English for Law Students
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ISBN 966-7177-46-7
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English for Law Students
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ISBN 966-7177-46-7 , 1998
. ., 1998
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CONTENTS
5
CHILD PROTECTION TEAM6
Unit 1. THE SYSTEM OF GOVERNMENT7
Unit 2. PARLIAMENTARY ELECTIONS19
Unit 3. MAKING A LAW29
Unit 4. JUDICIARY35
Unit 5. PROSECUTION42
Unit 6. TYPES OF LEGAL PROFESSIONS 54
Unit 7. THE POLICE SERVICE AND THE STATE62
Unit 8. RECRUITMENT70
KEY82
READER85
1. A Brief History of the British Police85
2. National Identification Bureau89
3. Fingerprints91
4. The Rights and Duties of a Citizen93
5. The Police and the Young Offender95
6. Royalty and Diplomatic Protection Department96
7. Special Escort Group97
8. Dog Section98
9. Policing from the Air99
10. Mounted Branch 100
11. Thames Division 102
12. Forensic Science Laboratory103
13. Special Branch104
14. Criminal Investigation Department105
15. Investigation of a Burglary108
16. Scotland Yard - its History and Role110
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17. Community Relations112
18. Organisation of the Metropolitan Police District114
19. The Metropolitan Special Constabulary115
20. Essex Police Force116
21. The Traffic Police118
22. Our Computerised Police 120
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| Metropolitan Police |
CHILD PROTECTION TEAM
Albany Street Police Station
Albany Steet
London NWI 4EE
0181-733-6233
17 May 1998
Foreword
It is now two years since I first encountered the Ukrainian Police Service. After replying to an appeal for help in providing English teaching resources I flew to Ukraine in 1996.
My first visit to this very welcoming country left me with many memories and, most important of all, lasting friendships. In 1997 I was pleased to be able to host a visit to Britain made by Ms. Afendikova and Sub-Colonel Korobkin of the Donetsk Police College. I hope that this visit provided some insight into how the police are trained in Great Britain.
Ms. Afendikova shares my hope that the exchange of views and information we have started can continue. For myself, I would like to see more students from Ukraine coming to England to study our cul-ture and legal systems. On a return visit to Donetsk in 1998 I learnt even more about the character and culture of Ukraine. The exchange of such information is crucial if we are to understand each other to the full.
This book is therefore extremely important in continuing and improving upon such contacts. It provides an inside knowledge of British culture and the legal system as it operates today in Britain.
The information upon which Ms. Afendikova bases her chapters is completely up to date with regard to the police service and has been checked for correctness by me. I am a serving Detective with the Metropolitan Police and have nineteen years police service.
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I hope that by reading this book many students and citizens of Ukraine will be tempted to find out more about Britain and its legal systems. In that way the friendship between the lovely people of Ukraine and the people of Britain will be cemented.
Thank you for allowing me to write a few short words about this book.
Philip L. Wheeler MA. B.Ed. (Hons) Cert. Ed. MIPD. Dip. Pol. Mgt.
Detective Inspector
New Scotland Yard
May 1998.
Unit 1
THE SYSTEM OF GOVERNMENT
What is the Government? The Government is the management of the country. The Government makes the important decisions, e. g. about foreign policy, education, or health, but all these decisions have to be approved by Parliament. If Parliament thinks that a particular Government policy is against the public interest, then it can force the Government to change its mind.
State Organs of the United Kingdom include the monarchy, the legislative, executive and judicial organs of Government.
* The monarchy is the most ancient institution in the United Kingdom, with a continuous history stretching back over a thousand years. The monarchy is hereditary. Queen Elizabeth II, who succeeded to the throne in 1952, is the head of the judiciary, the commander-in-chief of the armed forces of the Crown and the temporal head of the established Church in England. Her Majestys Government governs in the name of the Queen who must act on the advice of her ministers.
* Parliament is the legislative organ of the United Kingdom.
What do we mean by Parliament? The Parliament of the United Kingdom consists of the Queen (hereditary monarch), the House of Lords (almost 1300 unelected members or peers) and the House of Commons (659 elected Members of Parliament). All three combine to carry out the work of Parliament.
The House of Lords is still a hereditary body. It consists of the Lords Temporal and the Lords Spiritual. The House of Lords is presided over by the Lord Chancellor who is the chairman of the House.
The House of Commons is an elected and representative body. Members are paid a salary and an allowance. The Speaker of of the House of Commons is elected by the members of the House immediately after each new Parliament is formed.
The Government consists of approximately 100 members of the political party which has the majority of seats in the House of Commons.
What does Parliament do? Making laws (legislations).
The Queen, Lords and Commons all have to agree to any new law which is passed.
Examining the work of Government. Both the Lords and the Commons examine the work of the Government on behalf of the public. They do this by asking the Government questions, by debate and through committees of inquiry.
Controlling finance. Only the House of Commons can give permission for the Government to collect taxes. The House of Commons decides what taxes shall be collected and how the money shall be spent.
Protecting the individual. Members of Parliament (Members of the House of Commons) protect the rights of the individual. Each Member of Parliament represents the people of a certain area. Britain is divided into 659 of these areas, known as constituencies.
Hearing appeals. The House of Lords is a Court of Justice, the highest Court of Appeal in Britain.
* Executive. The Government consists of the ministers appointed by the Crown on the recommendation of the Prime Minister. The Prime minister is appointed directly by the Crown and is the leader of the political party which has a majority of seats in the House of Commons. The Prime Minister is the head of the Government, he is always a Member of the House of Commons. He consults and advises the Monarch on government business, supervises and coordinates the work of the various ministers and departments in the House of Commons. He also makes recommendations to the Monarch on many important public appointments.
The most senior members of the Government are known as the Cabinet. The Cabinet is the nucleus of the Government. All major decisions of the Government are made by the Cabinet, and therefore it is the Cabinet which forms Government policy.
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Who chooses the Cabinet? Members of the Cabinet are chosen by the Prime Minister. The majority of the members of Mr Blairs Cabinet are drawn from the House of Commons. Nevertheless there are always a few members from the House of Lords. All the members of Mr Blairs Cabinet belong to the Labour Party. The Labour
Party gained the right to form a Government by winning the general election in May 1997. Mr Blair, the leader of the Labour Party, became Prime Minister. He selected a team of Ministers to serve in his Government. A Cabinet must be large enough to include senior miministers. There is no limit on the size of the Cabinet but the number of salaried Secretaries of state is limited to 21. Cabinet meetings are usually held on a Thursday morning in the Cabinet room at 10 Downing Street.
What happens when there is a change in Government?
The system of Government
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During the last 27 years there have been eight general elections, l our of these resulted in a change of Government.
1970 Conservatives took over from Labour.
1974 Labour took over from Conservatives.
1979 Conservatives took over from Labour.
1997 Labour took over from Conservatives.
On each of these occasions the ministers in each Department changed. Ministers of the winning party took over from those of the loosing party.
The two main parties have very different ideas - for example, about education, housing and industry.
Departments and ministers are run by civil servants, who are permanent officials. Even if the Government changes after an election, the same civil servants are employed.,
The United Kingdom has no Ministry of Justice. Responsibility for the administration of the judicial system in England and Wales is divided between the courts themselves, the Lord Chancellor, and the Home Secretary. The Lord Chancellor is responsible for the composition of the courts, civil law, parts of criminal procedure and law reform in general; the Home Secretary is responsible for the prevention of criminal offences, trial and treatment of offenders and for the prison service.
WORDS AND PHRASES
Government [′gΛvnmənt] -
Parliament [pa: ləmənt]
legislative [,led 3 is'leitiv] -
executive [ig′zekjutiv] -
judicial [d 3 u:′di∫l]
hereditary [hi′reditəri] -
to succeed [sək′si:d] -
to preside [pri′zaid] -
Lord Chancellor - - ( 볿,
)
the House of Commons - ()
the House of Lords -
peer [ə] - ,
legislation [,led 3 is′lei∫n]
tax [tæks] -
to protect [prə′tekt] -
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right [rait] -
constituency [kən′stitjuənsi] -
appeal [ə′pi:l] -
the Labour Party -
general election [,d 3 nrə1 i′lek∫ən] -
civil servant-
court [ko:t] -
civil law [′sivl,o:] -
Horne Secretary -
prevention [pri′ven∫ən] - ,
criminal offences -
trial [′traiəl] - ,
treatment [′tri:tmənt] - ( )
offender [ə′fəndə] -
prison [′prizn] -,
Treasury [tr 3 əri] -
Foreign office - ̳
Home office - ̳
spiritual [′spiritjuəl]-
bishop [′bi∫ə] -
temporal [′tempərəl] - ( )
EXERCISES
1. Fill in the blanks:
1. All the heads of ministries (departments) are included into....
2. The Cabinet is headed by the....
3. The Prime Minister chooses the....
4. Mr Blair is the... of the United Kingdom.
5. The majority of the members of Mr Blairs Cabinet are members of the....
6. Mr Blairs Cabinet belongs to the... Party.
7. The Cabinet meets at 10... Street.
8. During the last 27 years there have been eight general....
9. Ministers rely on... servants for advice and information.
10. The Parliament of the United Kingdom consists of the... (hereditary monarch), the House of... and the House of....
11. Only the House of Commons can give permission for the Government to collect....
12. Members of Parliament protect the... of the individual.
13. The House of... is a Court of Justice.
2. Read the following sentences and decide if they are true or false:
1. The Government is the body which decides the laws of the country and decides about the way the country should be governed.
2. The Government is the Ministers chosen from the Party (or parties) which has the largest number of MPs in the House of Commons after a general election.
3. The Prime Minister is the leader of the governing party.
4. The Queen chooses the Cabinet.
5. The Cabinet are the senior members of the Government chosen by the Prime Minister.
6. The House of Lords is the elected Chamber in Parliament.
7. The House of Commons is the unelected Chamber in Parliament.
8. Mr Blairs Cabinet belongs to the Conservative Party.
9. Britain is divided into 659 areas, called constituencies, and one MP is elected to represent each constituency.
10. The House of Lords is the highest Court of Appeal in Britain.
3. Find words and expressions in the text which mean:
1. body of persons governing a State;
2. choosing or selection (of candidates for an office, etc.) by vote;
3. the inhabitants of an electoral district;
4. laws enacted by lawmaking body;
5. a person with the right to sit in the House of Lords;
6. a charge by the government on the income of an individual, corporation, or on the value of an estate or gift or property.
4. Answer the following questions:
1. What is the Government?
2. Who are the Cabinet?
3. Who chooses the Government?
4. What is the House of Lords?
5. What is the House of Commons?
6. Who is the Prime Minister?
7. What does Parliament do?
8. What is the highest Court in Britain?
Read the text. Give Ukrainian equivalents for the words in bold type.
THE HOUSE OF COMMONS
This is the House of Commons, where Members of Parliament take their seats on the green leather benches according to their party and position. From this we get the terms front benches', back benches' and cross benches'.
The two sides, Government and Opposition, sit facing one another. If, for example, you sit in the Public Gallery of the House of Commons, you would see the Government sitting to the left of the table. The Opposition parties would be seated on the right. Government ministers sit on the front bench on the Government side of the Chamber. They are therefore known as Government front-benches. Those MPs who belong to the same party as the Government but who do not hold a Government post are known as Government backbenches. The Official Opposition is divided in the same way. The Opposition consists of all those parties which, as a result of the last general election, are not part of the Government. It is made up of the Official Opposition, the largest Opposition party, and a number of smaller parties. The Labour Party has the largest number of MPs in the House of Commons, having won the most seats in the general election of 1997. The party winning most seats in a general election will form a government and the party leader becomes Prime Minister. As the Conservatives won the general elections of 1979, 1983 and 1992, we had a Conservative Government for eighteen years, with the party leader, firstly Mrs Thatcher, and from November 1990 Mr Major, as Prime Minister. There were Labour Governments from 1964- 1970,1974- 1979 and since their election victory in 1997 Mr Blair has chosen a team of ministers to help him, drawn from members of his own party in both the House of Commons and the House of Lords. Together they make up the Government.
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6. Complete the following text with the words and expressions from the box.
THE WORK OF AN MP
| debates | midnight | morning |
| weekends | news | MP |
| housing | Government | constituents |
| elect | House of Commons | |
| constituencies | abroad | letters |
| Speaker | Sitting |
The country is divided into 659 voting areas or... which each... one MP to serve in the... MPs have to represent all of their..., regardless of whether they voted for them. In addition MPs have a duty to their political party, to themselves and their own beliefs and to the nation as a whole. Once or twice a week people in a constituency have the chance to meet their... when they can talk about their problems, large or small. People may come to their MP with... or money problems or perhaps someone has a relative in hospital and finds it difficult to get there on public transport. An MP spends time at..., and during holidays, meeting people in local factories, clubs, schools, etc.
The working hours of the House of Commons are very unusual. Most MPs start their day early in the... and may not get home until... or later.
It is important for MPs to keep up with the...- so the first thing they do in the morning is to look at the newspapers to know what has been happening overnight both in this country and... MPs often do this over breakfast.
The first thing an MP does after arriving at the House of Commons is to collect his... MPs receive huge amounts of mail every day; so reading and answering... takes a large amount of time.
On Tuesday, Wednesday and Thursday mornings, many MPs will be sitting on Committees.
At 2.30 p.m. each day, the... walks in procession to the Chamber of the House of Commons to begin the days.... The first hour of the afternoon from 2.30 to 3.30 p.m. is Question Time at which most MPs like to be present because they have a chance to ask the...
about what it is doing or not doing - and why. They especially like to be present on Tuesdays and Thursdays for Questions to the Prime Minister. From tea time until about 10.00 p.m. there are... in the Chamber in which MPs may try to speak, especially if the subjects are of interest to their constituents.
Sometimes a MP finally gets to bed when it is nearly time to begin the next days work.
7. Answer the following questions:
1. Who does an MP represent?
2. How many MPs are there in the House of Commons?
3. What does the job of an MP consist of?
4. What is the equivalent of MPs in Ukraine?
What does their work involve?
Read the text.
THE CROWN
At the head of the United Kingdom is the King, or, as at present, the Queen. But her power is very symbolic. Everything is done in Queens name. But her power is not absolute; it is limited in many various ways. It is said that the Queen reigns but does not rule. She personally does not decide what action the state shall take. The he- reditary principle still operates and the Crown is passed on to the sovereigns eldest son (or daughter if there are no sons).
The Queen has a central role in state affairs, not only through her ceremonial functions, such as opening Parliament, but also because she meets the Prime Minister every week and receives copies of all Cabinet papers.
Functions of the Queen:
- opening and closing Parliament;
- approving the appointment of the Prime Minister;
- giving her Royal Assent to bills;
- giving honours such as peerages, knighthoods and medals;
- Head of the Commonwealth;
- Head of the Church of England;
- Commander-in-Chief of the armed forces.
9. Explain the meaning of the following words and expressions:
1. the head of the state;
2. to reign and to rule;
3. the hereditary principle;
4. the Crown;
5. to approve the appointment of smb.
Work in pairs.
