II. Complete the following sentences by translating the words and expressions in brackets.

1. All criminal cases start in the (Магістратському суді).
2. More serious criminal cases then go to (Королівський суд).
3. Civil cases are dealt with in (судах графств).
4. Appeals are heard by (апеляційними судами).
5. The highest court of appeal in England and Wales is (Палата Лордів).
6. The legal system also includes (суди у справах неповнолітніх) which deal with offenders under seventeen.

Ш. Answer the following questions.

1. What is the difference between a Bill and an Act of Parliament?
2. What stages should a Bill complete to become an Act?
3. Which of the two Houses of Parliament has more power?
4. When does a Bill become an Act of Parliament?
5. What offences does the Magistrates’ Court deal with?
6. What charges do Juvenile Courts try?
7. What do civil proceedings consist of?
8. Where is the High Court of Justice situated?

.

IV. Be ready to speak on the topic.

Prosecution

The prosecution of offenders in England and Wales is the responsibility of the Crown Prosecution Service. It was set up in 1986 to prosecute criminal cases resulting from police investigations. The Head of CPS is the Director of Public Prosecutions (DPP). The CPS handles about 1,4 million cases every year and employ about 6, 000 staff. Over 2,000 of these staff are barristers or solicitors.

After the Police have investigated a crime and passed the paper to the CPS, one of the lawyers – called A Crown Prosecutor – carefully reviews the papers to decide whether or not to go ahead with the case. The prosecutor’s decision is based on the two tests set out in the Code for Crown Prosecutors.

The code is a booklet which sets out general principles which prosecutors must apply when they decide whether to continue a case.

The two tests set out in the Code are as follows: Is there enough evidence? Is it “in the public interest” for us to prosecute?

A case has to pass both these tests before the CPS can start or continue a prosecution. To examine a case, the prosecutor reviews it to see if there is enough evidence to provide a “realistic prospect of conviction”. If there is not, and the police say there is no more evidence or none will become available in the nearest future the case will be stopped there. However, the police can be asked to look at the case again, if more evidence becomes available at a late date.

If the prosecutor thinks that there is enough evidence to start or continue a prosecution, he or she then consider whether a prosecution is needed “in the public interest”. This means that the prosecutor must think carefully about all the factors for and against a prosecution, and assess in each case whether a prosecution should go ahead. Some of the public interest factors which are taken into account are set out in the Code for Crown Prosecutors. Foe example, the prosecution is likely to be needed if weapon was used or violence was threatened during an offence; the motive for the offence was any form of discrimination; or the offence was committed against a person serving the public such as a police officer. Crown Prosecutors must always think very carefully about the interest of the victim of the crime. This is an important factor when prosecutors decide where the public interest lies.

If the prosecutor thinks that there is enough evidence, and that a prosecution is needed in the public interest. The case is then presents in the magistrates’ court. The CPS lawyer must present the facts to the court fairly.

Criminal cases are divided into the following three types of offence.

1. “Summary only” offences (such as minor motoring offences and disorderly behaviour) are less serious, and can only be heard in the magistrates’ court.

2. “Either way” offences are more serious and can be heard in either the magistrates’ court and before a judge and jury in the Crown Court. (These include all cases of theft and some categories of assault)

3. “Indictable only” offences (such as murder or rape) are the most serious, and must always be heard in the Crown Court which has more sentencing powers.

If a defendant is found not guilty, he or she cannot be prosecuted for the same offence. This applies to all types of case.

Every criminal case begins in the magistrates’ court. But, when cases go on to the Crown Court, the CPS instructs a barrister, or a specially-qualifies solicitor so that he or she can present the prosecution for the CPS.

The powers of the police and the procedures which must be followed by them are laid down in Codes of Practice under the Police and Criminal Evidence Act, 1984. These codes cover the powers to stop and search persons of vehicles; the searching of premises and seizure of property; detention, treatment and questioning by police; identification of suspects; and tape recording of interviews with suspects.

I. Read the following sentences and decide if they are true or false:

1. The Police investigate crimes and have responsibility to prosecute.
2. The investigation stage is separated from the prosecution stage.
3. The Police decide whether to continue a case and bring it to court.
4. If the prosecutor thinks that there is enough evidence he sends the suspects to trial.
5. The prosecution will go ahead if a weapon was used.
6. If the offence was committed against a person serving the public the prosecutor doesn’t rtake it into account.
7. Magistrates try a person accused of murder
8. “Summary only” offences are tired by magistrates.
9. Every criminal case begins in the magistrates’ court.
10. The power of police include prosecuting and sentencing.

II. Find words and expressions in the text which mean:

1. lawyer who has the right to speak and argue as an advocate in higher law courts.
2. anything that gives reason for believing smth, that makes clear or proves smth.
3. violent and sudden attack.
4. lawyer who prepares legal documents, e.g. wills, sale of land or buildings, advises clients on legal matters and speaks on their behalf in lower courts.
5. taking possession of property, etc. by law;
6. unlawful killing of a human being on purpose.
7. commit the crime of forcing sexual intercourse on (a woman or a girl).

III. Answer the following questions:

1. What is the responsibility of the Crown Prosecution Service?
2. Who makes the decision whether to continue a case and bring it to court?
3. What are the two tests set in the Code for Crown Prosecutors?
4. What factors are taken into account for a prosecution?
5. When is the case presented in the magistrates’ court?
6. What “summary only” offences do you know?
7. Where may “either way” offences be tired?
8. What are the most serious offences?
9. Where so all criminal cases start?
10. Does the Crown Court have more sentencing powers than the magistrates’ court?