IV. Be ready to speak on the topic.

Prosecution

The prosecution of offenders in England and Wales is the responsibility of the Crown Prosecution Service. It was set up in 1986 to prosecute criminal cases resulting from police investigations. The Head of CPS is the Director of Public Prosecutions (DPP). The CPS handles about 1,4 million cases every year and employ about 6, 000 staff. Over 2,000 of these staff are barristers or solicitors.

After the Police have investigated a crime and passed the paper to the CPS, one of the lawyers – called A Crown Prosecutor – carefully reviews the papers to decide whether or not to go ahead with the case. The prosecutor’s decision is based on the two tests set out in the Code for Crown Prosecutors.

The code is a booklet which sets out general principles which prosecutors must apply when they decide whether to continue a case.

The two tests set out in the Code are as follows: Is there enough evidence? Is it “in the public interest” for us to prosecute?

A case has to pass both these tests before the CPS can start or continue a prosecution. To examine a case, the prosecutor reviews it to see if there is enough evidence to provide a “realistic prospect of conviction”. If there is not, and the police say there is no more evidence or none will become available in the nearest future the case will be stopped there. However, the police can be asked to look at the case again, if more evidence becomes available at a late date.

If the prosecutor thinks that there is enough evidence to start or continue a prosecution, he or she then consider whether a prosecution is needed “in the public interest”. This means that the prosecutor must think carefully about all the factors for and against a prosecution, and assess in each case whether a prosecution should go ahead. Some of the public interest factors which are taken into account are set out in the Code for Crown Prosecutors. Foe example, the prosecution is likely to be needed if weapon was used or violence was threatened during an offence; the motive for the offence was any form of discrimination; or the offence was committed against a person serving the public such as a police officer. Crown Prosecutors must always think very carefully about the interest of the victim of the crime. This is an important factor when prosecutors decide where the public interest lies.

If the prosecutor thinks that there is enough evidence, and that a prosecution is needed in the public interest. The case is then presents in the magistrates’ court. The CPS lawyer must present the facts to the court fairly.

Criminal cases are divided into the following three types of offence.

1. “Summary only” offences (such as minor motoring offences and disorderly behaviour) are less serious, and can only be heard in the magistrates’ court.

2. “Either way” offences are more serious and can be heard in either the magistrates’ court and before a judge and jury in the Crown Court. (These include all cases of theft and some categories of assault)

3. “Indictable only” offences (such as murder or rape) are the most serious, and must always be heard in the Crown Court which has more sentencing powers.

 

If a defendant is found not guilty, he or she cannot be prosecuted for the same offence. This applies to all types of case.

Every criminal case begins in the magistrates’ court. But, when cases go on to the Crown Court, the CPS instructs a barrister, or a specially-qualifies solicitor so that he or she can present the prosecution for the CPS.

The powers of the police and the procedures which must be followed by them are laid down in Codes of Practice under the Police and Criminal Evidence Act, 1984. These codes cover the powers to stop and search persons of vehicles; the searching of premises and seizure of property; detention, treatment and questioning by police; identification of suspects; and tape recording of interviews with suspects.

 

I. Read the following sentences and decide if they are true or false:

 

1. The Police investigate crimes and have responsibility to prosecute.
2. The investigation stage is separated from the prosecution stage.
3. The Police decide whether to continue a case and bring it to court.
4. If the prosecutor thinks that there is enough evidence he sends the suspects to trial.
5. The prosecution will go ahead if a weapon was used.
6. If the offence was committed against a person serving the public the prosecutor doesn’t rtake it into account.
7. Magistrates try a person accused of murder
8. “Summary only” offences are tired by magistrates.
9. Every criminal case begins in the magistrates’ court.
10. The power of police include prosecuting and sentencing.

 

II. Find words and expressions in the text which mean:

 

1. lawyer who has the right to speak and argue as an advocate in higher law courts.
2. anything that gives reason for believing smth, that makes clear or proves smth.
3. violent and sudden attack.
4. lawyer who prepares legal documents, e.g. wills, sale of land or buildings, advises clients on legal matters and speaks on their behalf in lower courts.
5. taking possession of property, etc. by law;
6. unlawful killing of a human being on purpose.
7. commit the crime of forcing sexual intercourse on (a woman or a girl).

 

III. Answer the following questions:

 

1. What is the responsibility of the Crown Prosecution Service?
2. Who makes the decision whether to continue a case and bring it to court?
3. What are the two tests set in the Code for Crown Prosecutors?
4. What factors are taken into account for a prosecution?
5. When is the case presented in the magistrates’ court?
6. What “summary only” offences do you know?
7. Where may “either way” offences be tired?
8. What are the most serious offences?
9. Where so all criminal cases start?
10. Does the Crown Court have more sentencing powers than the magistrates’ court?

 

 

IV. Be ready to speak on the topic.

BUSINESS LAW

Law can be divided into two main branches: (1) private law and (2) public law. Private law deals with the rights and obligations people have in their relations with one another. Public law concerns the rights and obligations people have as members of society and as citizens. Both private law and public law can be subdivided into several branches.

Private law determines a person’s legal rights and obligations in many kinds of activities that involve other people. Such activities include everything from borrowing or lending money to buying a home or signing a job contract. Private law can be divided into six major branches according to the kinds of legal rights and obligations. These branches are: (1) business law (or: commercial law), (2) tort, (3) property law, (4) inheritance law, (5) family law, and (6) company law.

Business law covers rules that apply to business situations and transactions. Business law is largely concerned with civil law, especially with contracts; accordingly it deals with the rights and obligations of people who enter into contracts. A contract is an agreement between two or more parties that can be enforced by law. A wide variety of business activities depend on the use of contracts. A business firm makes contracts both with other firms, such as suppliers and transporters, and with private persons, such as customers and employees. Some business law applies to torts (private wrongs against individuals, distinct from breaches of contracts). For example, a tort may occur when a manufacturer makes a defective product that injures a user. Criminal law sometimes governs business-related activities, too. For example, criminal law would punish a firm that conspires with competitors to fix prices or an employee who steels company tools.

Business law, also called ‘commercial law’, is the body of legal rules that applies to everyday business transactions. In developing these rules, courts and legislatures have drawn upon the customs of merchants and traders. For this reason, the rules of business law are similar in many parts of the world. Modern trade requires highly specialized services, including the transport of goods by carriers, the transfer of credits by banks, and the spreading of risks by insurers. The powers and responsibilities of the parties involved in such commercial activities are detailed in the various branches of business law. Common topics of business law include the laws of contracts, agency, negotiable instruments, partnerships, companies, and insurance.

Business law helps assure that business agreements will be enforced in predictable ways. Most business disputes that cannot be resolved by the parties involved privately by reaching a mutually acceptable solution are settled by litigation (court proceedings) or arbitration (out-of-court settlement by an impartial third party).

Arbitration is usually faster and less expensive than a court case. The courts frequently enforce informal unwritten agreements. But written documents in standardized business form are essential for the quick handling of many types of transactions. The law makes special provision for such common business papers as cheques, sale contracts, and insurance policies.