C R I M E
any ACT or OMISSION (of an act) that
- violates the law- is against the community - is punishable by the state
Criminal justice
THE POLICE
- investigate a crime- apprehend suspects- detain them in custody
- send a file of the case to CPS (Crown Prosecution Service)
THE STATE
- prosecutes those charged with a crime
a) The State Crown ProsecutionService (CPS) CPS - established by the
Prosecution of Offences Act 1985 (began operating in 1986); before 1986 prosecutions were brought by the state and conducted by the police
- Crown Prosecutorsb) Private individual or
business (private prosecutors bring prosecutions)
STARTING THE PROCEEDINSG
1. the police apprehend suspects and decide whether the offender should be prosecuted
2. if so, a file is sent to the CPS3. CPS reviews the file and decides whether
there is a realistic prospect of conviction and whether a prosecution would be in the public interest
4. CPS must be sure that the evidence is legally admissible and reliable, taking account of the witnesses
Initiation of criminal proceedings
by
The serving of a summons setting out the offence and requiring the accused to attend court
A warrant of arrest issued by a Magistrates’ Court (in more serious cases)
INDICTABLE
serious crimes (e.g.murder)
triable on INDICTMENT
CROWN COURT(judge and jury)
SUMMARY
minor crimes
MAGISTRATES’ COURT
(without a jury)
TRIABLE EITHER WAY OFFENCES
(the middle range of crimes)
Magistrates’ Court or
Crown Court
TREASON
the most serious crime against the
state(punishable by
death)
FELONY
more serious crimes
(murder, manslaughter, rape, arson,
burglary, theft, bigamy etc.)
MISDEMEANOR
less serious crimes(minor assaults,
conspiracy, perjury, blasphemy, fraud,
road traffic offences)
Adversarial system of justice (each side collects and presents their own evidence and attacks their
opponent’s cross examination)
PROSECUTION DEFENCE (prosecutor, (defendantprosecuting attorney) defence counsel)
(has to prove beyond reasonable (the accused is presumed innocent
doubt that the accused is guilty) until proved to be guilty - can PLEAD GUILTY
or NOT GUILTY)
DRUNKENNESS or INTOXICATION
DEFENCE only if
A)induced by others, without fault on the part of the accused;
B) produces temporary insanity or negates the
specific degree of intent required by the offence charges
Compare the following articles of the Croatian Criminal Code with English criminal law. Translate into English
Članak 8.
(1) Kazneni postupak za kaznena djela pokreće Državno odvjetništvo u interesu Republike Hrvatske i svih njezinih građana.
(2) Iznimno za određena kaznena djela može se zakonom propisati da se kazneni postupak pokreće privatnom tužbom ili da Državno odvjetništvo pokreće kazneni postupak povodom prijedloga.
Članak 25.
(1) Kazneno djelo može se počiniti činjenjem ili nečinjenjem.
Essential expressions to try sb for sth = suditi
nekome za nešto , voditi sudski postupak
triable = koji se može tužiti, suditi
a trial = suđenje indictment = optužnica,
optužni prijedlog indictable offence = teško
kazneno djelo, kazneno djelo koji se goni po službenoj dužnosti
summary offences = lakše kazneno djelo
Criminal Law Act = kazneni zakon
to charge with an offence = optužiti za kazneno djelo
a charge of murder = optužba za ubojstvo
to prosecute (vs. to defend) = podignuti optužnicu za kazneno djelo; kazneno goniti
prosecution vs. defence = tužiteljstvo vs. obrana
prosecutor = tužitelj vs. branitelj
criminal liability = kaznena odgovornosti
beyond any resonable doubt = izvan svake razborite sumnje
to exempt; an exemption to be exempt from criminal
liability = biti izuzet od kaznene odgovornosti
drunkenness or intoxication = pijanstvo ili alkoholiziranost
treason = izdaja (high treason = veleizdaja)
felony = težak zločin misdemeanor =prekršaj
Vocabulary exercise I
Complete the definitions.
1. a …………. ………… ………… - a court document authorizing the police to detain someone
2. an …………….. – a written statement with details of the crimes someone is charged with
3. a ……………. – a formal order to attend court
Vocabulary exercise II Make word combinations of the words in the box and
use appropriate ones to complete the sentences below.
1 The Crown Prosecutor considers whether there’s sufficient evidence to provide a …………….... ………………. of conviction.
2. There should be no conviction without proof beyond ….. ……. .
3. The Crown Court always hears ……......…… …………….… such as manslaughter.
4. In sentencing serious crimes, courts can impose … …… …… ….. .
5. At the end of a trial, a defendant may be ordered to pay a contribution towards ……………….. ……………….. .
criminal doubt sentence indictable severe plea realistic guilty
reasonable defence proceedings costs reduced prospects offences penalties
Vocabulary exercise II – Answer key1 The Crown Prosecutor considers whether
there’s sufficient evidence to provide a realistic prospects of conviction.
2. There should be no conviction without proof beyond reasonable doubt.
3. The Crown Court always hears indictable offences such as manslaughter.
4. In sentencing serious crimes, courts can impose severe penalties .
5. At the end of a trial, a defendant may be ordered to pay a contribution towards defence costs .
Vocabulary exercise IIIReplace the underlined words and phrases with alternative
words and phrases from the box.
1. Bail may be refused and the defendant may be (1) held in police custody.
2. Alternatively, the defendant may be (2) found not guilty by the court and discharged.
3. Once proceedings have been initiated, the defendant (3) comes before the court.
4. The police formally (4) accuse the suspect in the police station.
5. If the offender pleads guilty in the Magistrates’ Court, the court imposes a(5) punishment.
6. The police investigate a serious offence and (6) arrest a suspect.
7. The suspect may ask for (7) release from custody before trial.
aquitted sentence/penalty detained bail appears charge apprehend