Trial in the United Kingdom

Criminal trials in the United Kingdom take the form of a contest between the prosecution and the defence. Since the law presumes the innocence of an accused person until guilt has been proved, the prosecution is not granted any advantage, apparent or real, over the defence. A defendant (in Scotland, called an accused) has the right to employ a legal adviser and may be granted legal aid from public funds. If remanded in custody, the person may be visited by a legal adviser to ensure a properly prepared defence. In England, Wales and Northern Ireland during the preparation of the case, the prosecution usually tells the defence of the relevant documents which it is not proposed to put in evidence and discloses them if asked to do so. The prosecution should also inform the defence of witnesses whose evidence may help the accused and whom the prosecution does not propose to call. The defence or prosecution may suggest that the defendant’s mental state renders him or her unfit to be tried. If the jury (or in Scotland, the judge) decides that this is so, the defendant is admitted to a specified hospital.

Criminal trials are normally in open court and rules of evidence (concerned with the proof of facts) are rigorously applied. If evidence is improperly admitted, a conviction can be quashed on appeal. During the trials the defendant has the right to hear or cross- examine witnesses for the prosecution, normally through a lawyer; to call his or her own witnesses who, if they don’t attend voluntarily, may be legally compelled to attend; and to address the court in person or though a lawyer, the defence having the right to the last speech at the trial. The defendant can be questioned only if he agrees to be sworn as a witness in his or her own defence. When he or she does testify, cross-examination about character or other conduct may be made only in exceptional circumstances; generally the prosecution may not introduce such evidence.

In jury trials the judge decide questions of law, sums up the evidence for the jury and instructs it on the relevant law, and discharges the accused or passes sentence. Only the jury decides whether the defendant is guilty or not guilty. In England and Wales, if the jury cannot reach a unanimous verdict, the judge may direct it to bring in a majority verdict provided that, in the normal jury of 12 people, there are not more than two dissentients. If the jury returns a verdict of ‘not guilty’, the prosecution has no right of appeal and the defendant cannot be tried again for the same offence. In the event of a ‘guilty’ verdict, the defendant has a right of appeal to the appropriate court.

Exercise 3.15. Find the words with the similar meaning among the following:

Trial, protection, contest, to secure, law, a defendant, to presume, statute, defence, court, custody, proof, fault, to suppose, adviser, to judge, to ensure, guilt, to try, judgement, evidence, jail, the accused, to witness, to question, dispute, to testify, counselor, sentence, to interrogate.

Exercise 3.16. Give the Russian equivalents to the following word combinations.

· to presume the innocence

· to grant any advantage

· to be remanded in custody

· to put in evidence

· mental state

· a specified hospital

· to be quashed on appeal

· to compel to attend

· exceptional circumstances

· to discharge the accused

· a majority verdict

· to be tried again for the same offence

Exercise 3.17. Finish the sentences using the words in brackets.

1. Mr. Black was freed because his legal adviser had proved his (guilt / innocence / participation).

2. Witnesses for the prosecution are usually (interrogated / cross-examined / questioned) to find out the true facts of the crime.

3. He remains in prison awaiting (court / trial / justice) on major fraud charges.

4. Huge amounts of government money are spent on (defence / safeguard / protection).

5. In his (proof / argument / evidence), Mr. Ferguson said that he had never met Mr. Jones.

6. A third witness (swore / concealed / doubted) that he had often seen the knife in Potter’s possession.

7. He was legally (forced / compelled / made) to attend the trial to testify in favour of the accused.

Exercise 3.18. Give English equivalents to the following words and expressions.

· юридическая помощь

· нанять адвоката

· государственные средства

· надлежащим образом подготовленная защита

· подвергаться судебному разбирательству

· открытое судебное разбирательство

· обратиться к суду лично

· последнее слово в суде

· делать выводы в отношении доказательств

· единогласное решение

· присяжных

· выносить вердикт

· право аппеляции

Exercise 3.19. Match each word on the left with the correct definition on the right. Consult the dictionary when necessary.

a) unfit

b) to testify

c) defence

d) appeal

1. a formal request for a court of law or similar authority to change its decision

2. to make a statement about something you saw, know, or experienced, usually in a court of law

3. something that you are morally or legally allowed to do or have

4. all the things that are said and shown in a court case to prove that someone is not guilty

e) guilt

f) right

g) state

h) conviction

5. the physical or mental condition of someone at a particular time, usually when this is bad in some way

6. not having the right qualities to do a particular job or activity

7. the fact that someone has committed a crime

8. a decision by a court of law that someone is guilty of a crime

Exercise 3. 20. Translate the micro text “Appeals” in the written form.

Appeals

A person convicted by a magistrates’ court may appeal to the Crown Court against the sentence imposed if he has pleaded guilty; or against the conviction or sentence imposed if he has not pleaded guilty. Where the appeal is on a point or procedure of law, either the prosecutor or the defendant may appeal from the magistrates’ court to the High Court. Appeals from the Crown Court, either against conviction or against sentence, are made to the Court of Appeal (Criminal Division). The House of Lords is the final appeal court for all cases, from either the High Court or the Court of Appeal. Before a case can go to the Lords, the court hearing the previous appeal must certify that it involves a point of law of general public importance and either that court or the Lords must grant leave for the appeal to be heard. The nine Lords of Appeal in Ordinary are the judges who deal with Lords appeals.

Exercise 3.21. Explain the meanings of the following words and expressions.

ü to plead guilty

ü sentence

ü the Court of Appeal

ü conviction

ü public importance

Exercise 3. 22. Read the text “What is Criminal Procedure?” and complete the following tasks.

a) Say what the main idea of each paragraph is.

b) Translate the Russian words in the text from Russian into English.

Choose from: to bear on; bodies; settling; adjudicated; be in charge of; presides over; defense attorneys; abuse; be entrusted; observed; effective; is pitted against; carrying out; sanctions; fair; to justify.

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