In Australia, Canada, England and Wales, Hong Kong, Northern Ireland, Ireland and South Arica, the head of the prosecuting authority is typically known as the Director of Public Prosecutions (DPP), and appointed, not elected. A DDP may be subject to varying degrees of control by the Attorney General, usually by a formal written directive which must be published.
In Australia, at least in the case of very serious matters, the DPP will be asked by the police, during the course of the investigation, to advise them on sufficiency of evidence, and may be asked to prepare an application to the relevant court for search, listening device or telecommunications interception warrants. More recent constitutions, such as South Africa or Fijis, tend to guarantee the independence and impartiality of the DPP.
Vocabulary:
the course of the investigation
sufficiency of evidence
to possess a law degree
an individual accused
to pursue the prosecution
to mitigate the offence
interception warrants ( )
Task 6: find the synonyms of the following words in the text
| lawful | engage | nominate |
| court | behaviour | identity |
| violate reduce question | power have usage | process detection obstacle |
Task 7: match both columns of the table making necessary translation
| 1. The prosecution is the legal party 2. Prosecutors are typically lawyers 3. Typical sources of ethical requirements come . 4. The DPP may be asked by the police . 5. Many constitutions tend to guarantee .. | ) . ) . ) . ) . ) . |
Task 8: translate the questions and answer them
1. ? 2. ? 3. ? 4. ? 5. ? 6. ? 7. ?
Task 9: translate into English
, , - , , ., . , . .
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For your professional vocabulary:
to exercise prosecutors supervision
- operative and search activity
inquiry
cassation adduction
to pursue state charge
review of a judgment
observation (observance) of a law
Part 2. A Judge
| Text: A magistrate/ a judge Vocabulary in use Grammar: Infinitive |
Task 1: think over the following questions
1. What law specialist is responsible for examining cases in the court? 2. What documents are judges powers confirmed in? 3. What is judges position among the rest law specialists? 4. How can a judge change the criminal situation in a society?
Task 2: read international words paying attention to the stress
| 'modern | 'civil | po'litical | 'local |
| 'officer | 'criminal | elect'ronic | 'function |
| juris'diction | his'torical | 'various | a'ppeal |
Task 3: choose the correct word and fill in the blanks in the sentences
| juratory | jurisconsult | jurisprudence | jurist | juror |
| juridical | jurisdiction | jurisprudent | juristical | jury |
1. Monday and Friday are the . days in the court. 2. Most .. in the world consider damage of the data as a serious crime. 3. . is a specialist on civil and international law cases. 4. He given the .. promise to come in time. 5. The NY city court has sentenced Viktor Boot to 25-year imprisonment. 6. Being an ordinary worker he turned out to be 7. Within his a policeman has the right to apprehend a person suspected in violating a law. 8. Being a .. I study many job-related subjects in the institute. 9. Due to the current practice any person in our country may be elected as .. 10. Our society is governed by . norms and documents.
| administer | administrative | administration |
| administrate | Administrator |
1. The course of the law will be delivered next term. 2. The court has nominated him as ...3. A newly elected president has been .. to the oath. 4. The region building will be restored to Euro-2012. 5. The work of the British police is by the local authorities.
Task 4: read and translate the text
Great Britain
A magistrate is an officer of the state; in modern usage the term usually refers to a judge. This was not always the case; in ancient Rome, a magistratus was one of the highest government officers and possessed both judicial and executive powers. Today, in common law systems, a magistrate has limited law enforcement and administration authority. In civil law systems, a magistrate might be a judge in a superior court; the magistrates' court might have jurisdiction over civil and criminal cases. A related, but not always equivalent, term is chief magistrate, which historically can denote a political and administrative officer.
In the courts of England and Wales, magistratesalso known as justices of the peace (JPs)hear prosecutions for and dispose of 'summary offences' and some 'triable-either-way offences' by making orders in regard to and placing additional requirements on offenders. Magistrates can only sentence for six months for one offence and twelve months consecutively, they can also give a maximum of a £5,000 fine; community orders which can include curfews, electronic tagging, and requirements to perform unpaid work up to 300 hours or supervision up to three years and or various other options.
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There are two types of magistrate in England and Wales: justices of the peace and district judges (formerly known as stipendiary magistrates) permanently employed by the Ministry of Justice. Justices of the peace sit voluntarily, apart from an allowance being paid for loss of earnings, mileage and subsistence. According to requirements, around 50% of them are women. The majority is seen as "middle class, middle aged and middle minded" and over 41% of magistrates are retired from employment while others may be self-employed or able to arrange leave from their employment. That said, there are those who recognize that three de facto jurors from the community may well have a more realistic understanding of local life than a single district judge whose background is in law rather than working in the wider community.
No formal qualifications are required but magistrates need intelligence, common sense, integrity and the capacity to act fairly. Membership is widely spread throughout the area covered and drawn from all walks of life. Police officers, traffic wardens and members of the armed forces, as well as their close relatives will not be appointed, nor will those convicted of certain criminal offences including recent minor offences. All magistrates receive a three month training before sitting, carried out in conjunction with a mentoring program (mentors are magistrates with at least 3 years service), which covers basic law and procedure and then continue to receive training throughout their judicial career.
| A judge is a state official with power to adjudicate on disputes and other matters brought before the court for decision. In English law all judges are appointed by the Crown on the advice of the Lord Chancellor in the case of circuit judges and High Court puisne judges and on the advice of the Prime Minister in the case of judges of the Court of Appeal. All judges are experienced practitioners, mostly barristers, but solicitors can be appointed if they possess the relevant advocacy qualification. The independence of a higher judiciary is ensured by the principles that they hold office during good behaviour and not at the pleasure of the Crown. They can only be removed from the office by the resolution of both Houses of Parliament assented to by the Queen. Their salaries are a charge on the Consolidated Fund and are not voted annually. Circuit judges may be removed by the Lord Chancellor for incapacity or misbehaviour. All judges appointments are pensionable and there is a compulsory retirement age of 70, but this can be extended to 7 if considered to be in the public interest. (Oxford dictionary of Law. L.: Oxford univ. press, 2002. 51p.) |
United States
Magistrates are somewhat less common in the United States than in Europe, but the position does exist in some jurisdictions.
The term "magistrate" is often used (chiefly in judicial opinions) as a generic term for any independent judge who is capable of issuing warrants, reviewing arrests, etc.[5][6] When used in this way it does not denote a judge with a particular office. Instead, it denotes (somewhat circularly) a judge or judicial officer who is capable of hearing and deciding a particular matter. That capability is defined by statute or by common law. In Virginia, for example, the Constitution of 1971 created the office of magistrate to replace the use in cities and counties of the justice of the peace, which is common in many states for this function.
Vocabulary:
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to hear prosecution
to have limited authorities
summary offence ,
triable-either-way offence ,
to place requirements
curfew
electronic tagging
to perform unpaid work
justice of peace
district judge ( )
circuit judge
puisne judge ,
to possess the advocacy qualification
higher judiciary
to issue warrants
to review arrest
a compulsory retirement age
Task 5: fill in missing prepositions
1. The term magistrate usually refers .. a judge. 2. The magistrates court might have jurisdiction civil and criminal cases. 3. Magistrates hear prosecution . and impose of summary offences . making orders . regard to and placing additional requirements . offenders. 4. All magistrates receive training a period of three months . sitting. 5. All judges in Great Britain are appointed . the Crown . the advice of Lord Chancellor in the case of circuit judges. 6. The judges can be removed . the office by the resolution of both Houses of Parliament assented by the Queen. 7. Circuit judges may be removed by the Lord Chancellor incapacity or misconduct.
Task 6: find the synonyms of the following words in the text
| restrict | Crime | conduct |
| trial | Society | nominate |
| demand | Get | embrace |
Task 7: define the correct completion of the sentences
1. A magistrate is an officer of..
a) an army b) a police force c) a state
2. A magistrate has .
a) wide administration authorities b) restricted administration authorities c) restricted administration powers
3. Justice of peace sits ..
a) of his free will b) due to the order c) due to the contract
4. In English law all judges are .
a) nominated by the monarch b) elected by the population
c) controlled by the government
5. All judges are experienced ..
a) police officers b) law specialists c) governmental officials
6. Circuit judges may be removed or
a) disability to work b) weak training c) breaking laws
7. The term magistrate often used
a) to speak of a court clerk b) to define a specialty c) to classified a law
8. A chief magistrate historically can denote
a) a social worker b) an administrative officer c) a bailiff
Task 8: match both columns of the table making necessary translation
| 1. . 2. ... 3. 4. 5. - 6. . | a) appoints all judges. b) covers basic laws and procedure. c) is limited in his administrative powers. d) reaching retirement age. e) six month sentence for a petty crime. f) is not popular as in Great Britain. |
Task 9: compare positions of a magistrate and a judge
| Nominations | A magistrate | A judge |
| Educational training | ||
| Professional authorities | ||
| Financial support |
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Task 10: translate the questions and answer them
1. ? 2. ? 3. ? 4. ?
Task 11: translate the text
(, : , , , , , (), (), , ), , . . .
G R A M M A R
Infinitive
Task 1: translate the sentences paying attention to the function of the infinitives in the sentences
1. To appeal means to take a case to a higher court. 2. The law presumes the accused not to be guilty until his guilt has been proven. 3. The offender is too young to prosecute him. 4. Different methods are used to detect a perpetrator. 5. To make an arrest a police officer is to obtain a warrant first. 6. The job of a judge is to decide questions of law. 7. The Prosecutor General is hard to please. 8. There is nothing left to do but wait. 9. To get the drivers license you are to attend special training courses.
Task 2: translate the sentences into English using the infinitive patterns
1. . 2. , . 3. , . 4. . 5. - . 6. . 7. ? 8. , . 9. . 10. .
Task 3: insert to before the infinitive where necessary
1. Governments authorize courts________ pass sentences _____ punish the guilty. 2. The police may ____ make a decision as to guilt in a driving offence and ______impose a fine. 3. Let the policeman _____inform the suspected of his rights. 4. Its strictly prohibited _____take pictures in this area. 5. The eye-witness noticed the burglar ____ leave the house though the window.
Task 4: analyze the infinitive phrases below and translate the sentences into English
| to begin with to cut a long story short to put it mildly to tell the truth to say the least to say nothing about to crown it all | , . . . |
1. , . 2. , - . 3. , . 4. , . , .
