Файл: Unit criminal justice grammar.docx

I’d consider that useful to remind that... – Я бы считал полезным напомнить, что... Let me see for a moment... – Дайте подумать минутку...

I’m not sure but I believe... – Я не уверен, но мне кажется (я полагаю)...

That’s it. The role of... is great here. – Именно так. Здесь велика роль...

I would like to add (about the procedure)... – Я бы добавил (о процедуре)...

5.9. DEVELOPMENT

5.9.1. Read the text «Coroner's Courts» and make a synopsis of it in Russian.

Coroner's Courts

Coroners investigate violent and unnatural deaths or sudden deaths where the cause is unknown. Deaths may be reported to the local coroner (who is either medically or legally qualified, or both) by doctors, the police, the registrar, various public authorities or members of the public. If the death is sudden and the cause unknown, the coroner need not hold an inquest if, after a post-mortem examination has been made, he or she is satisfied that the death was due to natural causes. Where there is reason to believe that the deceased died a violent or unnatural death or died in prison or in other specified circumstances, the coroner must hold an inquest and it is the duty of the coroner’s court to establish how, when and where the deceased died. A coroner may sit alone, or in certain circumstances, with a jury. In Scotland the local procurator fiscal inquires privately into all sudden and suspicious deaths and may report the findings to the Crown Office. In a minority of cases a fatal accident inquiry may be held before the sheriff. For certain categories (such as deaths in custody) a fatal accident inquiry is mandatory. In addition, the Lord Advocate has discretion to instruct an inquiry in the public interest in cases where the circumstances give rise to public concern.

5.9.1 (1). Vocabulary Notes to text 5.9.1.

1) coroner – коронер (следователь, специальной функцией которого является расследование случаев насильственной или внезапной смерти);

2) the registrar – регистрационное бюро (чиновник-регистратор);

3) to hold an inquest – проводить расследование;

4) post-mortem – лат. вскрытие трупа;

5) the deceased – покойный;

6) to inquire privately – проводить частное расследование;

7) suspicious death – подозрительная смерть;

8) discretion – свобода действий.

UNIT 6. SYSTEM OF PUNISHMENT IN GREAT BRITAIN (PART I)

6.1. Grammar.

6.2. First Reading (Skimming Reading).

6.3. Scanning Reading .

6.4. Vocabulary and Word Study. 6.5. Texts on «Treatment of Offenders».

6.6. Reading for General Understanding.

6.7. Reading for Detail and Language Study.

6.8. Oral Practice.

6.9. Development.

6.1. GRAMMAR

6.1.1. Look through the table to see the function of the Infinitive in each sentence and the way of translating it.

6.1.2. Translate the following sentences, paying attention to the function of the Infinitive.

A simple majority of the jury is enough to reach a verdict.
The law presumes the accused not to be guilty until his guilt has been proven.
To use custody is a sanction of last resort.
The defendant prefers to be discharged at once.
The person is unfit to be tried.
To inform the defense of witnesses whose evidence may help the accused and whom the prosecution does not propose to call is a job of the prosecution.
To have made the same mistake twice was unforgivable.
He discovered how to open the safe.
The solicitor encouraged me to try to appeal again.
He was the only one to be imposed a sentence of imprisonment.
The defendant appears to have been waiting a long time.
The person is too young to arrest him.

6.2. FIRST READING OF THE TEXTS ON «TREATMENT OF OFFENDERS»

(SKIMMING READING) (TEXT 6.5)

6.2.1. Read the texts quickly and try to understand what they are about and what information is of primary importance or new to you.

6.2.2. Write down the law terms, known to you, in Russian.

6.2.3. Write a list of international words used in the texts. Use your dictionary to check their exact meaning.

6.3. SCANNING READING

6.3.1. Read the texts on «Treatment of Offenders» again.

6.3.2 (a). Choose the sentences about the functions of the Magistrates’ court in England and Wales and about the death penalty from the text «Custody» and translate them.

6.3.2 (b). Find the sentence saying about the purpose of probation and the sentence about the term, a court in England, Wales and Northern Ireland is free to pass, in the text «Probation».

6.3.3. Pick out the law terms from the text, which you do not know. Refer to a dictionary or the glossary if necessary.

6.4. VOCABULARY AND WORD STUDY

6.4.1. Read and memorize the active vocabulary to the texts on « Treatment of Offenders» and translate the given sentences.

1. arson – поджог; arsonist – поджигатель;

Arsonist is a person who is guilty of arson.

2. fine – пеня, штраф; to fine v – штрафовать, налагать пеню, штраф.

Offenders may be liable to a heavy fine. The court fined him £500.

3. parole – честное слово; on parole – освобожденный под честное слово; parole v – освобождать под честное слово.

4. suspend – приостанавливать, откладывать, временно прекращать; to suspend judgement – откладывать приговор; to suspend one's judgement – воздержаться от решения; suspended sentence – условный приговор;

During the crisis, the constitution was suspended. The criminal was given a suspended sentence.

suspension – приостановка, прекращение, временная отставка.

5. co-opt – кооптировать.

They co-opted a new member onto the committee.

6. repeal – аннулирование, отмена закона; repeal – аннулировать, отменять (закон). This law was repealed last year.

7. term – срок, определенный период; the term of life – пожизненно;

term of office – срок полномочий (судьи, присяжных, президента, сенатора и т. д.); to serve one's term – отбыть срок наказания.

Не was sentenced to a long term of imprisonment.

8. impose – облагать, накладывать штраф, ограничения, выносить приговор.

Не was imposed a fine of £ 150. Не was imposed a sentence of two years' imprisonment.

9.imprison – заключать в тюрьму;

Several of the rioters were imprisoned for causing a disturbance.

imprisonment – заключение в тюрьму.

He was sentenced to ten years' imprisonment.

10. mutiny – мятеж; mutinous – мятежный; mutinous behavior. mutinous workers (sailors, children).

6.4.2. Commentary and Notes to texts 6.5.

to be entirely a matter for the courts – находиться в юрисдикции суда;
the nature of each ... sentence – суть каждого ... приговора;
points of principle have arisen on individual cases – принципиальные вопросы, которые возникли из рассмотрения конкретных дел;
the subject of appeal – основание для апелляции;
the gravity of the offence – тяжесть правонарушения;
a positive justification – исключительное (исчерпывающее) основание;
consistent with the court’s duty – с учетом задачи судов;
life imprisonment – пожизненное заключение;
manslaughter – непредумышленное убийство;
arson – поджог;
statute book – собрание законодательства;
exceptional cases – особенные дела;
a failure to comply with them will make him or her liable to penalty – несогласие с ними повлечет за собой ответственность (наказание);
to administer supervision – осуществлять надзор;
custodial establishments – места заключения;
members co-opted from the local community – члены, кооптированные (выделяемые) местной общиной;
community service orders – общественные работы (неоплачиваемые);
a suspended sentence – условный приговор.

6.4.4. Improve your vocabulary.

Make the following sentences complete by translating the words and phrases in brackets.

Most prisoners in Great Britain (имеют право на уменьшение срока) of one-third of their sentence provided it does not reduce the sentence to less than five days.
Remission for those serving sentences of a year or less has been increased from a third to one-half of (приговор).
There is no remission for prisoners serving sentences under (гражданское право) and those serving sentences of unspecified length (for example, the criminally insane, whose (освобождение) depends upon improvement in their (душевное состояние).
In Northern Ireland (заключенные) serving a sentence of more than five days are eligible for remission of half their sentence.

SYSTEM OF PUNISHMENT IN GREAT BRITAIN (PART I)

6.5. TEXTS ON «TREATMENT OF OFFENDERS^»

6.5.1. Read texts on «Treatment of Offenders».

Sentencing

The sentence passed on an offender is entirely a matter for each courts, subject to the maximum penalty enacted by Parliament for each offence. The Government ensures that the courts have available an adequate range of sentences to suit the circumstances of each case and that they are well informed about the purpose and nature of each available sentence. The Court of Appeal issues guidance to the lower courts on sentencing issues when points of principle have arisen on individual cases which are the subject of appeal.

Custody

The Government believes that custody should be a sanction of last resort used only when the gravity of the offence means that there is a positive justification for a custodial sentence, or where the public needs to be protected from a dangerous offender. The Court of Appeal has stated that sentencers in England and Wales should examine each case in which custody is necessary to ensure that the term imposed is as short as possible, consistent with the courts^’ duty to protect the interests of the public and to punish and deter the criminal. A magistrates^’ court in England and Wales cannot impose a term of more than six months^’ imprisonment for each offence tried summarily, but may impose consecutive sentences subject to an overall maximum of 12 months’ imprisonment. If an offence carries a higher maximum penalty, it may commit the defendant for sentence at the Crown Court, which may impose – within the permitted statutory maximum – any other custodial penalty. As in the rest of Britain there is a mandatory sentence of life imprisonment for murder: this is also the maximum penalty for a number of serious offences such as robbery, rape, arson and manslaughter.

The death penalty has been repealed for almost all offences. It remains on the statute book for the offences of treason, piracy with violence and some other treasonable and mutinous offences; it has, however, not been used for any of these offences since 1946.

In Scotland the maximum penalty is determined by the status of the court trying the accused unless the sentence is limited by statute. In trials on indictment, the High Court may impose a sentence of imprisonment for any term up to life, and the sheriff court – any term up to three years but may send any person to the High Court for sentence if the court considers its powers are insufficient. In summary cases, the sheriff may normally impose up to three months’ imprisonment or six months for some repeated offences, although his powers are extended by statute in some exceptional cases. In the district court the maximum term of imprisonment is 60 days.

In Northern Ireland the position is generally the same as for England and Wales. A magistrates’ court, however, cannot commit an offender for sentencing at the Crown Court if it has tried the case; for certain summary offences, a magistrates’ court may impose a term of imprisonment for up to 12 months. There are also other circumstances when a magistrates’ court can impose imprisonment of more than six months.

Fines

The most common sentence is a fine, which is imposed in more than 80 per cent of cases. There is no limit to the fine which may be imposed on indictment; on summary conviction the maximum limit, except in certain exceptional circumstances, is £2,000 in England, Wales and Northern Ireland, and in Scotland £2,000 in the sheriff court and £ 1,000 in the district court.

Probation

At present in the United Kingdom the number of offenders subject to supervision in the community considerably exceeds the number in custody. The purpose of probation is to protect society by the rehabilitation of the offender, who continues to live a normal life in the community while subject to the supervision of a probation officer. Before placing an offender on probation, which may last from six months to three years, the court must explain the order in ordinary language, ensuring that the offender consents to the requirements of the order and understands that a failure to comply with them will make him or her liable to a penalty or to be dealt with for the original offence. In England and Wales such an order can be made only for offenders aged 17 years or more. In Scotland the minimum age is 16 years and in Northern Ireland 10 years. About 17 per cent of orders in England and Wales contain a variety of additional requirements concerning place of residence, attendance at day centers or treatment for mental illness.

The probation service in England and Wales also administers supervision orders, the community service scheme and parole. In addition, social work services are provided in custodial establishments.

In England and Wales the cost of the probation service is shared between central and local government and it is administered locally by probation committees of magistrates and members co–opted from the local community. In Scotland probation services are integrated with local authority social work departments, and in Northern Ireland the service is administered by a probation board, whose membership is representative of the community and which is funded by central government.

The probation service provides and maintains day centers and hostels together with schemes and programmes designed to meet the needs of a broad range of offenders, and, if possible, drawing the community into partnership in responding to offending.

Offenders aged 16 or over (17 in Northern Ireland) convicted of im–prisonable offences may, with their consent, be given community service orders. The court may order between

40 ad 240 hours’ unpaid service (the maximum in England and Wales is 120 hours for 16year-olds) to be completed within 12 months. (This does not apply in Northern Ireland.) Examples of work done include decorating the houses of old or disabled people and building adventure playgrounds. The number of community service orders made in England and Wales increased from 28,040 in 1981 to 34,580 in 1986 and in Scotland from 1,083 in 1981 to 3,150 in 1986. In Northern Ireland the number rose from 811 in 1986 to 841 in 1987.

In England, Wales and Northern Ireland a court is free to pass a suspended sentence of not more than two years. (A draft Treatment of Offenders (Northern Ireland) Order will allow sentences for serious offences to be suspended for up to five years.) The sentence is not served unless the offender is convicted of a further offence punishable with imprisonment; in that event the suspended sentence normally takes effect and another sentence may be imposed for the new offence. In England and Wales an offender receiving a suspended sentence of more than six months may be placed under the supervision of a probation officer for all or part of the period: courts also have the power, when passing a sentence of between three months’ and two years’ imprisonment, to order that part should be served and the rest held in suspense.

6.6. READING FOR GENERAL UNDERSTANDING

6.6.1. Choose the answer, which you think, is correct.

1. The sentence passed on an offender is entirely a matter for the courts. a) yes, it is true;

b) press or the party leaders can affect the sentence;

c)   the sentence passed on an offender depends on the executive power.

2. The Court of Appeal issues guidance to the lower courts on sentencing issues when points of principle have arisen on individual cases, which are the subject of appeal. a) there is no such practice;

b) the lower court does not always take into account the opinion of the Court of Appeal;

c)   the lower courts on principal issues arising on individual cases regard the guidance of the Court of Appeal as the base.

3. A magistrates’ court in England and Wales cannot impose a term of more than six months’ imprisonment for each offence.

a)   a magistrates’ court in England and Wales can impose a term of three years;

b) a magistrates’ court in England and Wales can impose a term of twelve months in case these are consecutive sentences;

c)   a magistrates’ court in England and Wales can impose a term of only three months.

4. As well as in the rest of Britain there is a mandatory sentence of life imprisonment for murder.

a)   yes, it is true, besides, this is also the maximum penalty for a number of serious offences;

b) no, life imprisonment is sentenced for theft and hooliganism;

c)   there is no life imprisonment in England at all.

5. The death penalty has been repealed for almost all offences.

a)   it is not true; it has not been repealed for rape;

b) more than 150 people are sentenced to the death penalty in England every year;