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17.ЗАКОН УКРАЇНИ Про місцеве самоврядування в Україні


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?"
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