Read the text and examine the chart.
The most common type of law court in England and Wales is the magistrates' court. There are 700 magistrates' courts and about 30,000 magistrates.
More serious criminal cases then go to the Crown Court, which has 90 branches in different towns and cities. Civil cases (for example, divorce or bankruptcy cases) are dealt with in County courts.
Appeals are heard by higher courts. For example, appeals from magistrates' courts are heard in the Crown Court, unless they are appeals on points of law. The highest court of appeal in England and Wales is the House of Lords. (Scotland has its own High Court in Edinburgh, which hears all appeals from Scottish courts.) Certain cases may be referred to the European Court of Justice in Luxembourg. In addition, individuals have made the British Government change its practices in a number of areas as a result of petitions to the European Court of Human Rights.
The legal system also includes juvenile courts (which deal with offenders under seventeen) and coroners' courts (which investigate violent, sudden or unnatural deaths). There are administrative tribunals which make quick, cheap and fair decisions with much less formality. Tribunals deal with professional standards, disputes between individuals, and disputes between individuals and government departments (for example, over taxation).
1. Find in the text the English equivalents for the words below.
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The Court Structure
2. Every jurisdiction organizes the administration of justice in different ways. In England, the basic division between criminal and civil law is reflected in the court system. Look at the chart below and then complete the description that refers to each court.
The English Court System
| Court of Justice of the European Communities |
| House of Lords |
| Court of Appeal, Criminal Division | Court of Appeal, Civil Division |
| Crown Court | High Court |
| Magistrates Court | County Court |
1. Claims of lesser value will start in a County Court. There are 250 of these around the country. They can also deal with divorce and bankruptcy matters.
2. Matters of important legal dispute arising in the Crown Court may be appealed to the______________.
3. From the Court of Appeal, there can be an appeal to the______________on fact or law, but usually appeal is only allowed on matters of legal importance.
4. If the case involves a serious crime, it is heard in the______________(there is only one _______________but it has about 70 centres around the jurisdiction).
5. In less serious criminal cases (which comprise over 90% of criminal cases), the case is sent for trial in one of over 400________________.
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6. More substantial civil claims (over around £25,000) are heard in the______________.
7. The______________ was set up under the Treaty of Rome of 1957, by which the European Community was established. The court can overrule all other courts on matters of Community law.
8. Under the system of appeals in civil cases, it is possible to appeal from a County Court or the High Court to the______________.
3. Use the information given above to answer the questions.
1. Who is responsible for making laws in Britain?
2. In the United Kingdom, what is the difference between criminal and civil law?
3. What is the most common type of law court in England and Wales?
4. Name three other types of British courts.
4. Work in pairs and discuss the following.
Which courts do you think would deal with:
a) a bank robbery?
b) a divorce case?
c) a burglary committed by a fifteen-year-old?
d) a drowning?
e) a case of driving too fast?
5. A criminal is someone who commits a crime. Below are 12 phrases using the word criminal. Link each phrase to its definition. The first is done for you.
1. Court of Criminal Appeal e)
2. criminal contempt
3. criminal negligence
4. criminal court
5. criminal forfeiture
6. criminal law
7. criminal lawyer
8. criminal procedure
9. criminal record
10. habitual criminal
11. criminal liability
12. war criminal
Definitions
a) barrister or solicitor who specializes in felonies and misdemeanours
b) a person charged with or convicted of crimes against humanity
c) previous crimes of which an individual has been convicted
d) rules governing the investigation of crimes; the arrest, charging, and trial of accused criminals; and the sentencing of those convicted (found guilty of a crime)
e) one of the higher courts of law which hears cases sent up for review
f) disorderly behaviour, disrespect, or disobedience of a judge's orders, particularly during a trial
g) a person who repeatedly commits offences
h) where an individual fails to exercise a duty of care and the resulting action leads to the commission of a crime
i) the branch of law which deals with felonies and misdemeanours
j) study of the mental processes and behaviour of persons who commit crimes
) a court with jurisdiction to hear felonies and misdemeanours
l) responsibility for committing a crime (excluded persons include minors and the insane)
6. Criminal procedure. Below are the stages of the criminal procedure. Match each step to its correct definition.
1. crime reported
2. investigation by police
3. investigation of suspect
4. apprehension of suspect
5. charge of suspect
6. remand in custody
7. release on bail
8. interrogation of accused
9. interrogation of witnesses
10. appearance in court
11. decision of jury
12. judgement of judge
13. conviction of accused
14. acquittal of accused
15. sentence by judge
16. appeal against judgement
a) _______________: the police free the person alleged to have committed the crime on condition that the accused appears at court at a future date
b) _______________: the jury panel make a decision whether they believe (beyond reasonable doubt) that the accused committed the crime of which he/she is accused
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c) _______________: the judge decides punishment
d) _______________: the police carry out a systematic examination of the person who may have committed a crime
e) ________________: the police receive information that a crime may have been committed
f) ________________: the police make a claim of wrongdoing against the person alleged to have committed the crime
g) ________________: the police carry out further questioning of the person alleged to have committed the crime
h) ________________: the defendant is found not guilty of the charge
i) ________________: the accused comes to court to face charges
j) ________________: the police carry out a detailed enquiry into the alleged crime
) ________________: after being found guilty, the accused brings an action to clear his/her name or to reduce the sentence
l) ________________: the police arrest the person who is alleged to have committed the crime
m) ________________: the police detain the person alleged to have committed the crime
n) ________________: the judge makes a judicial decision
) ________________: the police collect evidence against the accused from those who can give evidence
p) ________________: the defendant is found guilty
7. Match the sentences on the left with the most suitable response on the right. Use the words and expressions in bold to help you. There is an example at the beginning (1-a).
| 1. Is shoplifting illegal? | a) Yes. It is against the law. |
| 2. There was a burglary last night. | b) Wear a money belt. |
| 3. There was a robbery last night. | ) Instead, he was accused of manslaughter. |
| 4. How can you make sure nobody takes your valuables when you are staying in a hotel? | d) There were lawyers, judges and police everywhere. |
| 5. I carry a gun so that I can protect myself. | e) Believe it or not, he was acquitted. |
| 6. What's the best way to protect your property? | f) There were only five cells. |
| 7. What's the best way to prevent pickpockets taking your cash when you're travelling? | g) He got out of jail last week. |
| 8. Is your home well-protected? | h) Put them in a safe. |
| 9. He didn't receive any punishment at all. | i) No, we no longer execute people. |
| 10. He didn't go to prison, but the judge decided he had to be punished. | j) The police charged him with robbery and shoplifting. |
| 11. How long was he sentenced to? | k) No, he got away. |
| 12. What happened after he was arrested? | l) Well, make sure you only use it in self-defence. |
| 13. Did he admit he was guilty? | m) No, he said he was innocent. |
| 14. Do you have capital punishment in your country? | n) Life imprisonment. |
| 15. Are the police in your country armed? | o) No, but I always lock the door and leave the lights on when I go out. |
| 16. The prison was very small. | p) He received a heavy fine instead. |
| 17. The court was very busy. | q) Fit a burglar alarm in the house. |
| 18. When was he released? | r) Somebody broke into the house opposite mine. |
| 19. Was the thief caught? | s) Somebody stole over £20,000 from a bank on the High Street. |
| 20. He killed somebody, but it wasn't intentional, so he wasn't charged with murder. | t) No, they don't carry guns. |
8. Complete the sentences using words from the box. The first is done for you.
| arrest bail charge committed court |
1. The defence lawyer said that his client didn't intend to cause injury.
2. Drop the gun. That's better. Now you are under____________.
3. I know my rights. I want to phone my___________.
4. The prosecution says that my client stole millions of pounds via the internet. But where is the____________?
5. The ___________ of this court is 'guilty'. Have you anything to say?
6. Everyone knew the woman was 100% guilty, but they just couldn't ____________ it.
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7. I now call my next ____________, Mrs. McPherson, the defendant's mother-in-law.
8. You are a rich man, and just paying a ____________will not punish you enough. I am going to send you to prison. Let this be a lesson to you.
9. Officer, you have arrested my client. Now you must either ____________her or let her go.
10. For those from 14 under 16 there is a special____________ court.
11. The Appeal Court might reduce your ___________years to, say, three. But they can also increase it.
12. You can deposit £50,000 with the court, and be released on ____________. But if you disappear, you will lose the money. Do you understand that?
13. If your defence lawyer is better than the ____________ lawyer, you may get off.
14. This wicked man has ____________the most appalling crimes, and all decent people will agree that he should receive a very long prison sentence indeed.
15. Be in ____________at 9.30. The hearing begins at 10 o'clock, and the magistrates don't like to be kept waiting.
The legal system in Britain seems very old-fashioned. The judges and lawyers still wear black gowns and white wigs. Lawyers have to address the judge as M'lud (= My Lord). So you will not be surprised that the language of the law is also rather antique, with very long sentences and bits of French and Latin thrown in.
9. Sentencing. Below is a range of sentences that may be imposed. Match each sentence to its definition. The first is done for you.
| 1 | bond | 8 | binding over |
| 2 | capital punishment | 9 | suspended sentence |
| 3 | jail | 10 | peace bond |
| 4 | parole | 11 | community service |
| 5 | imprisonment | 12 | determinate sentence |
| 6 | probation | 13 | prison |
| 7 | concurrent sentence | 14 | good behaviour |
Definition
a) When two or more terms of imprisonment are served together.
b) A place for long-term incarceration for a crime.
c) A place of confinement for time periods longer than those usual for a police station lock-up and shorter than those usual for a prison.
d) Unpaid work undertaken pursuant to a court order upon conviction for an offence in lieu of a sentence of imprisonment.
e)A release from prison, before a sentence is finished, that depends on the person 'keeping clean' and doing what he or she is supposed to do while out. If the person fails to meet the conditions, the rest of the sentence must be served.
f) Conduct required for criminals to get out of jail early or other privileges while in prison.
g) A sentence (usually 'jail time') that the judge allows the convicted person to avoid serving (e.g. if the person continues on good behaviour, completes community service, etc.).
h) A document that promises to pay money if a particular future event happens, or a sum of money that is put up and will be lost if that event happens.
i) An act by which the court requires a bond or bail money.
j) The sentencing of a criminal to a period of time during which they will be deprived of their freedom.
k) A bond, required by a judge of a person likely to 'breach the peace', to guarantee the person's good behaviour for a period of time.
l) An exact prison term that is set by law, rather than one that may be shortened for good behaviour.
m) A kind of punishment given out as part of a sentence, which means that instead of jailing a person convicted of a crime, a judge will order that the person reports to an officer regularly and according to a set schedule.
n) The most severe of all sentences: that of death, also known as the death penalty.
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