Task 21. 1) Read the text “Criminal Courts” quickly and try to understand what it is about and what information is already known to you.

Write down the law terms, known to you, in Ukrainian.

Write a list of international words, used in the text. Use your dictionary to check their exact meaning.

Find in the text the sentence about establishing a government department in the “Serious Fraud Office”.

Commentary and notes to the text:

1. criminal proceedings – кримінальне судочинство

2. the Crown Prosecution Service – Служба королівського переслідування

3. public prosecutors (procurators fiscal) – державні обвинувачі (судові виконавці)

4. a Director of Public Prosecutions – Директор публічних переслідувань

5. to issue cautions – винести попередження

6. the Serious Fraud Office – Міністерство з боротьби зі значним шахрайством

7. the Prosecution of Offences Act 1985 – Акт 1985 р. про обвинувачення правопорушників

8. to provide lawyers – приписувати юристам

9. to brief barristers to appear – доручати баристерам виступати

10. the Chief Crown Prosecutor – Головний королівський обвинувач

11. to avoid suggestions of local influence – уникати впливу (порад) місцевої влади

12. the Official Secret Act – Акт про офіційні секретні документи

13. discharging his duties … – виконуючи свої обов’язки …

14. the Higher Court of Justiciary – Вищий суд

15. the Crown Agent – Королівський представник

16. the Solicitor-General for Scotland – генеральний повірений у справах Шотландії

17. to try on indictment – судити по обвинувальному акту

18. summary offence – злочин, що переслідується в порядку сумарного провадження

 

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