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)

Criminal courts

Which courts in England and Wales exercise criminal

jurisdiction?

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)

CRIMES

AGAINST the AGAINST the STATE and PERSON PUBLIC PEACE and ORDER AGAINST PROPERTY

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 I – Answer key

1.warrant of arrest2.indictment3.summons

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

Vocabulary exercise III – Answer key

1.detained2.acquitted3.appears4.charge

5.sentence/penalty6.bail