The Judicial Power in Great Britain

The judicial system of Great Britain is pyramidal in organisation.

The House of Lords is the highest court in England. The House of Lords is known to be presided over by the Lord Chancellor. The Lord Chancellor is the highest judge in the Kingdom, but he hears only a very limited number of appeals from the Court of Appeal.

Turning to the English courts, one must first distinguish between criminal and civil jurisdiction, some courts having both jurisdictions, some only one.

Criminal jurisdiction. Criminal courts are concerned with wrongful acts harmful to community. A person charged by the police with an offence is sent to a Magistrates’ Court commonly known as a Police Court. Magistrates’ courts having only limited jurisdiction are presided over by groups of three unpaid, lay magistrates (also known as Justices of the Peace or JPs). Very often they have no legal qualifications, although they are given basic training when appointed. They are advised on points of law and procedure by a legally qualified clerk.

There are also a few stipendiary magistrates – full-time, legally qualified magistrates who sit alone. Magistrates hear and decide minor offences and refer more serious cases to the Crown Court, where a defendant can always choose to be tried by a jury.

The Crown Court, a court of general jurisdiction, deals with trials of a more serious nature or appeals from Magistrates’ Courts and is presided over by a judge, who must be a barrister or a solicitor with at least ten years experience.

Defendants who declare themselves not guilty of a crime are tried by a jury of twelve people. The judge decides on points of law, sums up evidence for the jury and instructs it on the relevant law. However, it is the jury alone that decides whether a defendant is guilty or not guilty.

Civil jurisdiction. As for the civil courts, there is a trial court for the whole England, with the unlimited jurisdiction in all civil cases – the High Court of Justice, which is both a court of first instance and of appeal.

Minor civil cases are tried in the County Courts. They have nothing to do with counties; the name was selected for historical reasons. These courts are of limited jurisdiction.

Civil courts are concerned with individual rights, duties and obligations towards one another: property rights, family relations, business, etc.

Appeals against the sentences given in the Crown Court are sent to the Court of Appeal. The Court of Appeal is the intermediate appellate tribunal in England. It hears appeals from the High Court and criminal courts of inferior instance. Appeals on cases of great public importance are dealt with by the House of Lords – the final court of appeals. When the House of Lords acts as a judicial body rather than a legislative one, it is composed only of the Lords of Appeal in the Ordinary (члены палаты Лордов, рассматривающие апелляции).

The system in Northern Ireland is similar, but the system in Scotland is different.

5. Read the text and say if the following statements are true or false. Useful expressions:

No, it is not true, it’s false. Yes, it’s true. There’s a mistake in this statement. It says: ……… while it should be…...

1. The House of Lords hears only a great number of appeals from the Court of Appeal.

2. A person charged by the police with an offence is sent to the Crown Court.

3. Magistrates’ courts have unlimited jurisdiction.

4. Magistrates’ courts are presided over by groups of three Justices of the Peace.

5. Magistrates’ courts hear and decide serious offences.

6. The Crown Court deals with minor offences.

7. In the Crown Court a defendant can always choose to be tried by a jury.

8. In the Crown Court it is the judge alone that decides whether a defendant is guilty or not guilty.

9. The High Court of Justice has limited jurisdiction in civil cases.

10.Minor civil cases are tried in the County Courts.

6. Answer the following questions:

1. How is the judicial system of Great Britain organized?

2. What body is the highest court in England?

3. What Lords is the highest judicial power composed of?

4. Who is the House of Lords presided by?

5. Who is the Highest Judge?

6. What cases does the House of Lords hear?

7. What appeals does the Court of Appeal hear?

8. What jurisdiction do the English courts have?

9. What acts are criminal courts concerned with?

10.What kind of cases are civil courts concerned with?

11.What courts does the criminal jurisdiction include?

12.Who does the Crown Court consist of?

13.What are the functions of a judge in the Crown Court?

14.How many people is a jury composed of?

15.What cases does the Crown Court deal with?

16.Who are the Magistrates’ Courts presided over?

17.Do Justices of Peace have legal qualification?

18.Who are they advised by on the points of law and procedure?

19.What cases do the Magistrates’ Courts deal with?

20.Where do the Magistrates’ Courts refer serious cases and appeals to?

7. Match the following words and phrases with their definitions:

1) judiciary	a) anything that gives reason to believe
2) statute law	b) paid magistrate
3) common law	c) not legally trained judges of inferior courts
4) precedent	d) chosen persons who inquire into the charge in order to decide whether the defendant is guilty or not
5) lay magistrate	e) the system of law courts in the country
6) legal qualifications	f) all the laws passed by Parliament
7) stipendiary magistrate	g) legally trained judges
8) defendant	h) take a case to a higher court
9) jury	i) unwritten law developed from old customs
10) trial	g) earlier decision taken as an example
11) appeal	k) examination in a law court before a judge
12) evidence	l) person against whom legal action is brought

8. Translate the following from Russian into English in writing:

1) В королевском суде председательствует профессиональный су­дья – барристер или солиситор. 2) Статуты принимаются, как пра­вило, парламентом. 3) Лицо, обвиненное в совершении преступле­ния, направляется в магистратский суд. 4) Магистратские судьи мо­гут быть как профессиональными судьями, так и не имеющими про­фессиональной подготовки. 5) Магистратские судьи без правового образования иначе называются мировыми судьями. 6) Парламент и другие органы, действующие от его имени, несут ответственность за принятие законов. 7) Магистратские суды имеют дело с определен­ными мелкими нарушениями. 8) Высокий Суд Правосудия является как судом первой инстанции, так и апелляционным судом.

9. Match the following English and Russian equivalents:

1) The court is presided over… 2) to hear a limited number of appeals 3) appeals on the points of law 4) to be concerned with wrongful acts harmful to community 5) to be concerned with duties and obligations towards one another 6) to sum up evidence for the jury 7) to decide on the points of law 8) to have no legal qualification 9) to be advised by a legally qualified clerk 10) to deal with minor offences 11) to refer serious cases and appeals 12) the points of law and procedure

а) рассматривать обязанности и обязательства по отношению друг к другу b) подытожить результаты судеб­ного расследования для присяжных c) не иметь квалификации юриста d) в суде председательствует e) направлять серьёзные дела и апелляции f) рассматривать мелкие правонару­шения g) консультироваться у юридически квалифицированного служащего h) заслушивать ограниченное число апелляций i) иметь дело с незаконными дейст­виями, наносящими вред обществу j) определять статьи законы k) апелляции по вопросам закона l) вопросы права и судебного производства

SPEAKING

1. Reproduce this interview as close to the original as possible:

How Does Judiciary Work?

A.: In what does statute law differ from common law?

B.: Statute laws are made by Parliament or other bodies acting on its behalf (от его имени), while common laws have developed from the decisions based on custom and precedent.

A.: If a man commits a crime, he is sent to a magistrates’ court. How does it work? Who presides over it?

B.: Magistrates’ courts deal with minor offenses. They are presided over by two kinds of magistrates or justices of the peace (JPs for short): lay magistrates who are unpaid, often without legal qualifications and a few stipendiary magistrates who are full-time and legally qualified.

A.: But isn’t it a bit risky if a case is heard and decided by a judge who has no special legal qualifications?

B.: I’d like to remind you (хотел бы Вам напомнить) that, on their appointment, lay magistrates are given basic legal training and in their work they are advised on points of law and procedure by a legally qualified clerk

A.: And what courts hear more serious cases?

B.: More serious criminal cases are heard in the Crown Court. Civil cases of lesser value, importance and complexity are tried by County Courts. The High Court deals principally with more substantial and complex civil cases.

Дата добавления: 2015-11-14