C R I M E any ACT or OMISSION (of an act) that - violates the law - is against the community - is punishable by the state
Criminal justice THE POLICE - investigate a crime - apprehend suspects - detain them in custody - send a file of the case to CPS (Crown Prosecution Service) THE STATE - prosecutes those charged with a crime a) The State Crown Prosecution Service (CPS) CPS - established by the Prosecution of Offences Act 1985 (began operating in 1986); before 1986 prosecutions were brought by the state and conducted by the police - Crown Prosecutors b) Private individual or business (private prosecutors bring prosecutions)
STARTING THE PROCEEDINSG 1. the police apprehend suspects and decide whether the offender should be prosecuted 2. if so, a file is sent to the CPS 3. CPS reviews the file and decides whether there is a realistic prospect of conviction and whether a prosecution would be in the public interest 4. CPS must be sure that the evidence is legally admissible and reliable, taking account of the witnesses
Initiation of criminal proceedings by The serving of a summons setting out the offence and requiring the accused to attend court A warrant of arrest issued by a Magistrates’ Court (in more serious cases)
Criminal courts Which courts in England and Wales exercise criminal jurisdiction?
INDICTABLE serious crimes (e.g.murder) triable on INDICTMENT CROWN COURT (judge and jury) SUMMARY minor crimes MAGISTRATES’ COURT (without a jury) TRIABLE EITHER WAY OFFENCES (the middle range of crimes) Magistrates’ Court or Crown Court
TREASON the most serious crime against the state (punishable by death) FELONY more serious crimes (murder, manslaughter, rape, arson, burglary, theft, bigamy etc.) MISDEMEANOR less serious crimes (minor assaults, conspiracy, perjury, blasphemy, fraud, road traffic offences)
TREASON ARRESTABLE OFFENCES (sentence is fixed by law – 5 or more years; anybody can make an arrest without warrant) OTHER OFFENCES (no power of arrest)
CRIMES AGAINST the AGAINST the STATE and PERSON PUBLIC PEACE and ORDER AGAINST PROPERTY
Adversarial system of justice (each side collects and presents their own evidence and attacks their opponent’s cross examination) PROSECUTION DEFENCE (prosecutor, (defendant prosecuting attorney) defence counsel) (has to prove beyond reasonable (the accused is presumed innocent doubt that the accused is guilty) until proved to be guilty - can PLEAD GUILTY or NOT GUILTY)
A) Person who has been deprived of his/her free will and self-control (insanity, coercion, necessity, etc.) B) Person who is one of the class of persons subject to special rules ( foreign sovereigns and diplomats, minors under ten years, etc.)
DRUNKENNESS or INTOXICATION DEFENCE only if A) induced by others, without fault on the part of the accused; B) produces temporary insanity or negates the specific degree of intent required by the offence charges
Compare the following articles of the Croatian Criminal Code with English criminal law. Translate into English Članak 8. (1) Kazneni postupak za kaznena djela pokreće Državno odvjetništvo u interesu Republike Hrvatske i svih njezinih građana. (2) Iznimno za određena kaznena djela može se zakonom propisati da se kazneni postupak pokreće privatnom tužbom ili da Državno odvjetništvo pokreće kazneni postupak povodom prijedloga. Članak 25. (1) Kazneno djelo može se počiniti činjenjem ili nečinjenjem.
Essential expressions to try sb for sth = suditi nekome za nešto, voditi sudski postupak triable = koji se može tužiti, suditi a trial = su đ enje indictment = optužnica, optužni prijedlog indictable offence = teško kazneno djelo, kazneno djelo koji se goni po službenoj dužnosti summary offences = lakše kazneno djelo Criminal Law Act = kazneni zakon to charge with an offence = optužiti za kazneno djelo a charge of murder = optužba za ubojstvo to prosecute (vs. to defend) = podignuti optužnicu za kazneno djelo; kazneno goniti prosecution vs. defence = tužiteljstvo vs. obrana prosecutor = tužitelj vs. branitelj criminal liability = kaznena odgovornosti beyond any resonable doubt = izvan svake razborite sumnje to exempt; an exemption to be exempt from criminal liability = biti izuzet od kaznene odgovornosti drunkenness or intoxication = pijanstvo ili alkoholiziranost treason = izdaja (high treason = veleizdaja) felony = težak zločin misdemeanor =prekršaj
Vocabulary exercise I Complete the definitions. 1. a …………. ………… ………… - a court document authorizing 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
Vocabulary exercise I – Answer key 1. warrant of arrest 2. indictment 3. summons
Vocabulary exercise II Make word combinations of the words in the box and use appropriate ones to complete the sentences below. 1 The Crown Prosecutor considers whether there’s sufficient evidence to provide a …………….... ………………. of conviction. 2. There should be no conviction without proof beyond ….. …….. 3. The Crown Court always hears ……......…… …………….… such as manslaughter. 4. In sentencing serious crimes, courts can impose … …… …… …... 5. At the end of a trial, a defendant may be ordered to pay a contribution towards ……………….. ………………... criminal doubt sentence indictable severe plea realistic guilty reasonable defence proceedings costs reduced prospects offences penalties
Vocabulary exercise II – Answer key 1 The Crown Prosecutor considers whether there’s sufficient evidence to provide a realistic prospects of conviction. 2. There should be no conviction without proof beyond reasonable doubt. 3. The Crown Court always hears indictable offences such as manslaughter. 4. In sentencing serious crimes, courts can impose severe penalties. 5. At the end of a trial, a defendant may be ordered to pay a contribution towards defence costs.
Vocabulary exercise III Replace the underlined words and phrases with alternative words and phrases from the box. 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. 3. Once proceedings have been initiated, the defendant (3) comes before the court. 4. The police formally (4) accuse the suspect in the police station. 5. If the offender pleads guilty in the Magistrates’ Court, the court imposes a(5) punishment. 6. The police investigate a serious offence and (6) arrest a suspect. 7. The suspect may ask for (7) release from custody before trial. aquitted sentence/penalty detained bail appears charge apprehend