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WHO CAN BE APPOINTED TO THE POSITION OF A PROSECUTOR?

I. Read and memorize the following words and word combinations:

unified – уніфікований, the Attorney General of Ukraine – Генеральний прокурор України, attached – прикріплений, доданий, constitute – утворювати, складати, entrust – доручати, on behalf of – від імені, the supervision of the observance of laws – нагляд за дотриманням законів, inquiry – розслідування, coercion – примус, насильство, restraint – обмеження, preliminary investigation – попереднє розслідування

II. Read and translate the text.

The prosecution bodies of Ukraine constitute a unified centralized system that is headed by the Attorney General of Ukraine. The system of prosecution bodies constitutes the General Prosecutor's Office of Ukraine, the Prosecutor's Offices of the Autonomous Republic of Crimea, regions, cities of Kiev and Sevastopol (on the basis of regional), local, district, inter-district and other attached to them, and the Military Prosecutor's offices.

The prosecution bodies constitute a three level system. The high level is the General Prosecutor's Office of Ukraine; the middle level is the regional and attached prosecutor's offices (31 in general); and the lower level is the district and attached prosecutor's offices (868 in general).

The General Prosecutor's Office of Ukraine is entrusted with: the prosecution in court on behalf of the State; the representation of the interests of a citizen or of the State in court in cases determined by law; the supervision of the observance of laws by bodies that conduct detective and search activity, inquiry, and pre-trial investigation; and the supervision of the observance of laws in the execution of judicial decisions in criminal cases, and in the application of other measures of coercion related to the restraint of the personal liberty of citizens.

The Public Prosecutor's Office continues to exercise, in accordance with the law in force, the function of supervising the observance and application of laws and the function of preliminary investigation, until the laws regulating the activity of state bodies in regard to the control over the observance of laws are put into force, and until the system of pre-trial investigation is formed and the laws regulating its operation are put into effect.

The Attorney General of Ukraine is appointed with the consent of the Verkhovna Rada of Ukraine and dismissed by the President of Ukraine. Citizens of Ukraine, who have higher legal education, and essential business and moral qualities, can be appointed to the posts of prosecutors and investigators.

III. Agree or disagree:

1. The prosecution bodies of Ukraine constitute a unified centralized system that is headed by the Attorney General of Ukraine.

2. The prosecution bodies constitute a two level system.

3. The high level is the General Prosecutor's Office of Ukraine and the regional and attached prosecutor's offices (31 in general).

4. The lower level is the district and attached prosecutor's offices (888 in general).

5. The General Prosecutor's Office of Ukraine is entrusted with: the prosecution in court on behalf of the Public.

6. The General Prosecutor's Office of Ukraine is also entrusted with: the supervision of the observance of laws by bodies that conduct detective and search activity, inquiry.

7. The General Prosecutor's Office of Ukraine is entrusted with the supervision of the observance of laws in the application of measures of coercion related to the restraint of the personal liberty of citizens.

8. The Public Prosecutor's Office continues to exercise the function of supervising the observance and application of laws and the function of preliminary investigation.

9. The Attorney General of Ukraine is appointed with the consent of the President of Ukraine and dismissed by the Verkhovna Rada of Ukraine.

10. Citizens of Ukraine, who have higher education, and essential business and moral qualities, can be appointed to the posts of prosecutors and investigators.

IV. Answer the questions:

1. What constitutes the system of prosecution bodies?

2. How many levels are there in prosecution bodies system?

3. What is the General Prosecutor's Office of Ukraine entrusted with?

4. Who appoints and dismisses the Attorney General of Ukraine?

5. Who can become a prosecutor or investigator?

 

 

UNIT 11

JUDICIARY IN GREAT BRITAIN AND THE USA

 

JUDICIARY IN GREAT BRITAIN

I. Read and memorize the following words:

Proceeding, Magistrates’ Courts, offence, offender, indictable, throughout, preside, injury.

II. Read and translate the text.

Criminal Proceedings. There are two courts of trial and two courts of appeal for criminal proceedings in England, Wales and Northern Ireland. The courts of trial are the Magistrates' Court and the Crown Courts, and the courts of appeal are the Court of Appeal and the House of Lords.

The Magistrates' Court. The most common type of law court in England and Wales is the Magistrates' Court. The Magistrates' Court is the lower court of trial. It deals with summary offences. More serious criminal cases (indictable offences) then go to the Crown Court. Civil cases are dealt with in County courts.

Magistrates' Courts have limited powers of penalty but they may commit a convicted offender to the Crown Court if it is considered that the powers of the Magistrates' Court are insufficient. Approximately 95% of all prosecutions are dealt with in the Magistrates' Courts.

Juvenile Courts are composed of specially trained magistrates. They try most charges against children and young persons under the age of 1 8 years.

The Crown Court. The Crown Court is the senior court of trial for criminal offences. The courts are established at various centres throughout the country. The courts are presided over by either a High Court Judge, Circuit Judge or Recorder who sits with a jury. The Crown Court for the City of London is the Central Criminal Court, also known as the Old Bailey.

The Crown Court may also hear appeals against conviction and/or sentence for some offences dealt with at the Magistrates' Court.

The Court of Appeal. The Court of Appeal hears appeals from criminal cases heard in the Crown Courts.

The House of Lords. The House of Lords is the most senior and final court of appeal.

Civil Proceedings. Civil proceedings consist of litigation about property, family matters and actions to obtain financial redress for damage to property and personal injury. The courts of trial for such litigation are the County Court and the High Court of Justice. County Courts are local courts and are presided over by a single Judge. The High Court of Justice is situated in London. Some cases before the High Court of Justice may be heard before a jury.

III. Vocabulary list

Judiciary — судочинство

court of trial — суд першої інстанції

court of appeal — апеляційний суд

the Magistrates' Court — Магістральний суд

the Crown Court — Королівський суд

juvenile court — суд у справах неповнолітніх

summary offence — злочин, який не становить великої суспільної небезпеки;

indictable offence — особливо тяжкий злочин;

jury — суд присяжних;

penalty — покарання, стягнення, штраф;

convicted — ув'язнений, в'язень;

prosecution — судовий розгляд;

judge — суддя;

to sentence for smth — засуджувати за щось; виносити вирок;

litigation — тяжба, спір;

to obtain financial redress for smth — одержати фінансове відшкодування за щось;

injury — образа, кривда;

IV. Read and translate:

a) trial; jury trial; a fair trial; a closed trial, a court trial; to be on trial for murder; a field trial; to conduct a trial; to hold a trial; to bring somebody to trial, to put somebody on trial; to stand trial for murder; the case went to trial.

b) Sentence; to impose a sentence; to pass a sentence; to carry of a sentence; to execute a sentence; to serve a sentence; to reduce a sentence; to suspend a sentence; a severe sentence; a light sentence; a death sentence; a life sentence; a prison sentence; to sentence; to sentence to five years for theft.

 

V. Fill in the blanks:

1. There are two courts of... and two courts of... for criminal proceedings in England, Wales and Northern Ireland,

2. The Magistrates' Court deals with....

3. More serious offences go to the....

4. Magistrates' Courts have limited powers of....

5. Magistrates' Courts may commit... to the Crown Court.

6. Approximately 95% of all... are dealt with in the Magistrates' Court.

7. ... courts try most charges against children and young persons under the age of 18 years.

8. The Crown Court is the senior court of trial for.......

9. The Crown Court may hear... against conviction and/or... for some offences dealt with at the Magistrates' Court.

10. The Court of... hears appeals from criminal cases heard in the Crown Court.

11. The House of Lords is the most senior and final.......

12. Civil proceedings consist of... about property, family matters and actions to obtain... for damage to property and personal injury.

13. County Courts are... over by a single Judge.

14. Some cases before the High Court of Justice may be heard before....

VI. Read the following sentences and decide if they are true or false:

1. The courts of trial are the Magistrates' Court and the Crown Court.

2. The courts of appeal are the Court of Appeal and the House of Lords.

3. The Magistrates' Court is the senior court of trial.

4. The Magistrates' Court deals with summary offences.

5. More serious offences are committed to the Crown Court.

6. Juvenile Courts try charges against convicted offenders.

7. Juvenile Courts try most charges against children and persons under the age of 18 years.

8. The Crown Court is the lower court of trial.

9. The Court of Appeal hears appeals from criminal cases heard in the Crown Courts.

10. The House of Lords is the most senior and final court of appeal.

11. Criminal proceedings consist of litigation about property, family matters and actions to obtain financial redress for damage to property and personal injury.

12. County Courts are local courts and are presided over by a jury.

VII. Find words and expressions in the text which mean:

1. the system of law courts in a country;

2. place where law-cases are held;

3. person against whom a legal action is brought;

4. punishment for wrongdoing;

5. court where children are tried;

6. crime breaking of a rule.

VIII. Ask questions to get the following answers:

1. There are two courts of trial and two courts of appeal for criminal proceedings in England, Wales and Northern Ireland.

2. The courts of trial are the Magistrates' Court and the Crown Court.

3. The courts of appeal are the Court of Appeal and the House of Lords.

4. The Magistrates' Court deals with summary offences.

5. The Crown Court deals with indictable offences.

6. Magistrates' Courts have limited powers of penalty.

7. Approximately 95% of all prosecutions are dealt with in the Magistrates' Courts.

8. Juvenile Courts try most charges against children and young persons under the age of 18 years.

IX. Answer the following questions:

1. What courts are there in England, Wales and Northern Ireland?

2. What offences does the Magistrates' Court deal with?

3. Where must be the most serious offences committed to?

4. What charges do Juvenile Courts try?

5. What court is the senior court of trial for criminal offences?

6. What is the most senior and final court of appeal?

7. What do civil proceedings consist of?

8. Where is the High Court of Justice situated?

X. Complete the following sentences by translating the words and expressions in brackets:

1. All criminal cases start in the (магістерському суді).

2. More serious criminal cases then go to (Королівський суд).

3. Civil cases are dealt with in (судах графств).

4. Appeals are heard by (апеляційними судами).

5. The highest court of appeal in England and Wales is (Палата лордів).

6. The legal system also includes (суди у справах неповнолітніх) which deal with offenders under seventeen.

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