Criminal Trials in England

To cross-examine – перекресный допрос
Closing speech – прение сторон
Legal aid –юридическая помощь
Hearsay evidence – показания с чужих слов
Beyond reasonable doubt – вне разумных сомнений
Guilty or not guilty – виновный или невиновный
Prosecution – сторона обвинения
To presume the innocence – предполагать невиновность
Challenge – отвод (присяжным, свидетелям) / давать отвод
Acquittal – оправдательный приговор
Questions of law – вопросы права
Legal advisor - защитник
Unanimous verdict – Единодушный вердикт
Criminal offence – уголовное преступление
Open court – открытый судебный процесс
To sum up the evidence – подвести итог доказательств
Defence case – версия защиты
Right of appeal – право подачи апелляции
Dissenters - несогласные
Indictment – обвинительное заключение или акт
Witnesses - свидетели

Criminal trials in England and Wales have two parties: the prosecution and the defence. The prosecution must prove beyond reasonable doubt that the defendant committed the crime alleged. The law presumes the innocence of an accused person until guilt has been proven. An accused person has the right to employ a legal adviser and may granted legal aid from public funds.
Criminal trials are normally in open court and rules of evidence, which are concerned with the proof of facts are rigorously applied. If evidence is improperly admitted, a conviction can be quashed on appeal. Hearsay evidence is generally not admissible. The defendant cannot be questioned without consenting to be sworn as a witness in his of her own defence.
In a magistrates courts the trial begins when the justices clerk reads out details of the offence with which the defendant is charged. In Crown Court jury trials it begins with the reading of a formal document called the Indictment setting out the accusation being made against the defendant.
In both types of trial the prosecution then presents its case backed up by its witnesses.
The defendant can address the court in person or through a lawyer who cross- examines the prosecution witnesses and presents the defence case.

The prosecuting lawyer can cross- examine defence witnesses. Once the witnesses have given their evidence the prosecuting lawyer makes a closing speech followed by that of the defence lawyer who has the right to the last speech at the trial before the judge sums up for jury.
In magistrates court proceedings the bench of three magistrates takes the decision on whether the defendant is guilty or not guilty.
In Crown Court jury trials the judge decides questions of law, sums up the evidence and discharges the accused or passes sentence.

The jury is responsible for deciding whether a defendant is guilty or not guilty the latter verdict resulting in acquittal. If the jury cannot reach a unanimous verdict, the judge may permit it to bring in a majority verdict provided that in the normal jury of 12 people there are not more than two dissenters.
If the jury acquits the defendant, the prosecution has no right of appeal and the defendant cannot be tried again for the same offence. The defendant, however, has a right of appeal to a higher court if found guilty.
A jury is independent of the judiciary. Any attempt to interfere with a jury is a criminal offence.
Potential jurors are put on a panel before the start of the trial. The prosecution and the defence may challenge individual jurors on the panel giving reasons for doing so.

Дата добавления: 2015-10-29