Law and order

 

  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 evidence are 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.

1. mortgage cases are under the jurisdiction of criminal courts;
2. actions founded upon contract may be regarded by both civil courts and criminal courts;
3. 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.