Criminal Courts

There are two main kinds of courts, and two kinds of judicial officers to correspond with them. Courts of first instance are presided over by magistrates, who are normally Justices of the Peace (JPs); higher courts (“crown” courts) by judges, or in some cases, senior barristers specially appointed to perform judicial functions for part of their time.

Magistrates’ Courts

Every person charged with an offence is summoned to appear before a local magistrates’ court, which may impose a fine up to a general limit of Ј2,000 or twelve months’ imprisonment, though for some specified offences the law prescribe maximum penalties below these limits. With 98 per cent of cases the magistrates on the bench decide on guilt or innocence, and if necessary what penalty to impose. With more serious cases the magistrates can decide only to send them for trial in a crown court. A person accused before a magistrates’ court may demand to be sent for trial before a crown court in some of the more serious cases with which in general the magistrates could have dealt themselves.

A magistrates’ court normally consists of three Justices of the Peace (occasionally, two or four or more). The JPs are ordinary but worthy citizens who have been appointed to their positions by the Lord Chancellor on the advice of local appointing committees. JPs have no formal qualifications; they are chosen merely for their good reputation, often with the support of political parties or approved voluntary bodies. Once appointed, they are expected to attend courses of instruction about their work. There are 28,000 JPs in England; each of them works in the court on about 30-40 days a year.

Task 29. Choose the answer, which you think, is correct:

1. The initial decision to begin criminal proceeding 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 paters are passed to the Crown Prosecution Service.

a) no, the papers are to be 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 Prosecutions appoints Chief Crown prosecutor in every area out of 31 areas;

c) it is not quite so, as two or three Chief Crown Prosecutors 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 appear in 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 Secrets Act, large-scale conspiracies to import drugs and the prosecution of police officers.

10. The Lord Advocate is responsible for prosecution 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 there 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 officers;

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.

Дата добавления: 2014-12-17