The judicial branch of the united kingdom of Great btitain and Northern Ireland

THE JUDICIAL BRANCH OF THE UNITED KINGDOM OF GREAT BTITAIN AND NORTHERN IRELAND

Warming-up:

What do you know about the System of Courts in Great Britain? Would you like to work as a lawyer in the British Court System? Why?

Do you know what the highest court in the British Judicial System is? And where is it situated?

Vocabulary notes:

superior court	суд вищої (загальної) інстанції
to hear cases	слухати справи
county court	суд графства
The Court of Appeal	Апеляційний суд
The High Court	Високий суд
to convict	визнавати винним
indictment	акт обвинувачення
proceeding	судочинство
sentence	вирок суду
sitting	засідання суду
assize	виїзна сесія
inferior court	суд нижчої інстанції
The Crown Court	Суд Корони
summarily	без участі присяжних
indictable offence	злочин, що підлягає судовому переслідуванню
to be referred	бути переданим до розгляду
to assign	призначати
to be remitted	бути полегшеним
appropriate	відповідний
supervisory	наглядацький
circuit judge	суддя виїзної сесії
to be charged	бути звинуваченим / притягнутим до
statutory	уставний, дисциплінарний
stipendiary, salaried	оплачуваний
debt	борг
quarter session	квартальна сесія

JUDICIAL ORGANIZATION

Superior courts. The highest court is the House of Lords, which exercises the judicial function of Parliament. In theory appeal to the House of Lords is an appeal to the whole House but in practice, particularly since the Appellate Jurisdiction Act, 1876, created a group of salaried life peers, or ‘law lords’. Lay peers do not participate in judicial sittings of the House. Appeals are referred to an Appellate Committee of the House. By that Act appeal must be heard by at least three of the Lord Chancellor, the Lords of Appeal in Ordinary, and such peers as hold or have held high judicial office.

The Court of Appeal sits in both civil and criminal divisions. The Civil division hears appeals from the High Court, county courts and certain special courts, and certain tribunals, such as the Lands Tribunal. The Criminal division hears appeals by persons convicted on indictment in the Crown Courts.

The High Court in its civil jurisdiction is divided into three Divisions (Queen’s Bench, Chancery, and Family) to each of which certain kinds of cases are assigned. Divisional court consisting of two or more judges, have limited appellate jurisdiction in certain cases. The main civil jurisdiction is exercised by single judges hearing cases of the kind appropriate to the divisions to which the judges belong.

The criminal jurisdiction of the High Court is exercised exclusively by the Queen’s Bench Division. A divisional court of two or three judges of that Division deals with appeals from a Crown Court and magistrates’ court and also exercises the supervisory jurisdiction.

The Crown Court, created in 1972, replaces the former assizes and quarter sessions. It exercises criminal jurisdiction and sittings are held regularly at major towns throughout England and Wales. It comprises judges of the Queen’s Bench Division of the High Court, circuit judges and Recorders (part-time judges). They sit singly with juries trying persons charged on indictment with crimes. A judge of the Crown Court sits with two to four justices of the peace to hear appeals from magistrates’ court.

Inferior courts. County courts have exclusively civil jurisdiction, which is limited in extent and in area, and which is entirely statutory. The judges are persons who also hold office as Circuit judges of the Crown Court.

Magistrates’ courts consist of a stipendiary magistrate or of two to seven (usually two or three) lay justices of the peace; a single lay justice has a very limited jurisdiction.

Magistrates’ courts have civil jurisdiction in relation to certain debts, licences, and domestic proceedings. A magistrates’ court may try summarily many minor statutory offences, and also certain offences if the prosecutor applies for the case to be heard summarily, the court agrees it is a suitable mode of trial and the defendant does not elect jury trial. Cases may be appealed to the Crown Court or defendants remitted for sentence to the Crown Court.

Notes to the text:

Lord Chancellor is the chief judicial officer in the British Constitution. He (she) is a peer and Cabinet Minister, Speaker of the House of Lords, president of the Supreme Court and of the House of Lords sitting as a final court of appeal. He appoints magistrates. Recommends people for high judicial office.

Lord of Appeal in Ordinary. The title of a judge with a life peerage who exercises the judicial functions of the House of Lords.

Old Bailey is the popular name for the Central Criminal Court.

Task 1. Give the Ukrainian equivalents of the following word-expressions:

Superior courts, judicial function, to exercise, the House of Lords, sitting, to hold judicial office, to hear cases (appeals), county court, convicted on indictment, Crown Court, limited jurisdiction, deal with, throughout England and Wales, magistrates’ court, part-time judges, try person, inferior courts, indictable offence, statutory offence, sentence.

 

Task 2. Give the English equivalents of the following word-expressions:

Суд вищої інстанції, засуджувати (судити), суди графств, звинувачення, суд обмеженої юрисдикції, апеляційний суд, звинувачений (підзахисний), слухання по справі, вирок суду, обвинувальний акт, Карний суд, судочинство, засідання суду, палата Лордів, Високий Суд, магістратські суди.

 

Task 3. Choose the correct word in brackets and complete the sentence:

 

1. The House of Lords has (general / limited) appellate jurisdiction.

2. The civil division (hears/ exercises) appeals from the High Court.

3. The Crown Court was (created/ limited) in 1972.

4. The Crown Court (comprises/ deals with) judges of the Queen’s Bench Division.

5. The Crown Court (exercises/implements) criminal jurisdiction.

6. County courts have exclusively (civil/ criminal) jurisdiction.

7. Magistrates’ courts (consist of/ exercise) a stipendiary magistrate.

8. Magistrates’ courts have civil jurisdiction in relation to (debts, murders)

Task 4. Match the English and the Ukrainian equivalents:

the Court of Appeal to constitute a,,precedent” the final tribunal High Court court of general jurisdiction to preside over court county courts limited jurisdiction Crown Court temporary appointment to try cases stipendiary magistrates magistrates courts

обмежена юрисдикція Суд Корони найвищий (остаточний) суд суди графств головувати у суді Високий Суд тимчасове призначення розглядати справи створити,,прецедент’’ Апеляційний Суд суд загальної юрисдикції магістратські суди магістрати, які отримують платню

 

Task 5. Match the words and their definitions:

1. indictable offence 2. division   3. circuit judge   4. jurisdiction   5. indictment   6. salaried peer   7. justice of the peace 8. appeal   9. hold an office

a) a person who judges less serious cases in a local law court b) to be in post c) a person who receives a regular fixed payment d) an offence which could be tried by jury in the Crown Court e) the separate sections of the High Court and the Court of Appeal f) a judge who makes journey round a particular area to hear civil and criminal cases in the county court and Crown Court of a district of England and Wales g) to take a question to a higher court where it can be heard again h) a formal document of accusation which is read out in court the power of a court to hear and decide a case

 

Task 6. Complete the sentence using the following words and phrases:

summarily, hears, hold office, civil, exercises, sittings, magistrate, jurisdiction

1. The Criminal division… appeals by persons convicted on indictment in the Crown Courts.

2. The House of Lords… the judicial function of Parliament

3. The Crown Court exercises criminal jurisdiction and… are held regularly.

4. The House has almost entirely appellate… only, in civil and criminal cases from the Courts of Appeal in England and in Northern Ireland and in civil cases only from the Court of Session in Scotland.

5. Magistrates’ courts consist of a stipendiary…

6. County courts have exclusively … jurisdiction.

7. The judges are persons who also … as Circuit judges of the Crown Court.

8. A magistrates’ court may try… many minor statutory offences.

 

THE JURY IN BRITAIN

criminal offence; acquitted; challenge; civil cases; convicted; disqualified; liable for; ownership of property; randomly; right of appeal; evidence; judiciary; unanimous; undertake

Trial by jury is an ancient and important feature of English Justice. Although it has declined in _____ _____ (except for libel and fraud), it is the main element in criminal trials in the crown court. Jury membership was once linked to the _____ _____, which resulted in male and middle-class dominance. But now most categories of British residents are obliged to _____ jury service when summoned.

Before the start of criminal trial in the crown court, 12 jurors are chosen from a list of some 30 names _____ selected from local electoral registers. They listen to the _____ at the trial and give their verdict on the facts, having been isolated in a separate room for their deliberations. In England, Wales and Northern Ireland the _____ may be ‘guilty’ or ‘not guilty’, the latter resulting in acquittal. Until 1967 the verdict had to be _____. But now the judge will accept a majority verdict after the jury has deliberated for more than two hours provided that, in the normal jury of 12 people, there no more than two dissenters.

In Scotland the jury’s verdict may be ‘guilty’, ‘not guilty’ or ‘not proven’; the accused is _____ if either of the last two verdicts is given. As a general rule no one may be _____ without corroborated evidence from at least two sources.

If the jury acquits the defendant, the prosecution has no _____ and the defendant cannot be tried again for the same offence.

A jury is independent of the _____. Any attempt to interfere with a jury is a _____ _____. Potential jurors are put on a panel before the start of the trial. In England and Wales the prosecution and the defence may _____ individual jurors on the panel, giving reasons for doing so. In Scotland the prosecution of defence may challenge up to three jurors without reason. In Northern Ireland each defendant has the right to challenge up to 12 potential jurors without given a reason.

People between the ages of 18 and 70 (65 in Scotland) whose names appear on the electoral register, with certain exceptions, are _____ _____ jury service and their names are chosen at random. Ineligible people include, for example, judges and people who have within the previous ten years been members of the legal profession or the police, prison or probation services. People convicted of certain offences within the previous ten years cannot serve on a jury. Anyone who has received a prison sentence of five years or more is _____ for life.

 

Just for Fun Jury is a group of twelve men who, having lied to the judge about their hearing, health, and business engagements, have failed to fool him. Henry Lewis Mencken

Task 17. Read the following text and write down Ukrainian equivalents for the words and expressions in bold type:

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 of 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 plaintiff; the party being sued is called the defendant. There may be many plaintiffs or many defendants in the same case.

The plaintiff starts the lawsuit by filing a paper called a complaint, in which the case against the defendant is stated. The next paper filed is usually the answer, 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 counterclaim 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 burden of proof, 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 preponderance of evidence, 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 case. Only ten jurors need to agree upon a verdict if there are 12 jurors: five must agree if there are six jurors.

In Great Britain in civil cases, the person suing was, until 1999, known as the PLAINTIFF, but is not officially called the CLAIMANT, and the person sued is the DEFENDANT.

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 plaintiff; the accused person is called the defendant. The charge against the defendant is called an information or a complaint. 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 greater 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 elements beyond reasonable doubt 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.

 

Task 18. Find in the text above the English equivalents for the following words and expressions:

1. заява про звинувачення

2. елемент (складу) злочину

3. презумпція невинності

4. свідчення (2)

5. позивач

6. судовий розгляд (3)

7. приватні особи

8. грошова компенсація шкоди

9. одноголосне рішення присяжних

10. наявність біль вагомих доказів

11. письмове пояснення, заперечення відповідача по справі

12. відповідач

13. зустрічний позов

14. тягар доказів

15. відповідальність за шкоду

16. подати позов / порушити справу

17. заслухати свідчення

18. заявити про свою невинність

 

Task 19. Translate the following definitions into Ukrainian:

DEFENDANT – (crim.) person charged with a crime; (civ.) person or entity against whom a civil action is brought.

ACTION – proceeding taking in court synonymous to case, suit, lawsuit.

PREPONDERANCE OF EVIDENCE means that the weight of evidence presented by one side is more convincing to the trier of facts than the evidence presented by the opposing side.

PLAINTIFF – the party who begins an action, complains or sues.

COUNTERCLAIM – claim presented by a defendant in opposition to the claim of the plaintiff.

COMPLAINT – (crim.) formal written charge that a person has committed a criminal offence; (civ.) initial document filed by a plaintiff which starts the claim against the defendant.

 

Task 20. Match the following English expressions with their Ukrainian equivalents:

1) evidence for the plaintiff 2) judgement for the plaintiff   3) plaintiff’s claim 4) to appear for the plaintiff 5) to call the plaintiff 6) witness by the plaintiff

a) викликати позивача в суд b) виступати в суді як адвокат позивача c) докази на користь позивача d) позовна вимога e) свідок, виставлений позивачем f) судове рішення на користь позивача

CRIMINAL COURTS

In England and Wales the initial to begin criminal proceedings normally lies with the police. Once the police have brought a criminal charge, the papers are passed to the Crown Prosecution Service which decides whether the case should be accepted for prosecution in the courts or whether the proceedings should be discontinued. In Scotland public prosecutors (procurators fiscal) decide whether or not to bring proceedings. In Northern Ireland there is a Director of Public Prosecutions. In England and Wales (and exceptionally in Scotland) a private person may institute criminal proceedings. Police may issue cautions, and in Scotland the procurator fiscal may warn, instead of prosecuting.

In April 1988 the Serious Fraud Office, a government department was established to investigate and prosecute the most serious and complex cases of fraud in England, Wales and Northern Ireland.

England and Wales

The Crown Prosecution Service was established in England and Wales by the Prosecution of Offences Act 1985. The Director of Public Prosecutions is the head of the Service, which is responsible for the prosecution of criminal offences in magistrates’ courts and the Crown Court. The Service is divided into 31 areas with a locally based Chief Crown Prosecutor, heading each. He is appointed by the Director of Public Prosecutions. The Service provides lawyers to prosecute cases in the magistrates’ courts and briefs barristers to appear in the Crown Court. Although the decision to prosecute is generally delegated to the Chief Crown Prosecutor, some cases are dealt with by the headquarters of the Service; these include cases of national importance, exceptional difficulty or great public concern and those which require that suggestions of local influence be avoided. Such cases might include terrorist offences, breaches of the Official Secrets Act, large-scale conspiracies to import drugs and the prosecution of police officers.

Scotland

Discharging his duties through the Crown Office, the Lord Advocate is responsible for prosecutions in the High Court of Justiciary, sheriff courts and district courts. There is no general right of private prosecution; with a few minor exceptions crimes and offences may be prosecuted only by the Lord Advocate or his deputies or by the procurators fiscal, who are the Lord Advocate’s local officials. The permanent adviser to the Lord Advocate on prosecution matters is the Crown Agent, who is head of the procurator fiscal service and is assisted in the Crown Office by a staff of legally qualified civil servants, all of whom have had experience as deputy procurators fiscal. Prosecutions in the High Court are prepared by procurators fiscal and Crown Office official and prosecuted by the Lord Advocate, the Solicitor-General for Scotland (the Lord Advocate’s ministerial deputy) and advocates deputy who are collectively known as Crown Counsel. Crimes prepared and tried before the sheriff and district courts, procurators fiscal prosecute them. The police and other law enforcement agencies investigate crimes and offences and report to the procurator fiscal, who decides whether or not to prosecute, subject to the directions of the Crown Counsel.

Under the Criminal Justice (Scotland) Act 1087 a procurator fiscal may make a conditional offer of fixed penalty to an alleged offender in respect of certain minor offences as an alternative to prosecution: the offender is not obliged to accept an offer but if he or she does so the prosecution loses the tight to prosecute.

 

Northern Ireland

The Director of Public Prosecutions for Northern Ireland, who is responsible to the Attorney General, prosecutes all offences tried on indictment, and may do so in summary cases of a serious nature. Other summary offences are prosecuted by the police.

 

Task 22. Answer the questions on the text “Criminal Courts”:

1. Who is responsible for beginning criminal proceeding in England and Wales?

2. Where do the police pass the papers after they have brought a criminal charge?

3. Who decides whether or not too bring proceedings in Scotland?

4. May a private person institute criminal proceedings?

5. Is it interesting to know if police may issue cautions in England and Wales?

6. When and what for was the Serious Fraud Office established?

7. What is known to you about the Prosecution of Offences Act 1985?

8. What are the duties of the Director of Public Prosecutions?

9. What do you know about the structure of the Crown Prosecution Service?

10. What does the Service provide lawyers to do?

11. What cases do the headquarters of the Service deal with?

12. Which offences are included into the category of national importance?

13. What can you say about the duties of the Lord Advocate in Scotland?

14. What are the functions of the Crown Agent in Scotland?

15. Who prepares prosecutions in the High Court?

16. How are the cases prepared in Scotland before the sheriff and district courts?

17. What do you know about the Criminal Justice (Scotland) Act 1987?

18. How are Public Prosecutions exercised in Northern Ireland?

 

Task 23. Pick out from the text “Criminal Courts” all the word combinations with the following words (terms) and give their Ukrainian equivalents:

– proceeding – criminal – prosecution; to prosecute – procurator – charge – offence

– court – service – case – local – responsible – advocate

 

Task 24. Read and memorise the active vocabulary to the text “Criminal Courts”:

1. prosecution n to appear for the prosecution 2. procurator fiscal(in Scotland) 3. institute v to institute legal proceedings against sb. 4. warn v 5. brief v 6. barrister n (in English law) 7. avoid v 8. breach n breach of justice breach of prison breach of privilege breach of the peace a breach of loyalty, trust, protocol to breach 9. conspiracy n (to sth./to do sth.)   to conspire   10. discharge v 11. adviser n (also esp US – advisor) (to sb.) (on sth.) advice 12. penalty n 13. alleged adj to allege

1) судове переслідування; 2) пред’явлення позову; 3) обвинувачення виступати від імені позивача чи бути свідком обвинувачення судообвинувач, судовиконувач починати, встановлювати     попереджати, застерігати доручати (адвокату) ведення справи у суді адвокат, баристер 1) уникати, вступатися; 2) ухилятися; 3) скасовувати, анулювати порушення (закону, зобов’язань) несправедливість втеча з в’язниці порушення прав парламента порушення громадського порядку     порушувати 1) конспірація; 2) змова, таємний зговір; 3) таємна підпільна організація влаштовувати змову, таємно задумувати, змовлятися 1) тут виконувати (обов’язки); 2) звільняти (ув’язненого); 3) звільняти, давати розрахунок; 4) реабілітувати, поновлювати у правах радник   порада покарання, стягнення, штраф підозрюваний 1) посилатися на виправдання, на доказ; 2)стверджувати (без підстав)

Task 25. Translate the given sentences:

1. Failure to pay your taxes will make you liable to prosecution.

2. There have been several successful prosecutions for drug smuggling recently.

3. Mr Smith acted as counsel for the prosecution. The prosecution based their case on the evidence of two witnesses.

4. Procurator fiscal is public official whose job is to decide whether he or she suspected of crime should be prosecuted.

5. Police have instituted inquiries into the matter.

6. They warned her that if she did it again she would be sent to prison.

7. I had been warned what to expect.

8. The company has briefed a top lawyer to defend it.

9. Barrister is a lawyer who has the right to speak and argue as an advocate in higher lawcourts.

10. I think he is avoiding me.

11. Try to avoid accidents.

12. There was a breach of confidence.

13. There was a breach of diplomatic relations between two countries.

14. He was accused of conspiracy to murder.

15. There was a conspiracy to overthrow the Government.

16. One couldn’t breach a conspiracy of silence.

17. They conspired with others against the leader.

18. She undertook to discharge all the responsibilities of a Minister.

19. The accused man was found not guilty and discharged.

20. The members of the jury were discharged.

21. He is a discharged bankrupt.

22. He serves as special adviser to the President.

23. The maximum penalty for this crime is 10 years’ imprisonment.

24. He was an alleged culprit.

25. The prisoner alleges that he was at home on the night of the crime.

26. He alleged illness as the reason for his absence.

 

Task 26. Make the following sentences complete by translating the words and phrases in brackets:

1. In the 1980s and in the 1990s the (центральний уряд) increased its expenditures on the London police and courts as well as its grants towards the cost of local police forces.

2. The size of police forces (був збільшений) and the play of the police and courts was increased more generously than that of many other workers in the public sector.

3. But all this expenditure to promote “law and order” has not stopped the (ріст злочинності)

Task 27. (A) Form adjectives of the following verbs:

V + ed → Adj Remember:y → ie

to qualify, to allege, to oblige, to discharge, to specify, to satisfy

 

(B) Form nouns of the following verbs:

Refer to a dictionary to see the change of consonants V + sion

V + sion → N

to decide, to divide, to provide, to include

V + ion → N

to suggest, to except

V + ment → N

to require, to indict, to enforce, to treat

 

(C) Use the prefix dis- to form verbs derivatives with the negative meaning or indicating reversal:

to continue, to charge, to encourage, to appear, to agree, to satisfy, to qualify, to trust, to connect, to organise

 

Criminal Courts

There are two main kinds of courts, and two kinds of judicial officers to correspond with them. Courts of first instance are presided over by magistrates, who are normally Justices of the Peace (JPs); higher courts (“crown” courts) by judges, or in some cases, senior barristers specially appointed to perform judicial functions for part of their time.

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 or twelve months’ imprisonment, though for some specified offences the law prescribe maximum penalties below these limits. With 98 per cent 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. A person accused before a magistrates’ court may demand to be sent for trial before a crown court in some of the more serious cases with which in general the magistrates could have dealt themselves.

A magistrates’ court normally consists of three Justices of the Peace (occasionally, two or four or more). 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. Once appointed, they are expected to attend courses of instruction about their work. There are 28,000 JPs in England; each of them works in the court on about 30-40 days a year.

 

Task 29. Choose the answer, which you think, is correct:

1. The initial decision to begin criminal proceeding normally lies with the police in England and Wales.

a) no, it is not so; it is necessary to have a permission of local authorities;

b) the initial decision to begin criminal proceedings normally depends on the criminal court;

c) yes, it is true; it is normally a duty of the police service.

2. On bringing a criminal charge by the police the paters are passed to the Crown Prosecution Service.

a) no, the papers are to be sent to the Magistrate;

b) yes, it is true, the papers are passed to the Crown Prosecution Service where a decision is made;

c) the police cannot bring a criminal charge.

3. The Crown Prosecution Service decides whether the case should be accepted for prosecution in the courts or whether the proceedings should be discontinued.

a) the Crown Prosecution Service normally does not deal with it;

b) the Crown Prosecution Service considers the case jointly with the Magistrate;

c) it is true.

4. Public prosecutors decide whether to bring proceedings or not in Scotland.

a) no, in Scotland it is a function of the police service.

b) yes, it is true, in Scotland it is a direct function of procurators fiscal;

c) it is a joint function of the police and procurators fiscal.

5. A private person may institute criminal proceedings in England, Wales and Scotland.

a) yes, it is true, there are not any obstacles;

b) a private person may institute proceedings only with the approval of the police service;

c) a private person cannot begin criminal proceedings independently.

6. The Serious Fraud Office, a government department, was established in 1988.

a) this department was established long ago; it has been functioning since 1951;

b) this department does not exist in England;

c) yes, such a department was established in April 1988 to investigate and prosecute the most serious and complex cases of fraud in England, Wales and Northern Ireland.

7. In 1985 the Crown Prosecution Service was established in England and Wales.

a) this service has been in existence in England and Wales since 1930;

b) yes, it is true, it was established by the Prosecution of Offences Act 1985;

c) this service was established only in England in 1980.

8. Each area in England and Wales is headed by a locally based Chief Crown Prosecutor.

a) no it is not so. Chief Crown Prosecutor is responsible for the work of three areas at the minimum;

b) yes, it is true. The Director of Public Prosecutions appoints Chief Crown prosecutor in every area out of 31 areas;

c) it is not quite so, as two or three Chief Crown Prosecutors are appointed in every area.

9. The cases of national importance, exceptional difficulty or great public concern are delegated to the Chief Crown Prosecutors or to the headquarters of the Service.

a) no, it is not always like that; normally in the magistrates’ courts lawyers are provided to prosecute cases and barristers are supposed to appear in Crown Court no matter how important the case is;

b) lawyers and barristers act as prosecutors considering the suggestions of local influence;

c) yes, it is true; they include cases of national importance, exceptional difficulty and might include terrorist offences, breaches of the Official Secrets Act, large-scale conspiracies to import drugs and the prosecution of police officers.

10. The Lord Advocate is responsible for prosecution in the High Court of Justiciary, sheriff courts and district courts in Scotland.

a) no, it is not quite so, as the Lord Advocate should get sanctions either from the local authorities or from Head of the Police Service;

b) yes, it is true, in this way the Lord Advocate discharges his duties through the Crown Office;

c) in Scotland there are not the Lord Advocate’s functions.

11. The permanent adviser to the Lord Advocate on prosecution matters is the Crown Agent who is head of the procurator fiscal service.

a) yes, it is true, in addition, the Crown Agent is assisted in the Crown Office by a staff of legally qualified civil officers;

b) yes, it is true, the Crown Agent is head of the procurator fiscal service and he is assisted by a staff of police officers;

c) the permanent adviser to the Lord Advocate is not head of the procurator fiscal service.

12. Under the Criminal Justice (Scotland) Act 1987 a procurator fiscal may make a conditional offer of fixed penalty to an alleged offender.

a) it is not true, this matter is only under consideration;

b) yes, it is true, but it is so only in respect of certain minor offences as an alternative to prosecution;

c) yes, this Act was adopted in 1987 but with the growth of crime it was abolished in 1993.

 

Task 30. Read the text, render it in English:

Role play

SUPLEMENTARY READING

Appointment and Tenure

The act of settlement 1700 laid down the statutory foundation for the appointment of judges. Judges held office quamdiu se bene gesserint (if they were of good behaviour). This gave judges security of tenure, and they could be removed only upon address of both House of Parliament. However, no English judge has been removed under this procedure. This security of tenure available to the superior judge is not enjoyed by circuit judges of recorders; they can be removed by the Lord Chancellor for misbehaviour or incapacity. From April 1995, posts for circuit judges and district judges must be advertised, applicants being selected by a panel. This move was intended to combat some of the criticisms in respect of the appointment of judges.

 

Judicial Offices

The Lord High Chancellor ↓ Lord Chief Justice ↓ Master of the Rolls ↓ Vice Chancellor ↓ Lords of Appeal in Ordinary ↓ High Court judges ↓ Circuit judges ↓ District judges

Training of Judges

Judges receive very little training, although some seminar training is given to assistant recorders. Training of judges was considered, by the Runciman Committee which made recommendations in this area.

 

Magistrates

Lay justices. Lay justices sit in magistrates’ courts, are part-time and are unpaid, receiving only expenses. They try the majority of minor criminal offences; approximately 98% of all criminal offences are processed through the magistrates’ court. Lay justices are vital to the legal system as they provide a cheap and quick system of justice. They are appointed by the Lord Chancellor from individuals put forward by local organisations. They must be over 21, not be over 60, and, usually, must live or work in the particular area.

Unlike superior judges, magistrates are not subject to the doctrine of judicial independence; many are local councilors. Though a balance is attempted to ensure that certain groups in the population are represented, many groups are in fact excluded. Magistrates are predominantly white, middle-class males and this imbalance causes concern. There are not enough women magistrates: research by Baldwin (1976) showed this tendency to be prevalent and the feeling is that magistrates are not a true representation of the community.

Stipendiary magistrates. The term “magistrate” incorporates the professional stipendiary magistrate, as well as the lay justice of the peace. Stipendiary magistrates are paid, usually barristers or solicitors. They preside over busy magistrates’ courts where the use of lay justices would be impracticable; they can preside on their own.

The justices’ clerk. Lay magistrates can only sit if they have a qualified clerk to assist them. He advises the justices as to the law and practice; however, he is not allowed to interfere with their decision. The clerk is salaried, usually a barrister or solicitor.

 

Judicial Reasoning

Case law and judicial precedent. A prominent element of common law is the principle of stare decisis. It is common to speak today of law being “judge-made”. When deciding a case, judges must look to previous case law decided in similar case. Judges are bound to decide cases using existing legal principles. The doctrine of judicial precedent depends on the hierarchy of the courts for its operation; courts are bound to follow decisions of higher courts, and, usually, previous decisions of its own.

Hierarchy of English courts. The House of Lords. Since 1966, the House is no longer bound by its own decisions. All decisions of the House of Lords are binding on all other courts.

Court	Courts bound by it	Courts it must follow
European Court	All courts	None
House of Lords	All English courts	European Court
Court of Appeal	Divisional courts High Court Crown Courts County courts Magistrates’ courts	European Court House of Lords
Divisional courts	High Court Crown Courts County courts Magistrates’ courts	European Court House of Lords Court of Appeal
High Court	County courts Magistrates’ courts	European Court House of Lords Court of Appeal Divisional courts
Crown Courts County courts Magistrates’ courts	None	European Court House of Lords Court of Appeal Divisional courts High Court

Statutory Interpretation

It is not an easy task to interpret Acts of Parliament. Problems of construction arise when judges have to use their traditional skills to resolve them. There is no Act of Parliament to guide judges in the interpretation of other Acts, although the Interpretation Act 1978 gives some assistance. Judges can refer to the European Commission’s explanations when dealing with issues of EC law. As more laws become statute-based, interpretation of these statutes is a key role of a judge.

Since the decision in Pepper v Hart (1993) a judge can refer to Hansard to aid him in interpretation of a statute. However, the rule has its limitation: it can only be used if the statute is ambiguous, or if the use of the literal meaning would lead to an absurdity.

Rules of statutory construction. When statutory words are ambiguous, judges can use rules of construction to aid them in determining what it was Parliament had intended.

 

 

 

 

THE JUDICIAL BRANCH OF THE UNITED KINGDOM OF GREAT BTITAIN AND NORTHERN IRELAND

Warming-up: