UNIT 4 JUDICIARY
Date: 2015-10-07; view: 416.
Criminal Proceedings. There are two courts of trial and two courts of appeal for criminal proceedings in England, Wales and Northern Ireland. The courts of trial are the Magistrates, Court and the Crown Court, and the courts of appeal are the Court of Appeal and the House of Lords.
The Magistrates' Court. The most common type of law court in England and Wales is the Magistrates' Court. The Magistrates' Court is the lower court of trial. It deals with summary offences. More serious criminal cases (indictable offences) then go to the Crown Court. Civil cases are dealt with in County courts.
Magistrates' Courts have limited powers of penalty but may commit a convicted offender to the Crown Court if it is considered that he powers of the Magistrates' Court are insufficient. Approximately 95% of all prosecutions are dealt with in the Magistrates' Courts.
Juvenile Courts are composed of specially trained magistrates. They try most charges against children and young persons under the age of 18 years.
The Crown Court. The Crown Court is the senior court of trial for criminal offences. The courts are established at various centres throughout the country. The courts are presided over by either a High Court Judge, Circuit Judge or Recorder who sits with a jury. The Crown Court for the City of London is the Central Criminal Court, also known as the Old Bailey.
The Crown Court may also hear appeals against conviction and/or sentence for some offences dealt with at the Magistrates' Court.
The Court of Appeal. The Court of Appeal hears appeals from criminal cases heard in the Crown Courts.
The House of Lords. The House of Lords is the most senior and criminal court of appeal.
Civil Proceedings. Civil proceedings consist of litigation about property, family matters and actions to obtain financial redress for damage to property and personal injury. The courts of trial for such litigation are the County Court and the High Court of Justice.
County Courts are local courts and are presided over by a single Judge. The High Court of Justice is situated in London. Some cases before the High Court of Justice may be heard before a jury.
WORDS AND PHRASES
Judiciary - cóäî÷èíñòâî
court of trial – cóä ïeðøî¿ ³ícòaíö³¿
court of appeal - aïeëÿö³éíèé cóä
the Magistrates' Court - Maã³ñòpàòcüêèé cóä
the Crown Court - Kîðoë³âñüêèé cóä
juvenile court - cóä y cïpaâàx íeïoâíoë³òí³õ
summary offence - çëî÷èí, ÿêèé íe ÿâëÿº âeëèêî¿ íeáeçïeêè
indictable offence – îcoáëèâî òÿæêèé çëî÷èí
jury - cóä ïpèñÿæíèõ
penalty - ïoêaðaííÿ; ñòÿãíåííÿ; øòðaô
convicted – óâ'ÿçíåíèé, â'ÿçåíü
prosecution - cóäîâèé ðoçãëÿä
judge - cóääÿ
to sentence for smth - çacóäæóâàòè ça ùîñü; âèðîê
litigation - òÿæáà, cï³p
to obtain financial redress for smth - oäåpæaòè ô³íaíñîâå â³äøêîäóâàííÿ ça ùîcü
injury - oápaça, êðèâäà
EXERCISES
EXERCISE 1 Fill in the blanks:
1. There are two courts of . . . and two courts of ... for criminal proceedings in England, Wales and Northern Ireland.
2. The Magistrates' Court deals with ... .
3. More serious offences go to the ... .
4. Magistrates' Courts have limited powers of ... .
5. Magistrates' Courts may commit ... to the Crown Court.
6. Approximately 95% of all ... are dealt with in the Magistrates' Court.
7 ... courts try most charges against children and young persons under the age of 18 years.
8. The Crown Court is the senior court of trial for ... ... .
9. The Crown Court may hear ... against conviction and/or ... for some offences dealt with at the Magistrates' Court.
10. The Court of... hears appeals from criminal cases heard in the Crown Court.
11. The House of Lords is the most senior and final ... ... .
12. Civil proceedings consist of... about property, family matters and actions to obtain ... for damage to property and personal in Jury.
13. County Courts are ... over by a single Judge.
14. Some cases before the High Court of Justice may be heard before a ...
EXERCISE 2 Read the following sentences and decide if they are true or false:
1. The courts of trial are the Magistrates' Court and the Crown Court.
2. The courts of appeal are the Court of Appeal and the House of Lords.
3. The Magistrates' Court is the senior court of trial.
4. The Magistrates' Court deals with summary offences.
5. More serious offences are committed to the Crown Court.
6. Juvenile Courts try charges against convicted offenders.
7. Juvenile Courts try most charges against children and persons under the age of 18 years.
8. The Crown Court is the lower court of trial.
9. The Court of Appeal hears appeal from criminal cases heard in the Crown Courts.
10. The House of Lords is the most senior and final court of appeal.
11. Criminal proceedings consist of litigation about property, family matters and actions to obtain financial redress for damage to property and personal injury.
12. County Courts are local courts and are presided over by a jury.
EXERCISE 3 Find words and expressions in the text, which mean:
1. the system of law courts in a country;
2. place where law-cases are held;
3. person against whom a legal action is brought;
4. punishment for wrongdoing;
5. court where children are tried;
6. crime, breaking of a rule.
EXERCISE 4 Ask questions to get the following answers:
1. There are two courts of trial and two courts of appeal for criminal proceedings in England, Wales and Northern Ireland.
2. The courts of trial are the Magistrates' Court and the Crown Court.
3. The courts of appeal are the Court of Appeal and the House of Lords.
4. The Magistrates' Court deals with summary offences.
5. The Crown Court deals with indictable offences.
6. Magistrates' Courts have limited powers of penalty.
7. Approximately 95% of all prosecutions are dealt with in the Magistrates' Courts.
8. Juvenile Courts try most charges against children and young persons under the age of 18 years.
EXERCISE 5 Answer the following questions:
1. What courts are there in England, Wales and Northern Ireland?
2. What offences does the Magistrates' Court deal with?
3. Where must the most serious offences be committed to?
4. What charges do Juvenile Courts try?
5. What court is the senior court of trial for criminal offences?
6. What is the most senior and final court of appeal?
7. What do civil proceedings consist of?
8. Where is the High Court of Justice situated?
EXERCISE 6 Complete the following sentences by translating the words and expressions in brackets:
1. All criminal cases start in the . . ..
2. More serious criminal cases then go to . . ..
3. Civil cases are dealt with in . . ..
4. Appeals are heard by . . ..
5. The highest court of appeal in England and Wales is . . ..
6. The legal system also includes . . . which deal with offenders under seventeen.
EXERCISE 7 Work in pairs. Discuss the following:
-What courts do you think would deal with:
a) careless driving?
b) a divorce case?
c) a shoplifting committed by a schoolboy?
d) an assault causing actual bodily harm?
e) a murder of a child?
HAVE A REST
«Have you anything to say for yourself before I pass a sentence?» the judge frowned at the pickpocket.
«Just what good have you ever done for mankind?»
«Well, Your Honour», answered the prisoner, «I've helped several reporters, prison guards and you keep your jobs».
* * *
«You seem to be in some distress», said the judge to the witness. «Is anything wrong?»
«Well, your Honour», said the witness, «I swore to tell the truth and nothing but the truth, but every time I try, some lawyer objects».
* * *
A friend of the judge dropped in for a visit one morning before court opened and looked around.
«Goodness, you certainly have a lot of criminals to try this morning, haven't you?» he observed.
«Oh, not so many», answered the judge. «You are looking at the wrong bench - those are the lawyers».
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