. The centres are divided into different level of importance, so that the more serious criminal and civil cases are heard by top-level courts.

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

The Crown Court has exclusive jurisdiction over all indictable offences wherever committed. Innocence or guilt is determined at a trial presided by a judge, with a jury of twelve citizens. The English law presumes the innocence of an accused person: thus it is the prosecution who has the burden of establishing guilt. An accused person has the right to employ a legal advisor and if cannot afford to pay he may be granted legal aid wholly or partly from the state.

 

Vocabulary Notes to the text ‘Crown Courts’.

1. triable – подсудный

2. manslaughter – 1) человекоубийство; 2) непредумышленное убийство

3. rape – изнасилование

4. lay magistrate – мировой судья; (lay = justices of the peace)

5. theft – кража, воровство

6. burglary – ночная кража со взломом

7. indictable offences – правонарушения, подлежащие рассмотрению в суде

8. to try summarily – рассматривать дело в суде в порядке суммарной юрисдикции.

 

REVISION

TASK 1. Read the continuation of the text ‘Crown Courts’ and substitute Russian words in brackets by the English ones. Use the list of words below.

 

There are 63 full-time, legally qualified (должностные лица , находящиеся на жаловании правительства) who may sit alone and usually (председательствовать в суде / при судебном разбирательстве) in urban areas where the workload is heavy.

Cases involving people under 17 are heard in (суды по делам несовершеннолетних). These are specially constituted magistrates’ courts which either sit apart from other courts or are held at a different time. Only limited categories of people may be present and (сообщения средств массовой информации) must not identify any juvenile appearing either as a (ответчик , подсудимый , обвиняемый) or a (свидетель). Where a young person under 17 is charged jointly with someone of 17 or over, the case is heard in an ordinary magistrates’ court or the Crown Court. If the person is found guilty, the court may transfer the case to a juvenile court for (приговор) unless satisfied that it is undesirable to do so.

The Crown Court deals with trials of the more serious cases, the sentencing of offenders committed for sentence by magistrates’ courts, and appeals from magistrates’ courts. It sits at about 90 centres and is presided over by High Court judges, full-time (окружные судьи) and part-time (рекордеры/мировые судьи с юрисдикцией по уголовным и гражданским делам в городах и городках). All (состязательные судебные разбирательства) take place before a jury. Magistrates sit with a circuit judge or recorder to deal with appeals and (передачи на рассмотрение суда для вынесения приговора).

The Government is planning to alter court procedure regarding cases of serious or complex fraud with a view to by-passing full committal proceedings in magistrates’ courts at the discretion of the prosecution, but with a special procedure under which the accused would be able to apply to the Crown Court (быть оправданным) on the ground that there was no case to answer.

 

1. to be discharged

2. contested trials

3. circuit judges

4. sentence

5. defendant

6. media reports.

7. stipendiary magistrates

8. to preside (in court)

9. juvenile courts

10. juvenile offender

11. witness

12. recorder

13. committal for sentence

 

TASK 2. Make a dialogue using set expressions and phrases.

 

Will you kindly answer me what you really know about stipendiary magistrates? – Будьте любезны ответить, что вам известно об оплачиваемых должностных лицах?

I agree with you, but… - Согласен с вами, но…

That’s all right. Nevertheless, it is urgent to talk over the fate of juvenile offenders. – Все это правильно. Тем не менее, представляется актуальным обговорить вопрос, касающийся судьбы малолетних (несовершеннолетних) преступников.

It is important to draw attention to the role and activities of the Crown Court… - Важно привлечь внимание к роли и деятельности Суда Короны…

Everything depends on the circumstances: contested trials... - Все зависит от обстоятельств: состязательные судебные разбирательства…

My information is that the Government is planning to alter… - По имеющимся сведениям, правительство планирует изменить…

 

TASK 3. Finish the following sentences, using the information from the texts above.

1. The main branches of law in the UK are……….

2. The purpose of English criminal law is ……….

3. The purpose of English civil law is ……….

4. The criminal court system in English and Wales was created by ……….

5. The JPs are ……….

6. Stipendiary magistrates are ……….

7. Criminal offences may be grouped into………. They are……….

8. The Old Bailey is ……….

TASK 4. What words are given definitions to? Choose them from the list below?

- the unlawful killing of a human without any malicious intent or deliberation, which may be involuntary, in the commission of a lawful act without due caution.

- to kill (sb.) unlawfully and intentionally.

- the crime of forcing sb., esp. a woman to have sexual intercourse against her/his will.

- to steal sth. from (a person or place), esp. by violence or threat.

- the judgment formally pronounced by the court or judge upon the defendant after his conviction in a criminal prosecution, imposing the punishment to be inflicted.

- one who steals, esp. secretly and without violence.

- burglar – one who breaks into houses or other buildings to steal.

murder; manslaughter; to rob; rape; theft; burglar; sentence

 

CRIMINAL TRIALS

 

Criminal trials normally take place in open court with two contending parties: the prosecution and the defence, and rules of evidenceare rigorously applied. The accused is brought into the dock, the charge is read out, and he or she is asked to plead ‘guilty’ or ‘not guilty’. On a ‘guilty’ plea, the person is usually sentenced after a short presentation of the facts by the prosecution. On a ‘not guilty’ plea, the trial proceeds in order to establish the person’s guilt or innocence. The responsibility of the prosecution is to prove ‘beyond a reasonable doubt’ that the accused did commit the alleged crime. If the proof is not sufficient, the jury must return a ‘not guilty’ verdict.

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 defence counsel calls witnesses for the defence, 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, summarizing his defence. Finally the prosecuting counsel makes a speech in reply.

The prosecution and defence of an accused person are still generally carried out by solicitors in the magistrates’ courts and by barristers in the crown court, although it is possible to defend oneself.

As Crown courts are contests between the two opposing parties, neither the prosecution nor the defence counsel is concerned to establish the whole truth about the accused person. Both may well wish to avoid aspects, which weaken their case.

 

The Jury

  

In jury trials the judge decides questions of law, sums up the evidence for the jury and instructs it on the relevant law, and discharges the accused and passes sentence. Only the jury decides whether the defendant is guilty or not guilty. In England and Wales, if the jury cannot reach a unanimous verdict, the judge may direct it to bring in a majority verdict provided that, in the normal jury of 12 people, there are not more than two dissentients. If the jury returns a verdict of ‘not guilty’, the prosecution has no right of appeal and the defendant cannot be tried again for the same offence. In the event of a ‘guilty’ verdict, the defendant has a righr of appeal to the appropriate court.

A jury is completely independent of the judiciary. Any attempt to interfere with a jury once it is sworn in is punishable under the Contempt of Court Act 1981.

People between the ages of 18 and 65 whose names appear on the electoral register, with certain exceptions, are liable for jury service and their names are chosen at random. Ineligible persons include the judiciary, priests, people who have within the previous ten years been members of the legal profession, the Lord Chancellor’s Department, or the police, prison and probation services, and certain sufferers from mental illness. Persons disqualified from jury service include those who have, within the previous ten years, served any part of sentence of imprisonment, youth custody or detention, or been subject to a community service order, or, within the previous five years, been placed on probation. Anyone who has been sentenced to five or more years’imprisonment is disqualified for life.

 

REVISION

TASK 1. Check the comprehension of the texts ‘Criminal trials’ and ‘The Jury’ by choosing the answer, which you think, is correct.

 

1. Criminal trials are normally held in open court;

a) criminal trials are not normally held in open court.

b) yes, it is true as evidence may help the accused, the defence having the right to the last speech at the trial;

c) criminal trials are normally in both open court and closed court.

 

2. In jury trials the judge discharges the accused or passes sentence.

a) in jury trials the judge decides only questions of law;

b) yes, it is true; besides the judge instructs the jury on the relevant law;

c) in jury trials the jury pass (passes) sentence.

 

3. In jury trials only the jury decides whether the defendant is guilty or not guilty.

a) yes, it is true, then the judge passes sentence;

b) the jury really decides this question, but the judge participates in this work;

c) the jury does not decide this question.

 

4. In England and Wales the normal jury is of 12 people.

a) no, there may be 6 people in the jury;

b) in some cases, their number comes up to 18 people;

c) according to law in the normal jury there are 12 people.

 

5. In the event of a ‘guilty’ verdict, the defendant has a right of appeal to the appropriate court.

a) the defendant has no right of appeal;

b) yes, it is true; the defendant has this right;

c) the defendant can appeal to the Superior court.

 

6. A jury is completely independent of the judiciary.

a) a jury to some extent depends on local authorities;

b) a jury is affected by the Governmental officers;

c) yes, it is true and any attempt to interfere with a jury is punishable under the Contempt of Court Act 1981.

 

7. Not everybody is liable for jury service.

a) but yes, every person may be liable for jury service;

b) there are certain limits for those who have within the previous ten years served any part of a sentence of imprisonment;

c) yes, it is true, there are very high requirements to those who are liable for jury service, there are special rulings: ineligible persons include the judiciary, priests and many other.

CIVIL JUSTICE

The Civil Law

 

The main subdivision of the civil law of England, Wales and Northern Ireland are: family law, the law of property, the law of contract and the law of torts (covering injuries suffered by one person at the hands of another irrespective of any contract between them and including concepts such as negligence, defamation and trespass). Other branches of the civil law include constitutional and administrative (particularly concerned with the use of executive power), industrial, maritime and ecclesiastical law. Scottish civil law has its own, often analogous, branches.

 

Civil Courts

England and Wales

 

Most civil cases are heard in the first instance by the County Court, but in cases where large amounts are in dispute they will initially be heard in the High Court. Appeal from both the County Courts and the High Court is to the Court of Appeal (Civil Division).

The jurisdiction of the 274 county courts covers actions founded upon contract and tort (with minor exceptions); trust and mortgage cases; and actions for the recovery of land. Cases involving claims exceeding set limits may be tried in the county court by consent of the parties or in certain circumstances on transfer from the High Court.

Other matters dealt with by the county courts include hire purchase, the Rent Acts, landlord and tenant, and adoption cases. Divorce cases are determined in those courts designated as divorce county courts, and outside London bankruptcies are dealt with in certain county courts. The courts also deal with complaints of race and sex discrimination.

All judges of the Supreme Court (comprising the Court of Appeal, the Crown Court and the High Court) and all circuit judges and recorders have power to sit in the county courts, but each court has one or more circuit judges assigned to it by the Lord Chancellor, and the regular sittings of the court are mostly taken by them. The judge normally sits alone, although on request the court may, exceptionally, order a trial with a jury.

The High Court of Justice is divided into the Chancery Division, the Queen’s Bench Division and the Family Division. Its jurisdiction is both original and appellate and covers civil and some criminal cases. In general, particular types of work are assigned to a particular division. The Family Division, for instance, is concerned with all jurisdiction affecting the family, including that relating to adoption and guardianship. The Chancery Division deals with the interpretation of wills and the administration of estates. Maritime and commercial law is the responsibility of admiralty and commercial courts of the Queen’s Bench Division.

Each of the 80 or so judges of the High Court is attached to one division on appointment but may be transferred to any other division while in office. Outside London (where the High Court sits at the Royal Courts of Justice) sittings are held at 26 county court centres. For the hearing of cases at first instance, High Court judges sit alone. Appeals in civil matters from lower courts are heard by courts of two (or sometimes three) judges, or by single judges of the appropriate division, nominated by the Lord Chancellor.

 

Vocabulary

 

1. family law – семейное право

2. property – собственность

 The law of property – право собственности

3. negligence – небрежность

4. defamation – клевета, диффамация

5. trespass – посягать, злоупотреблять; нарушать чужое право владения; совершать проступок или правонарушение

6. the law of contract – договорное право

7. industrial law – промышленное право

8. maritime law – морское право

9. ecclesiastic law - церковное право

10. litigation – тяжба, судебный спор, процесс (разбирательства)

11. jurisdiction - отправление правосудия; юрисдикция; подсудность; судебная практика;

судебный округ; орган власти;

actual jurisdiction – существующая судебная практика

appellate jurisdiction – апелляционная юрисдикция

to come within the jurisdiction – подпадать под юрисдикцию

to fall out sb’s jurisdiction быть вне чьей-либо юрисдикции 

12. mortgage – ипотечный залог

13. trust – доверительная собственность, кредит, доверие

14. claim – требование; претензия, заявление права

15. recorder – протоколист, регистратор; рикордер, городской мировой судья и судья по уголовным делам;

general recorder – присяжный протоколист в суде

16. will – воля, завещание

17. matrimonial proceedings – заключение в тюрьму по семейным делам

 

Commentary and notes

1. improving the machinery of civil justice – улучшение организации гражданского правосудия

2. to reduce delays – сокращать задержки

3. the limited civil jurisdiction – ограниченные гражданские полномочия

4. maintenance orders – назначение алиментов

5. adoption orders and affiliation orders – разрешение об установлении и признании отцовства

6. actions for the recovery of land – дела о земельном взыскании

7. on transfer from the High Court – по переводу (дела) из Высшего суда

8. circuit judges assigned to … - окружные судьи, назначенные…

9. its jurisdiction is both original and appellate – он может быть как судом первой инстанции, так и апелляционным

10. the administration of estates – управление имуществом

 

REVISION

 

TASK 1. Answer the questions:

 

1. What are the main sub-divisions of the civil law of England, Wales and Northern Ireland?

2. What cases do the county courts deal with?

3. What do you know about the limited civil jurisdiction of magistrates’ courts?

4. What does the jurisdiction of the 274 county courts cover?

5. What cases may be tried in the county court by consent of the parties?

6. What can you say about other matters dealt with by the county courts?

7. What kind of courts regard divorce cases?

8. Do judges of the Supreme Court have power to sit in the county courts?

9. How is the High Court of Justice divided?

 

TASK 2. Check the comprehension of the text “Civil Courts” by choosing the answer, which you think, is correct.

 

1. The jurisdiction of the county courts covers actions founded upon contract and tort; trust and mortgage cases.

a) mortgage cases are under the jurisdiction of criminal courts;

b) actions founded upon contract may be regarded by both civil courts and criminal courts;

c) this statement is correct, in addition the recovery of land is under the jurisdiction of the  county courts.

 

 2. Other matters dealt with by the county courts include hire purchase, the Rent Acts, landlord and tenant, and adoption cases.

a) adoption cases cannot be regarded by the county courts, they are under the jurisdiction of the Supreme Court;

b) yes, it is true, besides the county courts regard the cases on divorce, complaints of race and sex discrimination;

c) the Rent Acts are under the jurisdiction of criminal acts.

 

 

3. All judges of the Supreme Court and all circuit judges have power to sit in the county courts.

a) it is not quite so, not all circuit judges have power to sit in the county courts;

b) the judges of the Court of Appeal have no power to sit in the courts either;

c) yes, it is absolutely true, and in addition recorders have also power to sit in the county courts, but each court has one or more circuit judges, assigned to it by the Lord Chancellor, and the regular sittings of the court are mostly taken by them.

 

4. The High Court of Justice is divided into divisions.

a) yes, it is true and it includes the Chancery Division, the Queen’s Bench Division and the Family Division;

b) the High Court of Justice does not have any divisions;

c) the High Court of Justice is divided into the Chancery Division and the Family Division

and what is most interesting the High Court of Justice cannot be original.

 

5. The Chancery Division deals with the interpretation of wills and the administration of estates.

a) the Chancery Division deals only with the administration of estates;

b) the Chancery Division deals with the administration of estates and the matters of bankruptcies;

c) it is really true.

 

6. Maritime and commercial law is the responsibility of admiralty and commercial courts of the Queen’s Bench Division.

a) the Queen’s Bench Division mainly deals with adoption cases and guardianship and with all jurisdiction, affecting the family;

b) the Queen’s Bench Division deals with the interpretation of wills;

c) yes, maritime and commercial law are under the jurisdiction of admiralty and commercial courts of this division.

 

7. Appeals in civil matters from lower courts are heard by courts of two (or sometimes three) judges.

a) yes, it is true and it may be added, that there may be single judges of the appropriate division, nominated by the Lord Chancellor;

b) appeals in these cases are heard by courts of five judges;

c) appeals from lower courts are heard by courts of only single judges.

 

TASK 3. Translate the microtext in writing.

Appeals in England and Wales

Appeals in matrimonial, adoption and guardianship proceedings heard by magistrates’ courts go to a divisional court of the Family Division of the High Court. Affiliation appeals are heard by the Crown Court, as are appeals from decisions of the licensing committees of magistrates. Appeals from the High Court and county courts are heard in the Court of Appeal (Civil Division), consisting of the Master of the Rolls and 27 Lord Justices of Appeal, and may go on to the House of Lords, the final court of appeal in civil and criminal cases.

The judges in the House of Lords are the nine Lords of Appeal in Ordinary, who must have a quorum of three, but usually sit as a group of five, and sometimes even of seven. Lay peers do not attend the hearing of appeals (which normally take place in a committee room and not in the legislative chamber), but peers who hold or have held high judicial office may also sit. The president of the House in its judicial capacity is the Lord Chancellor.

 

Commentary and notes to the text .

 

1. affiliation appeals – апелляции по делам об усыновлении

2. decisions of the licensing committees of magistrates – решения уполномоченных комитетов мировых судей

3. the Master of the Rolls – хранитель судебного архива

4. Lords of Appeal in Ordinary – Лорды по апелляциям – постоянные члены суда

5. lay peers – пэры – непрофессиональные юристы

6. the legislative chamber – законодательная палата

 

OTHER COURTS

 

Coroner’s courts

Coroners investigate violent and unnatural deaths where the cause is unknown. Deaths may be reported to the local coroner (who is either medically or legally qualified, or both) by doctors, the police, the registrar, various public authorities or members of the public. If  the death is sudden and the cause unknown, the coroner need not hold an inquest if, after a post-mortem examination has been made, he or she is satisfied that the death was due to natural causes. Where there is reason to believe that the deceased died a violent or unnatural death or died in prison or in other specified circumstances, the coroner must hold an inquest and it is the duty of the coroner’s court to establish how, when and where the deceased died. A coroner may sit alone, or in certain circumstances, with a jury.

 

Vocabulary notes.

 

1. coroner – коронер (следователь, специальной функцией которого является расследование случаев насильственной или внезапной смерти)

2. the registrar – регистрационное бюро (чиновник-регистратор)

3. to hold an inquest – проводить расследование

4. post-mortem – лат. Вскрытие трупа

5. the deceased – покойный

 

Youth Courts

 

An important additional function of the magistrates’ courts is to hear cases involving young people under 18 (who are collectively called ‘juveniles’). The age of criminal responsibility in England and Wales is ten, except in Scotland where it is eight.

Britain has a serious problem with young offenders. The peak age for committing crime is 15: one in four criminal offences are committed by teenagers under 16. By that time crime is for many already a lifestyle, no wonder that one of the Government priorities is to reform youth justice to focus efforts on preventing offending by children and young people.

Special juvenile courts comprise experienced magistrates and must include at least one member of either sex. Proceedings are held in private, media reports must not identify a young person concerned in the proceedings, whether a defendant, victim or witness. There is a wide range of penalties for young people who are found guilty, ranging from fines and compensations for those under 17 (where their parents or guardians may be ordered to pay) to confinement for those aged 15 and over in a young offenders’ institution.

The Crime and Disorders Act 1998 has established a number of new orders to prevent offending and reoffending by young people.

There are administrative tribunals which make quick, cheap and fair decisions with much less formality. Tribunals deal with professional standards, disputes between individuals, and disputes between individuals and government departments (e.g. over taxation).

 

 

Courts of Appeal

Criminal appeals are an integral part of the criminal procedure in England and Wales as no trial process can be perfect. Some people have been found guilty of crimes they did not commit; and probably some that were really guilty have been found ‘not guilty’ and set free.

The appeal system is necessary safeguard against mistakes and injustice, which do occur from time to time. In criminal law appeals to a higher court can be expensive, and leave to appeal must usually have been granted by a lower court. People who have been convicted can appeal if their lawyer can either show that the trial was wrongly conducted or produce new evidence. Appeals can be made against the severity of the sentence, and can be brought on grounds of fact and law. If an appeal succeeds, the higher court may quash the conviction, reduce the sentence or order a new trial. Since 1989, the prosecution can also appeal against what it regards as an insufficient punishment, and the appeal courts can substitute a stronger sentence.

A person convicted by a magistrates’ court may appeal to the High Court (a divisional court of the Queen’s Bench Division), on points of law, and to the Crown court, by way of rehearing.

Appeals from the Crown court against the conviction or against the sentence (on points of law and fact) go to the Criminal Division of the Court of Appeal. The appeal is heard by two judges who deliver judgments.

A further appeal can be made to the Judicial Chamber of the House of Lords, which is the

highest court of appeal in England and Wales. But leave to appeal is only allowed if a point of law of general public importance is involved. The House of Lords, in this legal capacity, is normally represented by up to five Law Lords who hear the case, and who may be presided over by the Lord Chancellor, if the latter so wishes. From there, appeal is to the European Court of Justice.

In addition to these, there exists another appeal route from both the magistrates’ and Crown courts, which is to a divisional court of the Queen’s Bench Division. This procedure is only possible for matters of law.

 

REVISION

 

TASK 1.Complete the following sentences with the correct names of courts.

The most common type of Law Court in Great Britain is the (a)……….court. More serious criminal cases then go to (b)……….court. Civil cases are dealt with in (c)……….courts. Appeals are heard by(d)……….courts. The highest court of appeal in England and Wales is (e)………. .

Certain cases may be referred to (f) ……….in Luxembourg.

The legal system also includes (g) ……….courts (which deal with offenders under seventeen) and (h) ……….courts (which investigate violent, sudden or unnatural deaths). There are also administrative (i) ……….which deal with professional standards, disputes between individuals, and disputes between individuals and government departments.

 

 

TASK 2.Complete the following sentences with the words and phrases from the list below, using them in the correct form.

 

1.If a person in Britain has a legal problem, he will go and see a ………. . 2. A case of divorce is a ………. . 3. If you want to ……….your debts, your case will be heard in the County Court. 4. ……….is an expert in the interpretation of law. He is also an expert on ……….(the art of presenting cases in Court). 5. Coroners who have medical or legal training……….violent or unnatural deaths. 6. A jury consists of twelve jurors who are ordinary people chosen ……….from the Electoral Register. 7. In a Magistrates’ Court the accused is placed in ………. . 8. A defence lawyer in court ……….the witnesses. 9. A judge ……….the accused if he ………. .

to plead guilty; attorney; to recover; barrister; to cross-examine; civil action; to inquire into; advocacy; to sentence; at random; solicitor; the dock.

 

TASK 3. Choose the correct definition for each legal profession mentioned in texts above.

(a) an officer acting as a judge in the lower courts.

(b) a public official with authority to hear and decide cases in a law court.

(c) a group of people who swear to give a true decision on issues in a law court.

(d) an official who investigates the cause of any death thought to be violent or unnatural causes.

(e) a lawyer who has the right to speak and argue in higher law courts.

(f) a lawyer who prepares legal documents, advises clients on legal problems and speaks for them in lower law courts.

 

TASK 4. Match each word or expression below with the correct definition.

1. everything witnesses say in court: facts, etc.

2. where witnesses stand in court.

3. someone who sees a crime or an accident.

4. ask all witnesses involved in a case questions.

5. to say something happened though the fact hasn’t been proved yet.

6. all the evidence, facts, things, etc. that a solicitor can use to prove a man is not guilty.

a) witness b) cross-examine c) witness box d) evidence e) defence f) allege

 

TASK 5. Complete the following sentences with the words and phrases from the list below.

 

1. The number of young people who .......... crimes has risen sharply in recent years.

2. Another house was broken into last week. This is the third …….... in the area in the past month.

3. The judge …….... him to seven year’s ………. for armed robbery.

4. After twelve hours, the Jury finally reached its …….... : the prisoner was guilty.

5. Although the police suspected that he had been involved in the robbery, since they had no definite ………. there was nothing they could do about it.

6. He parked his car in the wrong place and had to pay a $20 parking ………. .

7. This is the fourth fire in the area recently. The police suspect ………. .

8. The shop decided to install closed-circuit television in an effort to combat the problem of ……….

9. He was ………. by police outside a pub in Soho and ………. with murder.

10. There are two criminal courts in Britain – the ……….for minor offences and the ……….for more serious ones.

11. A……….is a young person who breaks the law.

12. A……….is someone who sees a crime being committed.

13. The lawyer who prepares the case for his or her client prior to appearing in court is called a ……….. The lawyer who actually presents the case in court is called a………. .

14. The sum of money left with a court of law so that a prisoner may be set free until his or her trial comes up is called ………. .

15. The bank manager admitted taking $250,000 of the bank money during the previous five years. He was found guilty of ………..

16. If a person is ………., this means that he or she is put in prison before his or her trial comes up.

17. The witness held the Bible in her right hand and said: ”I swear by Almighty God that the ……….I shall give truth, the whole truth, and nothing but the truth”.

18. The formal statement made by a witness in court is called a ………..

19. Since it was his first offence, he was not sent to prison but put on ……….for 6 months.

20. At a trial, the barrister who speaks for the accused is called the Counsel for the ………., while the barrister who speaks against him is called the Counsel for the ………. .

 

arrested; solicitor; verdict; fine; juvenile delinquent; ball; prosecution; commit; shop-lifting; in custody; evidence; proof; charged; sentenced; Magistrates’ Court; probation; embezzlement; Crown Court; defence; barrister; witness; testimony; arson; burglary; imprisonment.

 

TASK 6. Complete the following sentences with the words from the list below.

Arrest

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 policemen 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 (g)………., and (h)……….him overnight. The next morning he appeared in (i)……….before the (j)……….. He took an (k)………. and (l)………. 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.

 

 

theft; evidence; sentence; court; pleaded; arrest; charge; magistrate; fingerprints; oath; detained; handcuffs; found; investigate; fine; witnesses; cell.

 

TASK 7. Complete the following sentences with the words from the list below.

 

Law and Punishment

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 and 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 but other countries have abolished the ………. .

detective; plain clothes; jury; warders; inquest; coroner; verdict; solicitor; trial; death penalty

 

TASK 8. Read the text and fill in the blanks with the words below.

Kinds of Cases

As a juror, you may sit on a criminal case, a civil case, or both.

Civil Cases . Civil cases are usually disputes between or among private citizens, corporations, governments, government agencies, and other organizations. Most often, the party bringing the suit is asking for money damages for some wrong that has been done. For example, a tenant may sue a landlord for failure to fix a leaky roof, or a landlord may sue a tenant for failure to pay rent. People who have been injured may sue a person or a company they feel is responsible for the injury.

The party bringing the suit is called the ...1...; the party being sued is called the ...2... There may be many ...3... or many...4... in the same case.

The plaintiff starts the lawsuit by filing a paper called a ...5..., in which the case against the defendant is stated. The next paper filed is usually the ...6... , in which the defendant disputes what the plaintiff has said in the complaint. The defendant may also feel that there has been a wrong committed by the plaintiff, in which case a ...7... will be filed along with the answer. It is up to the plaintiff to prove the case against the defendant. In each civil case the judge tells the jury the extent to which the plaintiff must prove the case. This is called the plaintiff’s ...8..., a burden that the plaintiff must meet in order to win. In most civil cases the plaintiff’s burden is to prove the case by a ...9... , that is, that the plaintiff’s version of what happened in the case is more probably true than not true.

Jury verdicts do not need to be unanimous in civil cases. Only ten jurors need to agree upon a verdict if there are 12 jurors: five must agree if there are six jurors.

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Preponderance of evidence; burden of proof; counterclaim; complaint; answer; defendant; plaintiff  

 

Criminal cases. A criminal case is brought by the state or by a city or county against a person or persons accused of having committed a crime. The state, city, or county is called the...1...; the accused person is called ...2... The charge against the defendant is called an...3... or ...4.... The defendant has pleaded not guilty and you should presume the defendant’s innocence throughout the entire trial unless the plaintiff proves the defendant guilty. The plaintiff’s burden of proof is greayer in a criminal case than in a civil case. In each criminal case you hear the judge will tell you all the elements of the crime that the plaintiff must prove; the plaintiff must prove each of these element...5... before the defendant can be found guilty.

In criminal cases the verdict must be unanimous, that is all jurors must agree that the defendant is guilty in order to overcome the presumption of innocence.

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Beyond reasonable doubt; complaint; information; plaintiff; presumption of innocence

 

TASK 9. Give English equivalents for the following words and expressions.

1) подать иск;

2) начать (возбудить) дело;

3) арендатор;

4) показания;

5) судебное разбирательство;

6) истец;

7) совершить преступление;

8) признать виновным;  

9) заслушать показания;

10) обвиняемый человек;

11) преобладание (превосходство) свидетельских показаний;

12) обвинен в преступлении;

13) заявить о невиновности;

14) уголовное дело;

15) гражданское дело

 

TASK 10. Read the following extracts from The Week 29 May 1999 and make a summary. Complete sentences below.

 

 An Englishman’s Right to Trial by Jury

 

Jack  Straw’s decision to limit the right of defendants to trial by jury is seen by many as a threat to one of our basic liberties. How fundamental has the role of the jury been in our legal system and why has the Government decided to tamper with it?