UNIT 5 PROSECUTION

UNIT 5 PROSECUTION 11.10.2016 08:18

UNIT 5 PROSECUTION

   The Crown Prosecution Service (CPS). 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 the CPS is the Director of Public Prosecutions (DPP). The CPS handles about 1,4 million cases every year and employs about 6,000 staff. Over 2,000 of these staff are barristers or solicitors. The staff are located in 98 offices throughout England and Wales.

   Before 1986, the police investigated crimes, charged suspects and then took cases to court, sometimes using their own, or a local lawyer. This changed under the Prosecution of Offenders Act 1985, which created the CPS and separated the investigation stage from the prosecution stage. Now the CPS makes the decision whether to continue a case and bring to court.

   The Prosecution Process. After the Police have investigated a crime and passed the papers 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 the 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 will 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.

   For example, a prosecution is likely to be needed if:

   - a 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.

   Presenting cases in Court. If the prosecutor thinks that there is enough evidence, and that a prosecution is needed in the public interest, the case is then presented 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.

   - «Summary only» offences (such as minor motoring offences and disorderly behaviour) are less serious, and can only be heard in the magistrates' court.

   - «Either way» offences are more serious and can be heard in either the magistrates' court or before a judge and jury in the Crown Court. (These include all cases of theft and some categories of assault). Usually, the magistrates decide whether the case should be heard in the Crown Court. But sometimes when the magistrates say they will hear a case, the defendant can choose to be dealt with in the Crown Court.

   - «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 -qualified solicitor so that he or she can present the prosecution for the CPS.

   The powers of 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 or 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.

                WORDS AND PHRASES

                                 EXERCISES

Exercise 1 Fill in the blanks:

1. The Crown Prosecution Service carries responsibility for ... of offenders.

2. The CPS ... about 1.4 million cases every year.

3. There are 2.000 ... and ... employed by the CPS.

4. The Police investigates a ... and passes the papers to the ...

5. A Crown ... decides whether or not to go ahead with the case.

6. If there is not enough ... the case will be stopped there.

7. Some of the public interest factors are ... when deciding to prosecute.

8. Crown Prosecutors think very carefully about the interests of the ... of the crime.

9. «Summary only» offences include minor motoring ... and disorderly ... .

10. «Either way» offences include all cases of... and some categories of...

11. «Either way» offences may be tried in either the ... or in the Crown Court.

12. «Indictable only» offences must always be heard in the ... .

13. All ... cases start in the magistrates' courts.

14. The powers of police cover: the searching of ... and ... of property; identification of..., detention, treatment and questioning.

Exercise 2 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 suspect 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 take it into account.

7. Crown Prosecutors must always think carefully about the interest of the suspects.

8. Magistrates try a person accused of murder.

9. The most serious crimes such as murder and armed robbery are called «summary only»» offences.

10. «Summary only» offences are tried by magistrates.

11. «Indictable only» offences must always be heard in the Crown Court.

12. «Either way» offences include minor motoring offences and disorderly behaviour.

13. Every criminal case begins in the magistrates' court.

14. The powers of police include prosecuting and sentencing.

Exercise 3 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 girl).

Exercise 4 Ask questions to get the following answers:

1. The Crown Prosecution Service is an organisation independent of, and separate from, the police.

2. The Head of the CPS is the Director of Public Prosecutions.

3. The CPS employs nearly 2.000 lawyers and barristers.

4. The process of criminal justice begins when the police arrest a suspect.

5. A person arrested by a police officer is taken to a police station.

6. The prosecution will go ahead if the motive for the offence was any form of discrimination.

7. Crown Prosecutors must always think very carefully about the interest of the victim of the crime.

8. The case is presented in the magistrates' court if there is enough evidence.

9. Criminal cases are divided into the following three types of offences: «summary only»», «either way» and «indictable only» offences.

10. If a defendant is found not guilty, he or she cannot be prosecuted for the same offence.

Exercise 5 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 out 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 tried?

8. What are the most serious offences?

9. Where do all criminal cases start?

10. Does the Crown Court have more sentencing powers than the magistrates' court?

Exercise 6 Give Ukrainian equivalents for the following words and translate the definitions into Ukrainian.

Exercise 7 Complete the following text by translating the words and expressions in brackets.

   The police were investigating a series of . . . in the Westhampton area. A man and a woman were . . . of the crimes, but there was not enough . . . to . .  them. Then, one night, during a burglary, the . . . woke up while the . . . were still in the house. They found the . . . in the sitting-room stealing the TV and video. The burglars escaped through the window, leaving behind a black bag containing all their equipment - covered in . . .! The next day Samuel and Felicity Jones were . . . by Westhampton police and were charged with the . . . of burglary with intent. The Jones were . . . to two years' . . .

Exercise 8 Match the words from the box with the definitions below.

1. They broke the window of his car and stole the radio.

2. They sold paintings that they knew weren't genuine masterpieces.

3. They illegally carried drugs into another country.

4. They held a pistol at the pilot's head and he had to do what they said.

5. They set fire to the shop.

6. They took some things off the shelves and left the shop without paying for them.

7. They took away the rich man's son and asked him a lot of money.

8. They hit the man on the head as he was walking along the street and stole all his money and credit cards.

9. They took her purse out of her handbag in the crowded bus.

10. They murdered a man during a robbery.

11. They drove a car under the influence of drink.

12. They stole f1,000 from a bank, by threatening someone with a gun.

13. They hurt a boy in a fight in a disco-club.

14. They parked a car in a no-parking zone.

Exercise 9 Draw a word ladder showing the offences below in personal order of seriousness.

a parking offence             Example:     Most

rape                                       serious

armed robbery                              offence

theft

assault

murder

kidnapping

drunken driving

arson                  parking offence

shop-lifting

fraud                Least serious offence

Exercise 10 Read the two case histories below and decide which offences Jack and Annette have committed.

   Jack Thatcher. Like his father, Jack Thatcher is a jailbird – at the age of 40 he has spent most of his life in prison for various offences of violence and theft. He comes from a broken home, has had no real education and has never had a job. The only way he knows how to make money is by stealing it. When he came out of prison last week, he decided to rob a village post office. During the robbery, the postmaster tried to ring the alarm, so Jack hit him on the head with his gun. At that moment a customer came into the post-office. She screamed. In panic, Jack shouted at her to keep quiet. When she continued to scream, he shot her. Jack thought quickly. He took a box of matches from his pocket and set fire to the building, then escaped with the money.

   Annette Forbes. Annette Forbes is head of the marketing division of the computer company. She went to university, has a good job and enjoys a happy family life. She has always been a «law-abiding citizen». One day she arrived a little late for work, and had to park her car in a no-parking zone. She took a client out for a business lunch and drank a gin and tonic, half a bottle of wine and a liqueur to celebrate an important new contract. When driving back to work, she was stopped by a policeman, who tested her breath for alcohol. He told her she had drunk too much and would be disqualified from driving for a year. Annette (who needs her car for her job) suggested he might «forget» about the offence in return for a new home computer. That afternoon, Annette remembered that she had no more writing paper at home. As usual, she took a new packet of paper from the office and a box of six pencils.

• If they are charged and convicted of all their offences, what sentences do you think Jack and Annette will receive?
• In your opinion, what is the most suitable punishment for Jack and Annette?
• Do you think they will commit other offences in future?

Exercise 11 a) The following events are all connected with the criminal progress. Check that you understand their meaning, using the glossary to help you. Note that some of the phrases may have the same meaning as each other!

1. You are charged with an offence.

2. You are sentenced to punishment for an offence.

3. You are suspected of an offence.

4. You are tried for an offence.

5. You are accused of an offence.

6. You are convicted of an offence.

7. You plead guilty or not guilty to an offence.

8. You are arrested for an offence.

b) Can you put the different events in a) in the order in which they happen in Ukraine? Do you think the events happen in the same order in England?

Check your ideas in the key.

Exercise 12 At what stage or stages of the criminal process is the person involved called:

1) the defendant

2) the offender

3) the suspect

4) the convict

5) the criminal

6) the accused

Choose from the box below.

Exercise 13 Read the text.

THE SHOPLIFTER

   Mark Diamond was a thief. He had been to prison several times. Last time he was sentenced to ten months in prison for shoplifting when he tried to steal a silver necklace for his girlfriend Jane.

   On the day he left prison, first he had a good meal in a cafe, then went to the cinema. He enjoyed being free again. He took a long walk in town looking at the windows. He had a few dollars and wanted to buy a present for his girlfriend Jane. He saw a pretty silk dress in one window but he didn't like colour, he saw a green cotton blouse in another shop window but he didn't like the cut of the blouse.

   He looked at a 6tr coat in another shop but it was too expensive. Then he saw a nice leather bag and first he thought that Jane would also like it. He was just going to buy it but he changed his mind and thought it would make a poor present.

   Then he went into a jeweller's shop. There he saw a nice gold bracelet on the counter. He always wanted a present like that. He had a quick look around and saw nobody was watching him. The assistant was showing a diamond engagement ring to a customer. The next minute the gold bracelet was in Mark's pocket and he started for the door.

   At that moment, he felt a hand on his shoulder. "Young man", said the owner of the shop, "I saw you steal a bracelet. I'll have to call the police". Mark went pale. "Oh, no. Don't do that. I'll pay for the bracelet. Yes, I'll pay for it".

   The owner of the shop took a look at the gold bracelet and said.

"All right. It'll be Ј600".

   "Well", said Mark, "Couldn't you show me anything cheaper? I really don't want to spend that much".

Choose the best answer:

1. Mark Diamond was

a) an honest man

b) a crook . . ., . . .

c) a hard-working man

2. He had spent a few months in prison because

a) he had wanted to buy a present for his girlfriend

b) he had been caught shoplifting

c) he had no money to buy a silver necklace

3. When he left prison

a) he felt very happy

b) he decided to steal again

c) he forgot about his girlfriend

4. At a jeweller's

a) be was shown a diamond ring

b) he saw a nice ring

c) he saw a gold bracelet on the counter

5. Nobody was looking at him, so

a) he left the shop

b) he decided to steal a bracelet

c) he asked the assistant to show him a bracelet

6. As Joe was afraid of being arrested

a) he ran out of the shop

b) he offered to pay the price of the bracelet

c) be asked the jeweller to take a look at the bracelet

7. When Joe heard how much the bracelet cost

a) he asked for some less expensive

b) he went pale

c) he promised to pay f600.

Exercise 14 Translate this text into Ukrainian. Write a list of measures that a store-owner should take to prevent shoplifting.

SHOPLIFTING

   In many of Britain's larger stores, customers are intended to serve themselves. The open shelves and attractive goods mean that people sometimes try to shoplift. This is a major problem. To stop this, many shops have security cameras, electronic stock control and store detectives.

   In some shops there may be notices like this:

   Shoplifters will be prosecuted.

   And people who shoplift and are caught are usually taken to court When the person is a foreign visitor with a lot of money, there is usually a lot of bad publicity. Theft in the high street is a major problem, which makes goods more expensive. Shop owners try their best to stop shoplifting but it seems more goods are taken by people who work in the shops than by shoplifters.

Work in pairs. Imagine you are a store-detective. Tell a journalist about the problem of shop-lifting in your department-store. Use the following words and expressions:

- I'm rather worried about ...

- I've got a lot of problems.

- That's too bad.

- To my mind ...

I think, ...

IT IS INTERESTING TO KNOW

IS THAT A FACT?

• Millions of pounds worth of goods are stolen from shops every year. Guess who ends up paying? The customer! Shops have to put up their prices to recover the money they lose from shoplifting.
• ·Many shops now use hidden security systems to help them catch shoplifters.
• In 1991 there were over 1,219,469 burglaries in England and Wales.
• In 3 out of 10 cases, the burglar didn't even have to use force to get in.
• 23% of all reported crime is burglary.
• Over the last 10 years, the cost of Criminal Legal Aid has trebled.
• The number of criminal prosecutions has fallen by l0%.

WHO HAS DONE IT?

   Johny, Micky and Sonny have each been accused of a different crime. The three charges are murder, armed robbery and theft. Study the facts and find the solution to the problem!

The problem

   Who was charged with which crime? Who was convicted? Which of the three did not go to prison?

The facts

The murderer was sentenced to life imprisonment.

Johny was charged with a crime of violence.

The man charged with theft was convicted.

Micky was not tried for murder.

The man who was not sentenced to imprisonment was not convicted.

Sonny was not accused of theft or armed robbery.

The man who was not tried for a crime of violence was sentenced to two years' imprisonment.

The solutions

Johny _____________________________________

Micky _____________________________________

Sonny _____________________________________

 ?  __________________did not go to prison.

* * *

   The motorist was charged with driving his car while under the influence of liquer, a traffic policeman was giving evidence.

   «When I came upon the scene, Your Worship,» he said, «I found the accused arguing, with the Minister of Transport about the condition of the road».

   «Well», commented the magistrate, «that proves nothing does it?»   

   «No», admitted the witness, «only, you see, the Minister of Transport wasn't there».

 

* * *

   A beautiful blonde walked into a Chicago police station and gave the desk sergeant a detailed description of a man who had dragged her by the hair down three flights of stairs, threatened to choke her to death and finally beat her up.

    "With this description we'll have him arrested in no time", said the desk sergeant.

   "But I don't want him arrested», the young woman protested. "Just

find him for me. He promised to marry me".

• Surrey has set up a new cheque squad to combat fraud in the country. Officers in the financial investigation unit have begun a systematic investigation of every stolen cheque and credit card using computers. intelligence and forensic science.
• Officers from South Wales arrested six men and women during an operation targeting drug dealers in the Rhondda. Drugs (amphetamines and cannabis) were recovered along with weapons including hatchets and daggers.
• Essex Police is setting up a shop to help burglary victims identity stolen jewellery. The five-day road show will be held in an empty shop from September 19. It has been prompted by Operation Sapphire to investigate burglaries in the country. Four people have been charged.
• Surrey Police have uncovered cannabis factories - including one with 200 plants - during a series of early morning drug raids. Operation Scorpion resulted in 12 arrests. About 100 officers worked on the operation for two days and 24 properties were searched.