TRIAL BY A JURY IN GREAT BRITAIN
Упражнение 1.
Прочитайте и переведите текст.
TEXT 1.
TRIAL BY A JURY IN GREAT BRITAIN
Criminal trials in the United Kingdom take the form of a contest between the prosecution and the defence. A defendant (in Scotland, called an accused) has the right to employ a legal adviser and may be granted legal aid from public funds.
If remanded in custody, the person may be visited by a legal adviser to ensure a properly prepared defence. In England, Wales and Northern Ireland during the preparation of the case, the prosecution usually tells the defence of relevant documents which it is not proposed to put in evidence and discloses them if asked to do so. The prosecution should also inform the defence of witnesses whose evidence may help the accused and whom the prosecution does not propose to call. The defence or prosecution may suggest that the defendant’s mental state renders him or her unfit to be tried. If the jury (or in Scotland, the judge) decides that this is so, the defendant is admitted to a specified hospital.
Criminal trials are normally in open court and rules of evidence (concerned with the proof of facts) are rigorously applied. If evidence is improperly admitted, a conviction can be quashed on appeal. During the trials the defendant has the right to hear or cross-examine witnesses for the prosecution, normally through a lawyer; to call his or her own witnesses who, if they will not attend voluntarily, may be legally compelled to attend; and to address the court in person or through a lawyer, the defence having the right to the last speech at the trial. The defendant cannot be questioned without consenting to be sworn as a witness in his or her own defence. When he or she does testify, cross-examination about character or other conduct may be made only in exceptional circumstances; generally the prosecution may not introduce such evidence.
In England, Wales and Northern Ireland the Criminal Justice Act 1987 provides that in complex fraud cases there should be a preparatory open Crown Court hearing at which the judge will be able to hear and settle points of law and to define the issues to be put to the jury.
In jury trials the judge decides questions of law, sums up the evidence for the jury and instructs it on the relevant law, and discharges the accused or passes sentence. Only the jury decides whether the defendant is guilty or not guilty. In England and Wales, if the jury cannot reach a unanimous verdict, the judge may direct it to bring in a majority verdict provided that, in the normal jury of 12 people, there are not more than two dissentients. In Scotland, where the jury consists of 15 people, the verdict may be reached by a simple majority, but as a general rule, no person may be convicted without corroborated evidence. If the jury returns a verdict of “not guilty” (or in Scotland “not proven”, which is an alternative verdict of acquittal), the prosecution has no right of appeal and the defendant cannot be tried again for the same offence. In the event of a “guilty” verdict, the defendant has a right of appeal to the appropriate court.
A jury is completely independent of the judiciary. Any attempt to interfere with a jury once it is sworn in is punishable under the Contempt of Court Act 1981.
Although the right of the defence to challenge up to three potential members of a jury without giving any reason is to be abolished in England and Wales, it will remain open to both parties to challenge potential jurors by giving reasons where they believe that an individual juror is likely to be biased.
People between the ages of 18 and 65 whose names appear on the electoral register, with certain exceptions, are liable for jury service and their names are chosen at random. (Proposals to increase the upper age limit from 65 to 70 in England and Wales are contained in the Criminal Justice Act 1988.) Ineligible persons include the judiciary, priests, people who have within the previous ten years been members of the legal profession, the Lord Chancellor’s Department, or the police, prison and probation services, and certain sufferers from mental illness. Persons disqualified from jury service include those who have, within the previous ten years, served any part of a sentence of imprisonment, youth custody or detention, or been subject to a community service order, or, within the previous five years, been placed on probation. Anyone who has been sentenced to five or more years’ imprisonment is disqualified for life.
Упражнение 2.
Выберите верный вариант ответа на основе прочитанного текста.
1. In the United Kingdom criminal trials take the form of a contest between the
prosecution and the defence.
a) it is not always like that as there are cases when the judge by himself tries
the case;
b) in a number of cases the Government interferes with a criminal case;
c) yes, it is true; the prosecution is not granted any advantage, apparent or real,
over the defence.
2. A defendant has the right to employ a legal adviser and may be granted legal
aid from public funds.
a) no, it is not quite so. A defendant has only the right to employ a legal adviser;
b) every defendant is granted legal aid only from public funds;
c) yes, it is true.
3. The defence should be informed by the prosecution of witnesses.
a) the prosecution never informs the defence of supposed witnesses;
b) yes, it is true. The prosecution should inform the defence of witnesses;
c) the prosecution informs the defence only under the pressure of mass media.
4. Criminal trials are normally held in open court.
a) criminal trials are not normally held in open court;
b) yes, it is true as evidence may help the accused, the defence having
the right to the last speech at the trial;
c) criminal trials are normally in both open court and closed court.
5. The defendant cannot be questioned without consenting.
a) the jury can question the defendant without his consent;
b) without consenting the defendant cannot be sworn as a witness of
his or her own defence; generally the prosecution may not introduce such
evidence;
c) the defendant can be questioned without consenting under the public opinion.
6. In jury trials the judge discharges the accused or passes sentence.
a) In jury trials the judge decides only questions of law;
b) yes, it is true; besides the judge instructs the jury on the relevant law;
c) in jury trials the jury pass (passes) sentence.
7. In jury trials only the jury decides whether the defendant is guilty or not guilty.
a) yes, it is true, then the judge passes sentence;
b) the jury really decides this question, but the judge participates in this work;
c) the jury does not decide this question.
8. In England and Wales the normal jury is of 12 people.
a) no, there may be 6 people in the jury;
b) in some cases, their number comes up to 18 people;
c) according to law, there are 12 people in the normal jury.
9. In Scotland, where the jury consists of 15 people, the verdict may be reached
by a simple majority.
a) it is so, but the number of the jury is 19 people;
b) yes, it is true, in addition, the verdict may be reached without corroborated
evidence.
c) yes, it is true, but as a general rule, no person may be convicted without
corroborated evidence.
10. In the event of a ‘guilty’ verdict, the defendant has a right of appeal to the
appropriate court.
a) the defendant has no right of appeal;
b) yes, it is true; the defendant has this right;
c) the defendant can appeal to the Superior court.
11. A jury is completely independent of the judiciary.
a) a jury to some extent depends on local authorities;
b) a jury is affected by the Governmental officers;
c) yes, it is true and any attempt to interfere with a jury is punishable under the
Contempt of Court Act 1981.
12. Not everybody is liable for jury service.
a) but yes, every person may be liable for jury service;
b) there are certain limits for those who have within the previous ten years
served any part of a sentence of imprisonment;
c) yes, it is true, there are very high requirements to those who are liable for
jury service, there are special rulings: ineligible persons include the judiciary,
priests and some others.
Упражнение 3.
Выпишите из текста выражения с данными словами и переведите их.
trial
jury
defense
guilty
accuse;
verdict
witness
to convict
defendant
custody
evidence
innocence
Упражнение 4.
Найдите в тексте английские эквиваленты следующих выражений.
– право нанимать юриста (советника-юриста);
– заключение под стражу;
– свидетельские показания;
– открытое судебное разбирательство;
– подвергать перекрестному допросу свидетелей обвинения;
– подзащитный не может допрашиваться без его согласия, давать под присягой показания как свидетель своей защиты;
– относящийся к делу закон;
– судья освобождает обвиняемого или оглашает приговор;
– присяжные решают, является ли подзащитный виновным или нет;
– достигнуть единодушного вердикта;
– оправдательный вердикт;
– отправление правосудия;
– потенциальные присяжные;
– избирательный журнал (для выбора присяжных);
– служба присяжных.
Упражнение 5.
Выберите правильный вариант ответа.
1. The initial decision to begin criminal proceedings 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 papers 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 the 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 prosecutions 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 these 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 servants;
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.
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