Unit 6. System of Prosecution
System of Prosecution in Great Britian The
Crown Prosecution Service (CPS).
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 the CPS is the Director of Public Prosecutions (DPP). The CPS handles about 1,4 million cases every year and
employs about 6,000 staff. Over 2,000 of these staff are barristers or solicitors. The
staff are located in 98 offices throughout England and Wales.
Before
1986 the police investigated crimes, charged suspects and then took cases to court, sometimes using
their own or a local lawyer. This changed under the Prosecution of Offenders
Act 1985 which created the CPS and separated the investigation stage from the
prosecution stage. Now the CPS makes the decision whether to continue a case
and bring to court.
The
Prosecution Process. After
the Police have investigated a crime and passed the papers 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 the 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 will 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.
For example, a prosecution
is likely to be needed if:
-
a weapon was used or violence
was threatened during an offence;
-
the
motive for the offence was any form of discrimination;
- 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.
Presenting
cases in Court. If
the prosecutor thinks that there is enough evidence and that a prosecution is
needed in the public interest, the case is then presented 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.
-
"Summary
only" offences (such as minor motoring offences and disorderly behaviour)
are less serious and can only be heard in the magistrates' court.
-
"Either
way" offences are more serious and can be heard in either the magistrates'
court or before a judge and jury in the Crown Court. These include all cases of
theft and some categories of assault. Usually
the magistrates decide whether the case should be heard in the Crown Court. But
sometimes when the magistrates say they will hear a case, the defendant can
choose to be dealt with in the Crown Court.
-
"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-qualified solicitor
so that he or she can present the prosecution for the CPS.
The
powers of 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 or 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.
Word
list
the
Crown Prosecution Service — Королівська служба судового розгляду
to handle — мати
справу
a barrister — адвокат
a
solicitor — юрист (який дає поради клієнтам і готує справи для
адвоката,
але має право виступати тільки в судах нижчої інстанції)
suspect — підозрюваний
Crown Prosecutor — Королівський
прокурор
evidence — доказ,
показання свідка
available — що
є в розпорядженні
to assess — оцінювати
to take into account — брати
до уваги
weapon —
зброя
violence — насильство
to threaten — погрожувати,
загрожувати
premise — приміщення,
будинок
seizure — конфіскація
detention — затримка,
затримання, тримання під арештом
identification — упізнання,
пізнання
neither way* offences — менш
тяжкі злочини
assault — напад,
погроза фізичною силою
murder —
убивство
rape —
згвалтування
guilty —
винний
Exercise
1
Fill in the blanks.
1. The Crown Prosecution Service carries
responsibility for ... of
offenders.
2. The CPS ... about 1.4 million cases every
year.
3. There are 2.000 ... and ... employed by the
CPS.
4. The Police investigates a ... and passes the
papers to the ... .
5. A Crown ... decides whether or not to go
ahead with the case.
6. If there is not enough the case will be stopped there.
7.
Some
of the public interest factors are ... when deciding to prosecute.
8. Crown Prosecutors think very carefully about
the interests of the ... of the crime.
9. "Summary only" offences include
minor motoring ... and disorderly ... .
10. "Either way" offences include all cases of ... and some
categories
of ... .
11. "Either way" offences may be tried
in either the ... or in the Crown Court.
12. "Indictable only" offences must
always be heard in the ... .
13. All ... cases start in the magistrates'
courts.
14. The powers of police cover: the searching of
... and ... of property; identification of ... detention, treatment and
questioning.
Exercise
2
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 suspect 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 take it into account.
7. Crown Prosecutors must always think carefully
about the interest of the suspects.
8.
Magistrates
try a person accused of murder.
9. The most serious crimes such as murder and
armed robbery are called "summary only" offences.
10. "Summary only" offences are tried
by magistrates.
11. "Indictable only" offences must
always be heard in the Crown Court.
12. "Either way" offences include minor
motoring offences and disorderly behaviour.
13. Every criminal case begins in the
magistrates' court.
14. The powers of police include prosecuting and
sentencing.
Exercise
3
Find words and expressions in the text which
mean:
1. The 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. The 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 girl).
Exercise
4
Ask questions to get the following answers.
1. The Crown Prosecution Service is
an organisation independent
and separate from the police.
2. The Head of the CPS is the Director of Public
Prosecutions.
3. The CPS employs nearly 2.000 lawyers and
barristers.
4. The process of criminal justice begins when
the police arrest a suspect.
5. A person arrested by a police officer is
taken to a police station.
6. The prosecution will go ahead if the motive
for the offence is any form of discrimination.
7. Crown Prosecutors must always think very
carefully about the interest of the victim of the crime.
8. The
case is presented in the magistrates' court if there is enough
evidence.
9. Criminal
cases are divided into the following three types of offences:
"summary only", "either way" and "indictable
only" offences.
10. If a defendant is found not guilty, he or
she cannot be prosecuted for the same offence.
Exercise
5
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 out 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
tried?
8. What are the most serious offences?
9. Where do all criminal cases start?
10.
Does the Crown Court have more sentencing powers than the magistrates court?
Exercise
6
Give Ukrainian equivalents for the following
words and translate the definitions into Ukrainian.
Robber
— a person who steals smth from a person or place, esp. by violence or threat:
The robber stole Ј2,000 from a local bank by threatening people with a gun..
Thief
— a person who steals things secretly, usually without violence. When violence
is used, esp. out of doors, the word robber is preferred: Thieves stole Ј1,000
from the post office last night.
Pick-pocket
— a person who steals smth out of your pocket in a crowded street: The pick
pocket took her purse in a crowded train.
Burglar
— a person who enters a building during the hours of darkness in order to
steal.
A
person who enters a building in daylight to steal is a thief or if he breaks
into a building by using force, a house — breaker: The burglars escaped through
the window.
Shop-lifter
— a person who steals from the shops: The security officer has been assaulted
by shop lifters three times.
Bigamist — a person who marries illegally,
being married already.
Deserter — a soldier who runs away from the
army.
Traitor — a person who betrays his or her
country to another state.
Forger — a person who makes false money or
signatures.
Hijacker
— a person who takes control of a plane by force and makes the pilot change
course.
Smuggler
— someone who brings goods into a country illegally without paying a tax.
Spy — a person who gets secret information
from another country.
Kidnapper
— someone who takes away people by force and demands money for their return.
Drug
dealer — a person who buys and sells drugs illegally.
Terrorist — someone who uses violence for political
reasons. Arsonist — a person who sets fire to property illegally.
Accomplice — a person who helps a criminal in a criminal
act. Stowaway — hides on aship or plane to get afree journey.
Murderer — kills someone. Gangster — a member of a criminal group.
Exercise
7
Complete
the following text by translating the words and expressions in brackets.
The
police were investigating a series of (крадіжки)
in the Westhampton area. A
man and a woman were (під
підозрою) of
the crimes, but there was not enough (доказ)
to (арештувати) them. Then one night during a burglary the (потерпілі) woke up while the (злочинці)
were still in the house.
They found the (грабіжників)
in the sitting-room
stealing the TV and video. The burglars escaped through the window leaving
behind a black bag containing all their equipment-covered in (відбитки пальців)! The next day Samuel and Felicity Jones were (заарештовані) by Westhampton police and were charged with
the (злочин) of burglary with intent. The Jones were (засуджені) to two years' (тюремного
ув'язнення).
Exercise
8
Match the words from the box with the definitions below.
a. drug smuggling
b. hijacking
c. pickpocketing
d. assault
e. armed robbery
f. shop-lifting
g. kidnapping
h. mugging
i. murder
j. drunken driving
k.
fraud l arson m. theft
n.
parking offence
1. They sold paintings that they knew weren't
genuine masterpieces.
2.
They
illegally carried drugs into another country.
3.
They
held a pistol at the pilot's head and he had to do what they said.
4.
They
set fire to the shop.
5.
They
took some things off the shelves and left the shop without paying for them.
6.
They
took away the rich man's son and asked him a lot of money.
7.
They
hit the man on the head as he was walking along the street and stole all his
money and credit cards.
8.
They
took her purse out of her handbag in the crowded bus.
9.
They
murdered a man during a robbery.
10. They drove a car under the influence of
drink.
11. They stole Ј1,000 from a bank by threatening
someone with a gun.
12. They hurt a boy in a fight in a disco-club.
13. They parked a car in a no-parking zone.
Exercise
9
Read the two case histories below and decide
which offences Jack and Annete have committed.
Jack
Thafcher. Like
his father, Jack Thatcher is a jailbird — at the age of 40 he has spent most of
his life in prison for various offences of violence and theft. Jack comes from
a broken home and has had no real education and has never had a job. The only
way he knows how to make money is by stealing it. When he came out of prison
last week, he decided to rob a village post office. During the robbery the
postmaster tried to ring the alarm, so Jack hit him on the head with his gun.
At that moment a customer came into the post-office. She screamed. In panic
Jack shouted at her to keep quiet. When she continued to scream, he shot her.
Jack thought quickly. He took a box of matches from his pocket and set fire to
the building, then escaped with the money.
Annette
Forbes. Annette
Forbes is head of the marketing division of the computer company. She went to
university. Now Annette has a good job and enjoys a happy family life. She has
always been a "law-abiding citizen". One day she arrived a little
late for work and had to park her car in a no-parking zone. She took a client
out for a business lunch and drank a gin and tonic, half a bottle of wine and a
liqueur to celebrate an important new contract. When driving back to work, she
was stopped by a policeman, who tested her breath for alcohol. He told her she
had drunk too much and would be disqualified from driving for a year. Annette
(who needs her car for her job) suggested he might "forget" about the
offence in return for a new home computer. That afternoon Annette remembered
that she had no more writing-paper at home. As usual she took a new packet of
paper from the office and a box of six pencils.
• If they are charged and convicted of all
their offences, what sentences do you think Jack and Annette will receive?
• In your opinion, what is the most suitable
punishment for Jack and Annette?
• Do you think they will commit other offences
in future? Exercise
10
a) The
following events are all connected with the criminal process.
Check that you understand their meaning using the glossary to help you.
Note that some of the phrases may have the same meaning as each other!
1. You are charged with an offence.
2. You are sentenced to punishment for an
offence.
3. You are suspected of an offence.
4. You are tried for an offence.
5. You are accused of an offence.
6. You are convicted of an offence.
7. You plead guilty or not guilty to an offence.
8. You are arrested for an offence.
b) Can
you put the different events in the order in which they happen
in Ukraine? Do you think the events happen in the same order in
England? Check your ideas in the key.
Exercise
11
At what stage or stages of the criminal
process is the person involved called:
1) the defendant
2) the offender
3) the suspect
4) the convict
5) the criminal
6) the accused
Choose from the box below:
a)
at
any time after conviction
b)
before
being arrested and charged
c)
as
a general term at any time after committing a crime; as a law term after
conviction
d)
after
being charged and during the trial
e)
after
conviction and especially during the period of punishment
f)
after
being charged with an offence and especially during the trial
Exercise 12
Read the text and translate into Ukrainian.
THE
SHOPLIFTER
Mark Diamond was a thief. He had been to
prison several times. Last time he was sentenced to ten months in prison for
shoplifting when he tried to steal a silver necklace for his girlfriend Jane.
On
the day he left prison, first he had a good meal in a cafe, then went to the
cinema. He enjoyed being free again. He took a long walk in town looking at the
windows. He had a few dollars and wanted to buy a present for his girlfriend
Jane. He saw a pretty silk dress in one window, but he didn't like colour, he
saw a green cotton blouse in another shop window, but he didn't like the cut of
the blouse.
He
looked at a fur coat in another shop, but it was too expensive. Then he saw a
nice leather bag and first he thought that Jane would also like it. He was just
going to buy it, but he changed his mind and thought it would make a poor
present.
Then
he went into a jeweller's shop. There he saw a nice gold bracelet on the
counter. He always wanted a present like that. He had a quick look around and
saw nobody was watching him. The assistant was showing a diamond engagement
ring to a customer. The next minute the gold bracelet was in Mark's pocket and
he started for the door.
At
that moment he felt a hand on his shoulder. "Young man" said the
owner of the shop, — "I saw you steal a bracelet. I'll have
to call the police". Mark went pale. "Oh, no. Don't do that. I'll pay
for the bracelet. Yes, I'll pay for it".
The
owner of the shop took a look at the gold bracelet and said: "All right.
It'll be £600".
"Well",
said Mark, "Couldn't you show me anything cheaper? I really don't want to
spend so much".
Exercise
13
Choose the best answer.
1. Mark Diamond was
a) an honest man
b) a crook (ошуканець, шахрай)
c) a hard-working man
2. He had spent a few months in prison because
a) he had wanted to buy a present for his
girlfriend
b) he had been caught shoplifting
c) he had no money to buy a
silver necklace
3. When he left prison
a) he felt very happy
b) he decided to steal again
c) he forgot about his girlfriend
4. At a jeweller's
a) he was shown a diamond ring
b) he saw a nice ring
c) he saw a gold bracelet on the counter
5. Nobody was looking at him, so
a) he left the shop
b) he decided to steal a bracelet
c) he asked the assistant to show him a bracelet
6. As Joe was afraid of being arrested
a) he ran out of the shop
b) he offered to pay the price of the bracelet
c) he asked the jeweller to take a look at the
bracelet
7. When Joe heard how much the bracelet cost
a) he asked for some less expensive
b) he went pale
c) he promised to pay Ј600.
Exercise
14
Translate this text into
Ukrainian. Write a list of measures that a store-owner should take to prevent
shoplifting.
SHOPLIFTING
In many of Britain's larger
stores customers are intended to serve themselves. The open shelves and
attractive goods mean that people sometimes try to shoplift. This is a major
problem. To stop this many shops have security cameras, electronic stock
control and store detectives.
In some shops there may be
notices like this: shoplifters will be prosecuted.
And people who shoplift and
are caught are usually taken to court. When the person is a foreign visitor
with a lot of money, there is usually a lot of bad publicity. Theft in the high
street is a major problem, which makes goods more expensive. Shop owners try
their best to stop shoplifting but it seems more goods are taken by people who
work in the shops than by shop lifters.
Exercise 15
Read, translate and retell the dialogue.
THE
SUSPECT
Policeman: Good evening, sir. I'd like to ask
you a few questions, if you don't mind. Suspect: By all means, officer — only
too glad to help if I can. But I know nothing about it. Policeman: About what?
Suspect: About the murder that someone
committed next door two nights ago, of course. Policeman: Hm! Did you hear
anything unusual that night?
Suspect: Oh, no! I heard nothing at all. Policeman: Did you see anything
out of the ordinary?
Suspect: No, I saw nothing, officer. Policeman: Did you speak to anybody
that evening?
Suspect: No, nobody. I was sitting here
watching television. I was minding my own business. Policeman: So murder isn't
your business, sir? Someone fired six shots with a revolver, but you heard
nothing... A man ran through that door five minutes after the crime, but you
saw nothing and spoke to no one... Yet you say that you sat in that chair the
whole evening and went nowhere... It all sounds very suspicious to me, sir.
Have you anything to add? Suspect: Nothing at all. Policeman: Then I have no
more questions to ask ... but you won't get away with it. Suspect: What was
that? Policeman: We shall proceed with our enquiries, sir.
Exercise
16
Read, translate and retell the dialogue.
Last night at 9:18 p.m., Mr. Scott Shaw, a
high school principal was walking from his office to his car when he was
attacked from behind. The attacker hit the principal on the head . The police
think the attacker was a student. They are going to question every student in
the school — both male and female.
Answer
the questions.
When did it happen? What time did il happen?
Where was the principal going? Where was he coming from? Did the attacker hit
him? Where did the attacker hit him? What do the police think? What are they
going to do?
A policeman questioned the victim at the
hospital last night: Policeman: What can you remember about the attack, Mr.
Shaw?
Mr. Shaw: Well, I was working late last
night. Policeman: What time did you leave your office?
Mr. Shaw: At about a quarter after nine.
Policeman: Are you sure?
Mr. Shaw: Yes, I am. I
looked at my watch. Policeman: What did you do then?
Mr. Shaw: Well, I locked the office door, and
I was walking to the parking lot when somebody hit me on the head. Policeman:
Did you see the attacker?
Mr. Shaw: No. He was wearing a mask over his
face. Policeman: He? Oh, so it was a man!
Mr. Shaw: Well, I'm not
really sure. No ... no, I don't know Policeman: Tell me, Mr. Shaw how did you
break your leg?
Mr. Shaw: Well, when they were putting me
into the ambulance, they dropped me.
Questions:
Where's the victim now?
What's he doing?
What's the policeman doing?
What was Mr. Shaw doing at 9 p.m. yesterday?
What time did he leave his office?
Is he sure?
Ask: "Why?"
What did he lock?
When did the attacker hit him?
Did he see the attacker?
Ask: "Why not"?
Was the attacker a man or a woman? Did Mr. Shaw break his arm?
Ask: "What?" Ask: "When?"
|
