ВУЗ: Не указан
Категория: Не указан
Дисциплина: Не указана
Добавлен: 05.12.2023
Просмотров: 394
Скачиваний: 2
ВНИМАНИЕ! Если данный файл нарушает Ваши авторские права, то обязательно сообщите нам.
СОДЕРЖАНИЕ
;
6) the Serious Fraud Office – Министерство по борьбе с крупными мошенничествами;
7) the Prosecution of Offences Act 1985 – Акт 1985 г. об обвинении правонарушителей;
8) to provide lawyers – предписывать юристам;
9) to brief barristers to appear – поручать барристерам выступать;
10) the Chief Crown Prosecutor – главный королевский обвинитель;
11) to avoid suggestions of local influence – избегать влияния (советов) местных властей;
12) the Official Secrets Act – Акт об официальных секретных документах;
13) discharging his duties… – исполняя свои обязанности…;
14) the High Court of Justifier – Высший суд;
15) the Crown Agent – королевский представитель;
16) the Solicitor-General for Scotland – Генеральный стряпчий по делам Шотландии;
17) to try on indictment – судить по обвинительному акту;
18) summary offence – преступление, преследуемое в порядке суммарного производства.
4.4.3 (a). Form adjectives of the following verbs.
4.4.3 (b). Form nouns of the following verbs.
Refer to a dictionary to see the change of consonants for V + sion
4.4.3 (c). Use the prefix dis- to form verb derivatives with the negative meaning or indicating reversal.
4.4.4. Improve your vocabulary.
Make the following sentences complete by translating the words and phrases in brackets.
4.5. TEXT “CRIMINAL COURTS”
4.5.1. Read the text “Criminal Courts”.
In England and Wales the initial decision to begin criminal proceedings normally lies with the police. Once the police have brought a criminal charge, the papers are passed to the Crown Prosecution Service which decides whether the case should be accepted for prosecution in the courts or whether the proceedings should be discontinued. In Scotland public prosecutors (procurators fiscal) decide whether or not to bring proceedings. In Northern Ireland there is a Director of Public Prosecutions. In England and Wales (and exceptionally in Scotland) a private person may institute criminal proceedings. Police may issue cautions, and in Scotland the procurator fiscal may warn, instead of prosecuting.
In April 1988 the Serious Fraud Office, a government department was established to investigate and prosecute the most serious and complex cases of fraud in England, Wales and Northern Ireland.
The Crown Prosecution Service was established in England and Wales by the Prosecution of Offences Act 1985. The Director of Public Prosecutions is the head of the Service, which is responsible for the prosecution of criminal offences in magistrates courts and the Crown Court. The Service is divided into 31 areas with a locally based Chief Crown Prosecutor, heading each. He is appointed by the Director of Public Prosecutions. The Service provides lawyers to prosecute cases in the magistrates’ courts and briefs barristers to appear in the Crown Court. Although the decision to prosecute is generally delegated to the Chief Crown Prosecutors, some cases are dealt with by the headquarters of the Service; these include cases of national importance, exceptional difficulty or great public concern and those which require that suggestions of local influence be avoided. Such cases might include terrorist offences, breaches of the Official Secrets Act, large – scale conspiracies to import drugs and the prosecution of police officers.
Discharging his duties through the Crown Office, the Lord Advocate is responsible for prosecutions in the High Court of Justiciary, sheriff courts and district courts. There is no general right of private prosecution; with a few minor exceptions crimes and offences may be prosecuted only by the Lord Advocate or his deputes or by the procurators fiscal, who are the Lord Advocate’s local officials. The permanent adviser to the Lord Advocate on prosecution matters is the Crown Agent, who is head of the procurator fiscal service and is assisted in the Crown Office by a staff of legally qualified civil servants, all of whom have had experiences deputy procurators fiscal. Prosecutions in the High Court are prepared by procurators fiscal and Crown Office officials and prosecuted by the Lord Advocate, the Solicitor-General for Scotland (the Lord Advocate’s ministerial deputy) and advocates deputy who are collectively known as Crown Counsel. Crimes prepared and tried before the sheriff and district courts, procurators fiscal prosecute them. The police and other law enforcement agencies investigate crimes and offences and report to the procurator fiscal, who decides whether or not to prosecute, subject to the directions of Crown Counsel.
Under the Criminal Justice (Scotland) Act 1987 a procurator fiscal may make a conditional offer of fixed penalty to an alleged offender in respect of certain minor offences as an alternative to prosecution: the offender is not obliged to accept an offer but if he or she does so the prosecution loses the right to prosecute.
The Director of Public Prosecution for Northern Ireland, who is responsible to the Attorney General, prosecutes all offences tried on indictment, and may do so in summary cases of a serious nature. Other summary offences are prosecuted by the police.
4.6. READING FOR GENERAL UNDERSTANDING
4.6.1. Choose the answer, which you think, is correct.
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 by 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 Prosecution appoints Chief Crown Prosecutor in every area out of 31 areas;
c) it is not quite so, as two or three Chief Crown Prosecutor 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 paper 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 Secret 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.
4.6.2. Pick out from the text “Criminal Courts” all the word combinations with the following words (terms) and give their Russian equivalents.
4.7. READING FOR DETAIL AND LANGUAGE STUDY
4.7.1. Find in the text “Criminal Courts” the English equivalents for the following phrases:
- начать уголовное судопроизводство;
- уголовное обвинение;
- частное лицо;
- вынести обвинение;
- поддерживать (отвечать за) обвинение по уголовным преступлениям;
- главный уголовный обвинитель;
- некоторые дела направляются в штаб службы;
- суды шерифа и районные суды;
- гражданские служащие, имеющие юридическую квалификацию;
- расследовать преступления и правонарушения.
4.7.2. Explain the meanings of the following words and expressions.
- the Crown Prosecution Service;
- public prosecutors (procurators fiscal);
- to issue cautions;
- to prosecute;
- The Serious Fraud Office;
- the Director of Public Prosecutions;
- to appear in the Crown Court;
- cases of national importance;
- the Lord Advocate;
- the permanent adviser;
- an alternative to prosecution.
4.7.3. Translate part of text 4.5, which is of greatest to you, in written form.
4.7.4. Translate the micro texts “Criminal Courts”, “Magistrates’ Courts” in written form.
6) the Serious Fraud Office – Министерство по борьбе с крупными мошенничествами;
7) the Prosecution of Offences Act 1985 – Акт 1985 г. об обвинении правонарушителей;
8) to provide lawyers – предписывать юристам;
9) to brief barristers to appear – поручать барристерам выступать;
10) the Chief Crown Prosecutor – главный королевский обвинитель;
11) to avoid suggestions of local influence – избегать влияния (советов) местных властей;
12) the Official Secrets Act – Акт об официальных секретных документах;
13) discharging his duties… – исполняя свои обязанности…;
14) the High Court of Justifier – Высший суд;
15) the Crown Agent – королевский представитель;
16) the Solicitor-General for Scotland – Генеральный стряпчий по делам Шотландии;
17) to try on indictment – судить по обвинительному акту;
18) summary offence – преступление, преследуемое в порядке суммарного производства.
4.4.3 (a). Form adjectives of the following verbs.
4.4.3 (b). Form nouns of the following verbs.
Refer to a dictionary to see the change of consonants for V + sion
4.4.3 (c). Use the prefix dis- to form verb derivatives with the negative meaning or indicating reversal.
4.4.4. Improve your vocabulary.
Make the following sentences complete by translating the words and phrases in brackets.
-
In the 1980s and in the 1990s the (центральное правительство) increased its expenditures on the London police and courts as well as its grants towards the cost of local police forces. -
The size of police forces (был увеличен) and the pay of the police and courts was increased more generously than that of many other workers in the public sector. -
But all this expenditure to promote “law and order” has not stopped the (рост преступлений).
4.5. TEXT “CRIMINAL COURTS”
4.5.1. Read the text “Criminal Courts”.
Criminal Courts
In England and Wales the initial decision to begin criminal proceedings normally lies with the police. Once the police have brought a criminal charge, the papers are passed to the Crown Prosecution Service which decides whether the case should be accepted for prosecution in the courts or whether the proceedings should be discontinued. In Scotland public prosecutors (procurators fiscal) decide whether or not to bring proceedings. In Northern Ireland there is a Director of Public Prosecutions. In England and Wales (and exceptionally in Scotland) a private person may institute criminal proceedings. Police may issue cautions, and in Scotland the procurator fiscal may warn, instead of prosecuting.
In April 1988 the Serious Fraud Office, a government department was established to investigate and prosecute the most serious and complex cases of fraud in England, Wales and Northern Ireland.
England and Wales
The Crown Prosecution Service was established in England and Wales by the Prosecution of Offences Act 1985. The Director of Public Prosecutions is the head of the Service, which is responsible for the prosecution of criminal offences in magistrates courts and the Crown Court. The Service is divided into 31 areas with a locally based Chief Crown Prosecutor, heading each. He is appointed by the Director of Public Prosecutions. The Service provides lawyers to prosecute cases in the magistrates’ courts and briefs barristers to appear in the Crown Court. Although the decision to prosecute is generally delegated to the Chief Crown Prosecutors, some cases are dealt with by the headquarters of the Service; these include cases of national importance, exceptional difficulty or great public concern and those which require that suggestions of local influence be avoided. Such cases might include terrorist offences, breaches of the Official Secrets Act, large – scale conspiracies to import drugs and the prosecution of police officers.
Scotland
Discharging his duties through the Crown Office, the Lord Advocate is responsible for prosecutions in the High Court of Justiciary, sheriff courts and district courts. There is no general right of private prosecution; with a few minor exceptions crimes and offences may be prosecuted only by the Lord Advocate or his deputes or by the procurators fiscal, who are the Lord Advocate’s local officials. The permanent adviser to the Lord Advocate on prosecution matters is the Crown Agent, who is head of the procurator fiscal service and is assisted in the Crown Office by a staff of legally qualified civil servants, all of whom have had experiences deputy procurators fiscal. Prosecutions in the High Court are prepared by procurators fiscal and Crown Office officials and prosecuted by the Lord Advocate, the Solicitor-General for Scotland (the Lord Advocate’s ministerial deputy) and advocates deputy who are collectively known as Crown Counsel. Crimes prepared and tried before the sheriff and district courts, procurators fiscal prosecute them. The police and other law enforcement agencies investigate crimes and offences and report to the procurator fiscal, who decides whether or not to prosecute, subject to the directions of Crown Counsel.
Under the Criminal Justice (Scotland) Act 1987 a procurator fiscal may make a conditional offer of fixed penalty to an alleged offender in respect of certain minor offences as an alternative to prosecution: the offender is not obliged to accept an offer but if he or she does so the prosecution loses the right to prosecute.
Northern Ireland
The Director of Public Prosecution for Northern Ireland, who is responsible to the Attorney General, prosecutes all offences tried on indictment, and may do so in summary cases of a serious nature. Other summary offences are prosecuted by the police.
4.6. READING FOR GENERAL UNDERSTANDING
4.6.1. Choose the answer, which you think, is correct.
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 by 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 Prosecution appoints Chief Crown Prosecutor in every area out of 31 areas;
c) it is not quite so, as two or three Chief Crown Prosecutor 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 paper 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 Secret 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.
4.6.2. Pick out from the text “Criminal Courts” all the word combinations with the following words (terms) and give their Russian equivalents.
4.7. READING FOR DETAIL AND LANGUAGE STUDY
4.7.1. Find in the text “Criminal Courts” the English equivalents for the following phrases:
- начать уголовное судопроизводство;
- уголовное обвинение;
- частное лицо;
- вынести обвинение;
- поддерживать (отвечать за) обвинение по уголовным преступлениям;
- главный уголовный обвинитель;
- некоторые дела направляются в штаб службы;
- суды шерифа и районные суды;
- гражданские служащие, имеющие юридическую квалификацию;
- расследовать преступления и правонарушения.
4.7.2. Explain the meanings of the following words and expressions.
- the Crown Prosecution Service;
- public prosecutors (procurators fiscal);
- to issue cautions;
- to prosecute;
- The Serious Fraud Office;
- the Director of Public Prosecutions;
- to appear in the Crown Court;
- cases of national importance;
- the Lord Advocate;
- the permanent adviser;
- an alternative to prosecution.
4.7.3. Translate part of text 4.5, which is of greatest to you, in written form.
4.7.4. Translate the micro texts “Criminal Courts”, “Magistrates’ Courts” in written form.