CRIMINAL JUSTICE AND CRIMINAL PROCEEDINGS PROFESSIONAL ENGLISH IN USE FOR LAW

PROFESSIONAL ENGLISH IN USE FOR LAW CRIMINAL JUSTICE AND CRIMINAL PROCEEDINGS

 

Duncan Ritchie, a barrister, is talking to a visiting group of young European lawyers.

A Criminal justice ‘The state prosecutes those charged with a crime. The police investigate a crime and may apprehend suspects and detain them in custody. If the police decide an offender should be prosecuted, a file on the case is sent to the Crown Prosecution Service (CPS) – the national prosecution service for England and Wales. The CPS must consider whether there is enough evidence for a realistic prospect of conviction, and if so, whether the public interest requires a prosecution. They can decide to either go ahead with the prosecution, send the case back to the police for a caution, or take no further action. B Categories of criminal offence ‘There are three categories of criminal offence. Summary offences, tried without a jury, are minor crimes only triable in the Magistrates’ Court. Indictable offences are serious crimes, such as murder, which can only be heard in the Crown Court. The formal document containing the alleged offences, supported by the facts, is called the indictment. C Criminal court proceedings ‘The English system of justice is adversarial, which means that each side collects and presents their own evidence and attacks their opponent’s by cross-examination. In a criminal trial, the burden of proof is on the prosecution to prove beyond reasonable doubt that the accused is guilty. A person accused or under arrest for an offence may be granted bail and temporarily released. EXERCISES 5.1 Complete the definitions. Look at A and B opposite to help you. 1 a __________ __________ __________ - a court document authorising the police to detain someone. 2 an __________ - a written statement with details of the crimes someone is charged with. 3 a __________ - a formal order to attend court. 5.2 Make word combinations from A, B and C opposite using words from the box. Then use appropriate word combinations to complete the sentences below. criminal defence indictable reduced realistic reasonable sentence costs plea offences doubt proceedings severe prospect penalties guilty           1 The Crown Prosecutor considers whether there’s sufficient evidence to provide a _________ _________ of conviction. 2 There should be no conviction without proof beyond _________ _________. 5.3 Replace the underlined words and phrases with alternative words and phrases from A, B and C opposite. Pay attention to the grammatical context. There is more than one possibility for one of the answer. 1 Bail may be refused and the defendant may be (1) held in police custody. 2 Alternatively, the defendant may be (2) found not guilty by the court and discharged. 5.4 Put the sentences in 5.3 into the correct order chronologically. Look at A, B and C opposite to help you. The first stage is f.

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