Unit 1 The Judiciary 1. There is no single Minister of Justice in Britain’ Central responsibility for the administration of the judicial system: lies partly with the Lord Chancellor and partly with the Home ‘Secretary, the Secretary of State for Scotland, and the Minister of Home Affairs for Northern Ireland. Judges are appointed by the Crown, on the advice of the Prime Minister, Lord Chancellor or Secretary of State for Scotland. A judge holds office until he retires, and his judicial independence is guaranteed. Magistrates are appointed on behalf of the Crown by the Lord Chancellor, the Secretary of State for Scotland, or the Governor of Northern Ireland. . 2. Law and Order There'is no single body of law in the United Kingdom. There is, however, a similarity between the separate systems of England and Wales and of Northern Ireland. As between the Scottish system and those of the rest of Britain the differences are more extensive, although there is substantial identity at many points. 3. A feature common to all systems of law in Britain is that there is no complete code. The sources of law include legislation (Acts of Parliament and subordinate legislation made under. powers con- ferred by Parliament), and a large amount of ‘unwritten’ or common Jaw, gathered from numerous decisions of the courts and other sources. 4. Another common feature is the distinction made between criminal law (concerned with wrongs against the community as a whole) and civil law (concemed with the rights, duties and obligations of individual members of the community between themselves).’ 5. The Police Most prosecutions in England and Wales are initiated and con- ducted by the police. The police service for Great Britain is organized in a number of separate forces linked with the local government andsubject to the influence and control of the Home Secretary and the Secretary of State for Scotland. In Northern Ireland it is controlled by an Inspector-General, who is responsible to the Minister of Home Affairs. . 6. In Scotland, the police make the preliminary investigations, but the Public Prosecutor decides whether or not to prosecute. It is the Jaw throughout the United Kingdom that as soon as anyone is arrest- ed, he must be charged and brought before the court with the least pos- sible delay. If he cannot be brought before the court within a day, he will usually be granted bail. (adapted from Britain in Brief, edited by the Central Office of Information, London, 1969, pp. 9 and 12) ‘WORDS AND PHRASES 1. judiciary n — magistratura, corpul judecitoresc minister 2 - ministru appoint v - a numi (intr-un post) guarantee v- a garanta 2. single adj - singur, unic similarity n - asemanare Separate adj - separat extensive adj~- intins, extins; cuprinziitor 3. feature ui - trisdturi (caracteristic4), caracteristicd. subordinate adj - subordonat; subaltern. confer v - a conferi; a acorda ‘wrong 2 - nedreptate; eroare 6. throughout prep - pretutindeni; peste tot delay a - intarziere responsibility lies with the Lord Chancellor - rispunderea fi revine Lordului Cancelar Minister of Home Affairs - Ministrul de Interne to hold office - a define o functie on behalf of - in numele...; din partea... to be concemed with - a se ocupa de 10KEY STRUCTURES Use of Prepositions: on and with Examples * 1. Judges are appoiiited on the advice of the Prime Minister. 2. Criminal law is concerned with the wrongs against the commu: nity. a) On generally combines with words denoting an object of think- ing or speaking. 1. to lecture, to write (a paper), to comment, to make a speech, 2. commentary, criticism, observation, remark, view, point of view, 3. article, book, essay, novel, editorial. Also: on the agenda, on the list, on the advice, on the topic, on the theme, on the subject, on the programme etc. 6) With generally combines with the following words. 1, to agree, to cope, to help, to comply, to argue, to interfere (or in), to part, to compete; 2. concemed, satisfied, amused, charmed, disgusted, 3. indignant, angry, cross, patient, content. EXERCISES I. Answer the following questions. LL. Who are responsible for the administration of the judicial system in Britain? 2. Whom are the judges appointed by? 3. Whom are the magistrates appointed by? 4. How long does a judge hold office? 3.1. Which is the feature corninon.to all systems of law in Britain? 2. What do the sources’of law include? 4.1. What is criminal law concemed with? 2. What is civil law concerned with? 5.1. Whom are most prosecutions in England conducted by? 2. In what part of Great Britain do the police make the prelimi- nary investigations? 11P HI, Fill in the blanks with on or with. 1. This was the most important topic ... the agenda. 2. The professor delivered a lecture .:. offences. 3. I was very angry ... him. 4. You must comply ... the rules. 5. The court was satisfied ... the evidence given ... the witness. 6. ... lawyer's advice the defendant gave evi- dence. 7. He made some important remarks ... the topic. 8: He didn’t want to comply ... the police. Hl, Fill in the blanks with the suitable prepositions. 1. Magistrates are appointed ... behalf of the Crown, ... the Lord Chancellor. 2, There is substantial identity ... many points ... the Scottish system and those of the rest ... Britain. 3. The sources .., law also include a large amount ... unwritten or common law gathered — numerous decisions ... the courts. 4. Central responsibility ... the administration to ... the judicial system lies partly ... the Home Secretary. 5. The police system is organized ... a number — separate forces linked ... local government and subject ... the influence and i contro] ... the Home Secretary. > IV. Translate into English. 1, In Marea Britanie legea si ordinea sunt mentinute de mai multe organe ale legii. 2. Rspunderea pentru administrarea justifiei este, in parte, de competenta Lordului Cancelar gi, in parte, de competenta Secretarului pentru Afacerife Interne in Anglia, a Secretarului de Stat in Scotia si a Ministrului de Inteme in Irlanda. 3. Desi exist sisteme de justitie separate in Anglia, tara Galilor, Scotia si Irlanda, se poate observa o asemanare intre ele in cazul mai multor puncte de lege. 4. Majoritatea urmiririlor penale in Anglia si fara Galilor sunt inifiate si conduse de ciitre politic. 5,-Serviciul de polifie este supus influentei si controlului Ministerului de Interne in Anglia si al Secretarului de Stat in Scotia. 6. in Inlanda de Nord politia este controlati de un Inspector General care rispunde in fata Miistrului de Interne. 7. Procurorul Public hotiriste dacd o persoani care se afl in arest tre- buie sau nu si fie pusi sub urmiirire penali. 12V. Are the following statements true or false? 1. Judges are not appointed by the Crown. 2. Magistrates are appointed by the Prime Minister. 3. There is a similarity between the judicial systems of England and ‘Wales and Northem Ireland at many points. 4. There is a single body of law in Great Britain. 5. Most prosecutions in England and Wales are conducted by the police. 6. The Public Prosecutor decides whether or not to prosecute. 7. As soon as anyone is arrested, he must not be brought before the court without the least possible delay. 13Unit 2 The Legislative . 1. The United Kingdom is a unitary, not a federal, state. All four countries of the Kingdom - England, Wales, Scotland and Northern Ireland — are represented in the Parliament at Westminster (London), which is the supreme legislative authority in the United Kingdom. 2. Parliament consists of the Sovereign, the House of Lords and the House of Commons. The Sovereign formally summons and dis- solves Parliament and generally opens each new annual session with a speech from the throne. The House of Lords is made up of hereditary and life peers and peeresses, including the law lords appointed to undertake the judicial duties of the House, and the archbishops of Canterbury and York, the bishops of London, Durham and Winchester and twenty-one senior bishops of the Church of England; its main. function is to bring the wide experience of its members into the process of law-making. 3. The House of Commons consists of 630 salaried members elected by almost universal adult suffrage. It is in the House of Com- mons that the ultimate authority for law-making resides. Peerages are conferred by the Sovereign on the advice of the Prime Minister. Members of the House of Commons are elected at a General Election, which must be held every five years but it is often held at more fre- quent intervals. 4. The party which wins sufficient seats at a General Election to command a majority of supporters in the House of Commons forms the Government; its leading members are chosen by the Prime Minister to fill ministerial posts. The party which wins the second largest number of seats becomes the official Opposition. 5. Parliament’s main functions are debating, passing legislation and examining the actions of the Government. Most of this work is carried on through a system of debates which is much the same in both. Houses except that in the House of Commons all speeches are addres- 14sed to the Speaker who is elected at the beginning of each new Parlia- ment to preside over the House and enforce the rules of order. The Speaker is a member (proposed by the Government after consultation with the Opposition) who is acceptable to all shades of opinion in the House. In carrying out his duties he is required to be impartial: he can- not debate or, as a general rule, vote on a measure, and he sees that all points of view have a fair hearing. In the House of Lords the Lord Chancellor presides, but he has fewer powers than the Speaker in the Commons. (from. Britain in Brief. p. 4) ‘WORDS AND PHRASES 1. legislative n - legislativ 2. summon v- a convoca formally adv - formal, oficial sovereign n - suveran peer n - pair appoint v - a numi (intr-o functie) undertake v -'a intreprinde, a se ocupa de archbishop n - arhiepiscop 3, suffrage n - sufragiu; (drept de) vot ultimate adj - final, fundamental reside v - a locui; a consta, a sta in peerage n - rang de pair; pairi enforce v - a aplica; a pune in vigoare shade n - umbra; nuanti 5, debate v - a dezbate the Speaker - presedinte al Camerei Comunelor to enforce the rules - a pune in vigoare legi to pass the legislation - a vota legislatia 15KEY STRUCTURES Position of Adverbs of Manner. Examples. * 1. He studies thoroughly. 2.a. He attends the lectures regularly. 2.b, He regularly attends the lectures. 3. Slowly did he recover. 4. In Great Britain the Sovereign formally summons and dis- solves Parliament. 5. He generally opens each new annual session with a speech. 1. With intransitive verbs, adverbs of manner occupy a post-verbal position, as in Example 1. 2. With transitive verbs, adverbs of manner should not separate the verb from its indirect object, as in Example 2.a and 2.b. 3, For the sake of emphasis, adverbs of manner may also be placed at the beginning of a sentence, as in Example 3. EXERCISES I. Answer the following questions. 1.1, What are the four countries of the United Kingdom that are repre- sented in Parliament? 2. What does Parliament consist of? 3. What does the Sovereign formally do? 4. Who are the members of the House of Lords? 5. Who undertake the judicial duties of the House? 3.1. What does the House of Commons consist of? 4.1. At what intervals must a General Election be held? 2. Who forms the Government? 3. What is the Prime Minister’s first duty? 4, Who- becomes the official Opposition? 5.1. What are the Parliament's main functions? 2. What are the criteria that must be taken into account in electing the Speaker? 16 yta IL. Fill in.the blanks with the suitable adverbs. annually — mainly — impartially — dangerously — usually — fluently — carefully 1. He was fined because he was driving ... 2. You must cross the road 3. He speaks English ... 4. An arrested person will ... be granted ° bail if he cannot be brought before the court within a day. 5. The Mamaia festival is held ... 6. Criminal law is ... concerned with wrongs against the community as a whole. 7. Judges must act ... III. Are the following statements true or false? 1. The House of Lords consists of 630 members. 2. Debating and passing legislation are two of the main functions of Parliament. 3. The Speaker is a. member of Parliament proposed by the Government. 4. The Lord Chancellor has greater powers than the Speaker in the ‘House of Commons. 5. A General Election must be held every two years. 6. In carrying out his duties the Speaker is ‘required to be impartial. 7, Peerages are conferred by the Prime Minister. . 8. Parliament is the’ supreme legislative authority in the United Kingdom. . : IV. Translate into English. 1. Camera lorzilor esté formati din nobili cu rang de pair ereditar. 2. Camera Comunelor este formati din 630 de membri salariati alegi prin sufragiu universal de cXtre populajia adultd. 3. Fi reprezinti autoritatea finalé in emiterea legilor. 4. Membrii Camerei Comunelor sunt alegi la Alegerile Generale care an loc o dati la cinci ani. 5. Primul Ministru alege membrii Guvernului din partidul care cigtig’ majoritatea locurilor in Parlament. 6. Partidul care se aflA pe locul doi, in cAstigarea numfrului de Jocuri, in Parlament, formeazi Opozitia. 7. Presedintele Camerei Comunelor — the Speaker ~ este propus de Guvern dup consultéri cu Opozifia. 8. Bl trebuie si fie o persoana acceplabilé pentru toate partidele. In consecinti, el trebuie si fie impartial. 9. El trebuie si aiba griji ca toate pirerile sii se bucure de 0 audiere corecti, 10. In Camera Lorzilor, autoritatea suprem& — Lordul Cancelar — are puteri mai mici ca Pregedintele Camerei Comunelor. 17Unit 3 Courts in the United Kingdom of Great Britain 1. Criminal Courts Criminal Courts in England and Wales include: Magistrates’ Courts which try the less serious offences. The courts generally consist of two to seven unpaid .‘lay’ magistrates known as justices of the peace, but in some large cities professional magistrates known as ‘stipendiaries’, may sit alone; Courts of Quarter Session which try most of the serious offen- ces, These sit at least four times a year in the counties and boroughs and are presided over by a bench of justices under a chairman; Courts of Assize which try the gravest offences. These courts are branches of the High Court presided over by High Court judges; the Central Criminal Court in London at the Old Bailey is an assize court, as are the Crown Courts at Liverpool and Manchester. All trials at quarter sessions and assizes are held with a jury. 2. Civil Courts The main courts of civil jurisdiction in England and Wales are: Magistrates’ Courts, which have limited civil jurisdiction, main- ly related to domestic proceedings; County Courts, which hear the most ordinary civil actions, and. the High Court, where the most important cases are heard and tried. The High Court is divided into the Chancery Division, the Probate, Divorce and Admiralty Division and the Queen’s Bench Division; it forms part of the Supreme Court of Judicature. 3. Appeals may be heard in the High Court. The more important ones, however, come before the Civil Division of the Court of Appeal (the other part of the Supreme Court of Judicature), A few are heard before the House of Lords, which is the ultimate court of appeal in civil cases throughout the United Kingdom. 4. In Scotland, civil cases of first instance are heard at the sheriff courts (which in their civil capacity correspond roughly to the 18county courts in England and Wales) and in the Outer House of the Court of Session, which is the.supreme civil court in Scotland. 5. According to the latest publications in English legal periodi- cals or journals it appears that although certain courts exercise a pure- ly civil or criminal jurisdiction, many English courts hear both civil and criminal cases. As an example, the House of Lords, the Court of Appeal or the High Court hear both civil and criminal cases, Another classification would be into Courts of First Instance in which cases are heard for the first time and Appellate Courts in which people appeal for reconsideration of the decision of the Courts of First Instance. : (from Baitain in Brief. 10) WORDS AND PHRASES 1. try v- a judeca borough n — oras mic (reprezentat in parlamentul englez) county n— comitat; finut : stipendiary n - magistrat salariat chairman n-~presedinte assize n — sedin{a a tribunalului | assizes n -- sesiune judecdtoreasci | 2. hear v—-a audia ‘ultimate adj~ ultim; final; fundamental capacity n ~ capacitate; calitate Probate n — validare; procedurd judiciari de atestare a valabilitatii unui testament Admiralty 2 — amiralitate, Ministeru] Marinei (in Marea Britanie) Judicature n ~ corp judedctoresc; administrare a justifie’ bench n — banc4; magistraturd; instant’ de judecati 4. roughly adv — aspru . Toughly speaking - in linii mari cases of first instance — cazuri la prima infifigare Jay magistrate — magistrat nesalariat justice of the peace — judecitor de pace’ . “19Court of Quarter Session — curtea care se intruneste o dati fa patru luni Court of Assize ~ Curtea cu Juri domestic proceedings — procedura legata de jurisdictia interna Chancery Division — Curtea de justitie a Lordului Cancelar Queen’s Bench Division - sectiunea magistratilor Coroanei KEY STRUCTURES Passive Constructions Examples 1. Minor cases are tried without a jury. 2. Appeals may be heard in the High Court. Turing Active Constructions into Passive Ones Examples 1. Active: The professor delivers a course in Civil Law once a week. Passive: A course in Civil Law is delivered once a week (by the pro- fessor). 2. Active: The police arrested the thief yesterday. Passive: The thief was arrested yesterday (by the police). 3. Active: The judge will convict the burglar. Passive: The burglar will be convicted (by the judge). Note that in all the passive constructions above the use of by + the agent or doer of the action is optional. Sometimes the agent must be mentioned in order to give all the important inforniation, e.g. He was bitten by a snake. EXERCISES I. Answer the following questions. 1.1. What do criminal courts in England and Wales include? 2. What do the Magistrates’ Courts try? 3. What do the Courts of Quarter Session try? 4, What do the Courts of Assize try? 2.1. What are the main courts of civil jurisdiction in England and ‘Wales? 3.1. Where may appeals be heard? 4.1, Where are civil cases of first instance heard in Scotland? 20II. Change into the Active Voice. 1. Courts of Quarter Session are presided over by a bench of justices. 2. Cases are heard by a judge sitting with a jury. 3. All trials at quarter sessions are held with a jury. 4. The ordinary civil actions are heard by the County Court. 5. In England magistrates are appointed by the Lord Chancellor. 6. In Ireland the police is controlled by an Inspector-General. II]. Match A, B and C. A. 1. County Courts — 2. Courts of Quarter Session.- 3. The High Court ~ 4. Courts of Assize — 5. Sheriff Courts B. 1. try ~2, tries C. 1. the most important civil cases ~ 2. the gravest offences — 3. civil cases of first instance — 4. most of the serious offences in counties -- 5. the most ordinary civil actions IV. Ask questions to the following statements, 1. The courts generally consist of two.or seven unpaid ‘lay’ magis- trates known as justices of the peace. 2. In some large cities profes- sional magistrates known as ‘stipendiaries’ may sit alone. 3. Courts of Quarter Session sit at least four times a year. 4, They are presided over by a bench of justices under a chairman. 5. Magistrates’ Courts in England and Wales have limited civil jurisdiction. 6. County Courts hear the most ordinary civil actions. 7, The more important appeals come before the Civil Division of the Court of Appeal. 8. The House of Lords is the ultimate court of appeal in civil cases throughout the United Kingdom. 9. In Scotland, the sheriff courts correspond to the county courts in England and Wales. 10, The Outer House of the Court of Session is,the supreme civil court in Scotland. V. Fill in the blanks witth the missing words. 1. Magistrates’ Courts ... the less serious ... 2. Courts of Assize try... offences. 3. These courts are ... of the High Court presided ... by High Court judges. 4. The Central Criminal Court in London at the Old Bailey is an ... . 5. All trials at ... sessions and assizes are ... with a jury. 6. Appeals may be ... in the High Court. 7. The High Court forms - of the .., Court of Judicature.Unit 4 Criminal Law Update 1. As shown in Unit 1, in the United Kingdom. as soon as any- one is arrested, he must be charged and brought before the court with the least possible delay. Unless the case with which an arrested person is charged is very serious, he will usually be granted bail if he cannot be brought before the court within a day. 2. All criminal trials are held in open court. Because the crimi- nal law presumes the innocence of the accused until he has been proved guilty beyond reasonable doubt, every possible step is taken to deny to the prosecution any advantage over the defence. No accused person has to answer the questions of the police before trial; if he does make a statement, this cannot be used in evidence at bis trial unless he has been cautioned in the proper terms, and he is not compelled to give evidence or to submit to cross-examination in court. 3. Bvery accused person has the right to employ a legal adviser to conduct his defence; if he cannot afford té pay, he may be granted Jegal aid at public expense. Ifhe is charged with murder, and has insuf- ficient means, he must be granted legal aid. ‘ 4, The grant of legal aid. The controlling legislation for the grant of legal aid remains $.22. of the Legal Aid Act 1988. This lists five factors that may whether it is in the interest of justice that representa- tion be granted, and it must be emphasized that the list is not exclusive. S. 22 (2) prescribes that the factors to be taken into account include the following: , a) the offence is such that if proved it is likely that the court would impose a sentence which would deprive the accused of liberty or lead to loss of his or her livelihood or serious damage to his or her reputation; - . b) the determination of the case may involve consideration of a substantial question of law; c) the accused may be unable to understand the proceedings or to state his or her own case because of inadequate knowledge of English, mental illness or other mental or physical disability; 22 —d) the nature of the defence is such as to involve the tracing and interviewing of witnesses for the prosecution; e) it is in the interest of someone other than the accused that the accused be represented. 5. In criminal trials by jury, the judge passes sentence (as in all trials) but the jury decides the issue of guilt or. innocence. The jury consists of ordinary, independent citizens. summoned. by the court: 12 in England, Wales and Northern Ireland, and 15 in Scotland. The verdict of the jury may be by a majority — for instance, in England and Wales, of 10 to 2. A verdict of ‘not guilty’ means acquittal for the accused, who can never again be charged with that specific crime. (from Criminal Law Update, by Solicitor Anthony Edwards, in the Gazette 90/3, 20 Jan. 1993, p. 24) WORDS AND PHRASES 1. to update v — a actualiza, a aduce Ja zi charge v — a invinui bail 2 - caufiune delay n — intirziere 2. trial n — proces Presume v—a presupune step n~ misura; pas deny v—a nega; a respinge caution v—a avertiza compel v — a obliga submit v — a (se) supune 3. employ v—a angaja adviser n — sféituitor; consilier afford v ~ a-gi permite means n — mijloace (binesti) 4, emphasize v — a accentua, a reliefa offence s — infractiune deprive v—a priva * Joss n— pierdere livelihood n — viati; mijloace de trai damage n — dauni; prejudiciu substantial adj (jur.) — importantShould Obligation and logical necessity = ought fo You should tell him the truth. 6 They should be home by now. , Will Willingness. Used in polite requests Will you give me that book, please? Will you join us in a walk? Would Willingness. Used in polite requests (more formal than wil) Would you like a cup of coffee? Would you do me a favour? EXERCISES 1 Answer the following questions. 1.1. When is an arrested person granted bail? 2.1, Where are all criminal trials held? 2. What does Criminal Law presume? 3. Must an accused person answer the questions of the police before trial? 3.1. What right has any accused person? 2. What happens if an accused person has insufficient means? 4,1, When is representation granted? 2. What are the five factors that should be taken into account in granting representation? IL. Fill in the blanks with one of the following modal verbs: can — could, may — might, must, shall — should, will — would. 1. The accused — be unable to answer the questions because of his inadequate knowledge of English. 2. If he — (not) afford to pay a legal adviser he — be granted legal aid. 3. The criminal — be sent to prison. 4. You ~ be more careful when crossing the road. 5. Ann asked Dan: — you join us for supper? 6. I understand German but by — (not) speak it. ‘7. The student asked the professor: — you repeat the question, please? 8. He asked the policeman: — you tell me the way to the Intercon- tinental Hotel? 26 yeIIL Choose the correct form. 1. In Scotland the police (make, makes) the preliminary investigations. 2. If an accused person cannot be brought before the court within a day he (is, will be) granted bail. 3. The research work undertaken for the Royal Commission on criminal justice (will emphasize, has empha- sizéd) the need for all solicitors to seck all.relevant information from the police. 4. Criminal law presumes the innocence of the accused. until he (is, has been) proved guilty. 5. If the accused person (will make, makes) a statement, this cannot be used in evidence at his trial. 6, Every accused person (has, will have).the right to employ a legal adviser to conduct his defence. IV. Translate into English. 1. Dupa ce 0 persoand a fost arestati, el/ea este acuzat(’) si apoi adus(&) in fafa instantei. 2. Se iau toate masurile pentru a respinge orice avantaj al acuzdrit asupra apararii. 3. Inculpatiil nu este obligat si depund mérturie. 4. Tribunalul poate impune o sentin{a care sii priveze pe acuzat de fibertate. 5. Uneori acuzatul nu este fn stare si inteleaga procedura penal& datoritX unei boli mintale sau a unei invalidit&ti fizi- ce. 6. Sentinfa tribunalului poate duce la pierderea mijloacelor de sub- zisten{a ale acuzatului. 7, Intervievaréa martorilor acuzirii este foarte important ‘intr-un’ proces penal. 8. Reprezentarea legali se acorda numai atunci cind este in interesul justitiei. V. Fill in the blanks with the missing words. 1. All criminal trials are . ... in open court. 2, The criminal law presumes the innocence of the accused person . + he has been .. . guilty, 3. An accused person is not ... . to give evidence or to submit to .. in court. 4. Every accused person has the right to a legal adviser .. his defence. 5. If he cannot to pay he may be legal 6. The court may impose a sentence which the accused of liberty or lead to loss of his . 7. The accused may be unable to understand the proceedings because of inadequate .. see OF English. 27Unit 5 : Prosecutions Conducted by the Police 1. Itis a well-known fact that most prosecutions in England and Wales are initiated and conducted by the police but it is the Public Prosecutor who decides whether or not to prosecute. 2. Prosecution is defined as including not just the CPS (Crown. Prosecution Service) and police but also ‘forensic scientists and others who have some responsibility for criminal proceedings’ (Atkinson Wynter, in the London Gazette, 10 February, 1993). 3. The research work undertaken for the Royal Commission on. criminal justice has emphasized the need for all solicitors and their representatives to seek all relevant information from the police, spend time with their client to establish the necessary professional relation- ship and make full records of everything that takes place. The critical advice remains that as to whether a client should answer all police questions or none at all. No accused person has to answer the questions of the police before the trial. 4. The police in all investigations should maintain a schedule of all material coming into their possession and should copy that schedule to the CPS with the case papers. ‘Material’ here means not only docu- ments, but also articles and information, including material held on computer. Each item should be listed individually. 5. The schedule should be submitted to the CPS at the appropriate time. A list (which is not exclusive) of items expected to be included i in the schedule is provided: a) interview notes and audio-visual tape recordings of inter- views with actual/potential witnesses, suspects or defendants; b) draft witness statements including those prepared or amended by witnesses or their advisers; c) statements taken from potential witnesses whether or not they assist the prosecution case, and exhibits referred to; d) correspondence or other notes relating to the contents of wit- ness statements; 28e) any other documents or other material containing-a descrip- tion of the alleged criminal by a potential witness; f) crime reports; g) custody.records and associated documents; h) any material casting any doubt upon the reliability of any cohfession; . J) any other material of information which the Police officer fairly and reasonably considers ought to be considered by the CPS. (from Injustices of Non-Disclosure, by Richard Hallmark, in the Gazette 90/6, 10 Feb. 1993, p. 20) ‘WORDS AND PHRASES 2. prosecution a — ancheti/urmarire judiciari forensic adj juridic; de tribunal 3, undertake va intreprinde emphasize v a accentua; a reliefa solicitor n avocat; consilier juridic record n dare de seami; raport; consemnare 4. schedule n program; inventar; anexi la un regulament 5. submit va (se) supune appropriate adj adecvat; potrivit exhibit n obiect; exponat draft 2 ciornd; schifa; plan; proiect ° reliability n veracitate; autenticitate KEY STRUCTURES Modal Verbs/Auxiliaries + Perfect Infinitives 1, The schedule should have been submitted to the CPS at the appropriate time. 2. He could have helped you (but he didn’t). 29Can with the Perfect Infinitive: 1) Certainty regarding some past action I'm sure he can have acted like this. 2) Surprise, doubt Gn negative sentences) He can’t have lied to me. Could with the Perfect Infinitive: A weaker suprise or doubt than can How could he have lied to you? May with the Perfect Infinitive: Uncertainty or possibility regarding some past action He may have misunderstood you. Might with the Perfect Infinitive: An imaginary possibility regarding some past event ‘You didn’t put on 4 jumper this morning when you left. You might have caught cold. * Must with the Perfect Infinitive: Probability I don’t find my umbrella. I must have left it on the bus (Probably I left it ...) Should (Ought to) (Moral) obligation and logical necessity with regard to some past action You should have helped him with his work. He should have looked both ways when. crossing the road (but he didn’t). EXERCISES I. Answer the following questions. 1.1. Whom are most prosecutions in England and Wales initiated’and conducted by? 30 yt2.1, What does ‘Prosecution’ include? 3.1. What has the research work undertaken for the Royal Commission on criminal justice emphasized? 2. What is the solicitor’s duty? 3. Must an accused person in England and Wales answer the police questions before the trial? 4.1. What should the police in all investigations maintain? 5.1. When should the police submit the schedule to the CPS? II. Use the perfect infinitive of the verb in parentheses with the appro- priate modal verb. Model As soon as I tumed on the TV-set there was an explosion. There (be) something wrong with it. = There must have been something wrong with it. 1. You (cross) the road by the subway but you didn’t. 2. Look! There is a tree right across the road! It (be) blown down by the storm last night, 3. You (warn) him that the ice was dangerous but you didn’t. 4. You (take) the umbrella. It didn’t rain. 5. I sat on a bench in the park and how my skirt is covered with green stripes. The paint (be) wet. 6, He saw the accident. He (go) to the police but he didn’t. Hf. Fill in the blanks with the missing words. 1, Solicitors must seek all information from the police. 2. All solicitors and their representatives should all rele- vant information .... .. the police. 3. They should also make full .. of everything that takes place, 4. The police should . the schedule to the CPS at the .. .. time. 5. Material means documents but also articles and infor- mation including materi: on computer. 6. The list should include interview ... vos, interviews .. poten- tial witnesses, crime . and any material casting anyUnit 6 Treatment of Offenders 1. The chief aims of the penal system in Great Britain are to deter the potential law-breaker and to reform the convicted offender. Except for the most serious offences (indictable offences) such as mur- der, man-slaughter or rape, for which there are fixed penalties, the courts have power to vary the sentence within prescribed maxima in the light of the circumstances of the offence and the offender. Most minor offences (summary offences) such as minor motoring offences are punished by a fine only, For serious offences, the sentence is usu- ally imprisonment or a fine (both in some cases). The offences which can be committed in a serious or minor way such as theft are offences triable either way-hence their name of either way offences, 2. An offender may also be placed on probation, when he is required to be of good behaviour and to comply with certain conditions (which include keeping in regular touch with a probation officer who supervises his progress), failing which he may be sentenced for the original offence. In addition, courts have discretion to charge an offender absolutely or, in England, Wales and Northern Ireland only, subject to the condition that he commits no further offence during a specified period'or to pass a suspended sentence, ie. one that will come into operation only if the offender commits another offence. within a specified period. 3. Prisons to which offenders may be committed directly by a court are known as local prisons; all are closed establishments. Other prisons, which may be open or closed, receive prisoners on transfér from local prisons.. Training courses, educational schemes, medical and welfare services are provided in prisons; after-care for discharged prisoners operates throughout Britain. 4, Offenders under twenty-one years of age may be sentenced to imprisonment only as a last resort. Special residential institutions for young offenders include, at present, approved schools, detention cen- tres for boys over fourteen'who need a short period of strict discipline, 32borstals for youths and girls between the ages of fifteen and twenty- one and young prisoners’ institutions. 5. Instead of residential treatment youths may be required to attend an attendance centre in their leisure time for a limited period. In Scotland they may undergo supervision by the social work department. Young offenders may also be committed to the care of a fit person, usually a local authority. (from Britain in Brief..., p. 12) WORDS AND PHRASES 1. deter v— a impiedica, a descuraja convict v.— a condamna offender n — delincvent, raufticator, criminal penalty 2 — pedeapsi comply v—a consimti, a se supune 2. probation 2 — proba, libertate supravegheati imprisonment n ~ inchisoare; detentie behaviour n - comportament, comportare, purtare discretion n — latitudine; libertate de actiune; discern’mant fail v — a egua, a nu reugi si supervise v — a supraveghea; a dirija 3. commit va comite; a incredin{a; a incarcera establishment n — stabilire; institutie training n ~ instruire; instructie; educafie; antrenament welfare n— bundstare, prosperitate discharge v — a descirca; a elibera sentence v—a condamna 4, resort n — recurgere; recurs residential adj—rezidential, de locuit approve v—a aproba borstal n — institutie de reeducare pentru tinerii delincventi; gcoali de corectie 5. undergo v—a suferi; a trece prin; a indura , youth n — tanar, adolescent; tineret; tinerefe fit adj— potrivit, corespunzitor 33Jaw-breaker - infractor, delincvent, contravenient; cel care incalcd Jegea indictable offences - infractiuni pasibile de urmirire penal summary offences - infracjiuni care se judecd pe baza unei i “proceduri sumare” prescribed maxima - principii fundamentale prescrise; reguli de conduit& prescrise placed on probation - pus in libertate supravegheata courts have discretion - instantele au libertate de acfiune (sa...)/ latitudinea (si...) to pass a sentence - a pronunta o sentinta to pass a suspended sentence - a pronun{a o sentinfa cu suspendarea pedepsei/executarti to come into operation a intra in vigoare i.e. (latina: id est, cititi that is) adicd, gi anume KEY STRUCTURES Irregular Comparison of Adjectives Examples 1. As regards the Jess serious offences... 2. Subject to the condition that he commits no further offence... The following adjectives have an irregular comparison. good - better - the best bad, ill - worse - the worst much - more - the most many - more - the most little - less - the least far - farther, further - the farthest, the furthest old - (older), elder - (the oldest), the eldest Tate - (ater), the latter - (the latest), the last near - (nearer) - (the nearest), the next Farther means “mai indepartat.” Further means “suplimentar, aditional, in plus,” e.g. a further ques- tion means one more question.Older means 1. “mai bitrin,” 2. “mai vechi.” In referring to comparative ages in a family group, use elder, eldest, but attributively only. Later means “mai tarziu.” The latter means “(cel de) al doilea, acesta din urmi,” e.g. Dan and Peter are brothers. The former (Dan) is a teacher, the latter (eter) isa doctor. The latest means “cel mai recent, cel mai nou,” e.g. This is his lat- est novel, (speaking of a living writer). The Jast means “ultimul, final,” e.g. Shakespeare's last ply was The Tempest. EXERCISES I. Answer the following questions. 1.1. What are the chief aims of the penal system in Great Britain? 2. What is usually the sentence for serious offences? 3. What are most minor offences punished by? 2.1. What is an offender placed on probation required to do? 2. What discretion do courts have? 3. When will a suspended sentence come into operation? 3.1. What kinds of services are provided in prisons? 2. What kinds of prisons for young offenders are there in Great Britain? 4.1. What do special residential institutions for young offenders include? 4. Translate into English. 1. Infractiunile mai putin grave sunt pedepsite cu amend. 2. Cele mai grave infractiuni sunt pedepsite cu inchisoarea. 3. Casa mea este mai departe de facultate decat a ta. 4. Helen are doi frati; fratele mai mare este student Ja Facultatea de Drept. 5. Starea bolnavului a fost mai rea astizi decat ieri. 6. Judecitorul a cerut martorilor niste detalii supli- meatare. 7. Dintre cei doi martori la accident, primul (the former) era un copil, iar a] doilea era un tén&r tn fur de 25 de ani. 35JI. Complete the following sentences. 1.The criminal law presumes ... 2. Bvery accused person has the right ... 3. Most prosecutions in England and Wales ... 4. When an offender is placed on probation 5. Theft may be considered ... 6. In the special residential institutions ... IV. Fill in the blanks with the missing words. 1. For serious offences the sentence is usually o 5. An offender must also be placed ... . The offender should. be ... .. With a . officer. 4. Courts have ......... to charge an offender . 5. Prisons to which offenders may be ” .. directly by a court are known as . prisons. 6. Other prisons receive prisoners on .. from local prisons. 7. Training courses are ........0.. in prisons. 8. After. ...care for .. prisoners .... .. throughout Britain. V. Translate into English. 1. Un exemplu de infractiune care poate fi judecata in doua moduri este furtul, depinzénd de gravitatea modului in care acesta a fost comis. 2. In general, infractiunile care sunt judecate pe baza unei proceduri sumare sunt pedepsite cu o amenda. 3. Un infractor poate fi pus une- ori in libertate supravegheati. 4. in acest caz el trebuie si tind perma- nent Jegitura cu un ofifer de politic. 5. in perioada aceasta el trebuie si aibé o comportare buna gi s se supund unor anumite condifii. 6. Dac in perioada de proba nu indeplineste condifiile ce i se cer, el poate fi condamnat pentru infractiunea inifiali, 7. in inchisorile pentru infrac- torii tineri sunt organizate cursuri de reeducare. : 36