Lesson
SOLICITORS AND
1
BARRISTERS
Exercise 1
Diana Williams is a lawyer. Today she is going to visit a school in her town to talk to the students about a
career in law. Here are some of Diana’s notes for her talk. In this section she is talking about the two
separate professions that exist in England, solicitors and barristers. Fill in the gaps in the text with the
correct word from the box below.
partner
qualify
partnerships
judge
practices
court
client
solicitor
attorney
audience
© associate
issued
My notes for careers talk at Chatsworth Hill School.
In England we have
other is a barrister.
USA every lawyer is
decide at sometime
to (c)
two different types of lawyer. One is known as a (a)
and the
Both are called ‘lawyers’. This can be a little confusing because in the
usually known as an (b)
. An English law student has to
during their university studies which type of lawyer that they would like
as.
Most English law students decide to become a solicitor. These are the lawyers that a
(d)
, the person who pays for the services of a lawyer, will usually meet first.
Often the solicitor can help the client without the need for a barrister.
Most solicitors work in small private businesses, known as ()
, in what are
called ‘High Street firms'. This phrase ‘High Street firm' refers to a typical, small group of
solicitors working together in the type of offices that you can find on the major streets of any
English town or city. Many law firms are set up as (f)
. A new lawyer will
‘
|
usually work first as an (g)
of the firm and gain some experience while being
paid a fixed salary before being offered the opportunity to become a (h)
|
A typical High Street solicitor usually specialises in a particular area of law, such as famlly,
‘
employment or commercial law. Many people believe that solicitors cannot act for their
clients in (i)
but this is untrue. Thousands of solicitors appear in court every
day, especially in the County Courts where most claims are (j)
The second type of lawyer found in England is known as a barrister. Barristers are usually
‘
|
specialists in a very particular area of law. They give advice and opinions to solicitors and
their clients. Barristers have the right of (k)
(the right to be heard by a
judge) in all of the courts in the land. Barristers often share offices, known by the traditional
|
name of chambers, although they all work alone as individuals because they are forbidden
|
to work as partners.
[
|
After several years of experience, members of either profession may apply to preside over cases
andsitasa (I)
. Within the English legal system a law student cannot take an
exam to be a judge but has to wait to be appointed after some years of experience as a lawyer.
AREAS OF LAW
Exercise 1
Look at the words in the box and decide if they come from civil law or criminal law.
a robbery
criminal
civil
e
b contract
criminal
civil
¢ partnership
criminal
d prison
criminal
litigation
criminal
civil
f sue
criminal
civil
civil
g business
criminal
civil
civil
h
criminal
civil
prosecute
Exercise 2
Look at the categories of civil law and match them with the simple definitions provided below.
Maritime law
LT. law
The law of tort
Intellectual property law
Business and company law
Family law
Contract law
Employment/labour law
The law of equity & trusts
The law of real property/conveyancing
The law that deals with the protection of the
rights of inventors (who might invent a new
drug or machine) or artistes (who might write
a book or a song).
The law that deals with private agreements
The law that deals with situations where
someone has control of property for a period
The law that deals with every citizen's
responsibility not to harm other people in
of time and must look after it for the benefit
any way, even if it is not a contractual or
of someone else.
criminal situation.
The law that deals with events such as
divorce and the custody of (the right to look
The law that deals with people’s rights, pay
between people or companies and tries to
make sure that no one suffers a loss if an
agreement is broken.
or conditions in the workplace.
after) children.
The law that deals with the way businesses
The law that deals with everything connected
are set up (created) and run (operated)
with information and how it is passed
how they must work in relation to each other
between
and the general public.
people, especially by means of
and
the Internet.
The law that deals with land, including
transferring the ownership of buildings or
land from one person to another.
The law that deals with everything connected
with the sea or ships.
Exercise 3
Look at the situations below and decide which area of civil law is relevant.
a
Anna agreed to pay Paul £4000 to landscape
the garden at her new house. Paul has now
finished the work but Anna says she is not
satisfied with it and she has refused to pay him.
| e
However, he now wishes to leave Ruth and live
with Jane. Bill and Ruth cannot decide how to
share their property between them.
The area of law is
The area of law is
b
¢
Caroline and Susan want to start a business
together. They need a solicitor to draft an
agreement for them about how they will share
all the responsibilities of the business.
Phillip has received an offer to buy his house,
but there is a problem with the exact position of
the boundary. The buyer's solicitor must check
this before the contract is signed.
The area of law is
The area of law is
Daniel wants his two-year old grandson, Wayne,
to have his house when he dies. However, if
Daniel dies before Wayne is 21 years old Daniel
wants his friend, Harry, to look after the house
until Wayne reaches 21 years old.
f
g
Elisabeth’s company transports goods from
South America to England by ship. However,
there was a bad storm at sea last week and
the ship carrying the goods sank off the coast
of France.
The area of law is
The area of law is
d
Bill has been married to Ruth for 14 years.
Emily has been in hospital and has been very
ill after an operation. She thinks that the
doctor was negligent and that he has made
her illness worse by his actions. She wants to
claim damages.
h
David has been using the Intemet to send a lot
of private emails at work and his boss says that
this is an abuse of the time for which he is paid.
David has been sent home from work on full pay
because his boss is investigating the situation.
The area of law is
The area of law is
Collocation bank
© to pass information
« to suffer a loss
* to set up a business
© to run a business
® to draft an agreement
» to claim damages
Preposition bank
@ to pass information between two people or
among a group of people
‘Once the confidential information had
passed between the two of them, it was
known among the whole group in the office
in just a few days."
® to be married to someone
‘She has been married to Peter for
seven years."
@ to be on full pay
‘The company suspended him from work
on full pay."
THE REGISTER OF LETTER WRITING
Exercise 1
Diana Williams has received this letter from a student at the school where she gave her talk.
The words that have been underlined are too informal. Complete the same letter on the next page by
choosing a better word or phrase from those in the blue box.
6 The Gate
Chatsworth
CH15 2MM
Miss Diana Williams
24 April 20XX
Chester and Pelton, Solicitors
227 Gallowgate
Chatsworth
CH14NG
Dear Miss Williams
Your talk at Chatsworth Hill School last week
Thank you very much for the talk that you gave to our class on Tuesday. It was very
interesting. | am thinking very seriously about becoming a lawyer and | hope that you
can answer some questions about one or two things that were not included in your talk.
(a) In the first place, | am a little worried about the process of (b) using the civil court to
start off a legal process. | am thinking of getting a claim form and some leaflets to try to
find out more. If | go to the County Court in Chatsworth, will | be allowed to pick up a
claim form just to look at? Also, could you tell me a little more about (c) writing more
complicated legal documents such as contracts? | am very nervous about this part of
the work. My mother and father bought a new house recently and the solicitor who did
the (d) real estate transfer of ownership seemed to do a lot of very difficult paperwork.
What happens if | make a mistake? Can the client (e) start a case in the court if | give
them (f) wrong advice?
Also, you said that in the future there is going to be a lot of (g) discussing problems
with someone who can help find an agreement between clients instead of going to
court so often. This worries me a little. Does it mean that there will be less work for
lawyers and some firms may think about making people (h) out of work?
(i) Last, you said that lawyers usually work in partnership and are rarely (j) lawyers who
work alone. What will happen if | join a partnership about (k) getting the usual pay from
my law firm when | am ill, or when | have a baby and | need to take (l) some time away
from work to look after him or her?
Thank you in advance for your help.
.
Yours sincerely
Emma Soame
» mediation
drafting
© maternity leave
sick pay
Finally
& conveyancing
Firstly
redundant
© negligent
issuing a claim
' sue
sole practitioners
6 The Gate
Chatsworth
CH15 2MM
24 April 20XX
Miss Diana Williams
Chester and Pelton, Solicitors
227 Gallowgate
Chatsworth
CH1 4NG
Dear Miss Williams
Your talk at Chatsworth Hill School last week
Thank you very much for the talk that you gave to our class on Tuesday. It was very
interesting. | am thinking very seriously about becoming a lawyer and | hope that you
can answer some questions about one or two things that were not included in your talk.
(a)
. | am a little worried about the process of (b)
I am thinking of getting a claim form and some leaflets to try to find out more. If | go
to the County Court in Chatsworth, will | be allowed to pick up a claim form just to
look at? Also, could you tell me a little more about (c)
more
complicated legal documents such as contracts? | am very nervous about this part
of the work. My mother and father bought a new house recently and the solicitor who
did the (d)
seemed to do a lot of very difficult paperwork. What
happens if | make a mistake? Can the client (e)
if | give them
(U]
advice?
Also, you said that in the future there is going to be a lot of (g)
between clients instead of going to court so often. This worries me a little. Does it
mean that there will be less work for lawyers and some firms may think about making
people (h)
2
(i)
@)
(k)
. you said that lawyers usually work in partnership and are rarely
. What will happen if | join a partnership about
, or when | have a baby and | need to take (I)
?
Thank you in advance for your help.
E S
Yours sincerely
Emma Soame
.
Lesson 1 Homework
USING YOUR KNOWLEDGE
Collocation review
Complete these sentences with a collocation that you have seen.
a
You are 50 years old now Mr Johnson, you should really think about
b
If you do not honour your side of the agreement that you have signed, I'm afraid | will have to sue
you for
of contract.
¢
| have spent the last few hours
d
| finished my training contract and started work two years ago, so I'm fairly new to the legal
profession. When did you
___asalawyer?
e
| am thinking of
f
She has been
a will.
a business partnership agreement for two new clients.
a new business and | need some advice about how to start.
her own
business for several years now and she has been very
successful.
g
There are two separate professions who are allowed to
USA they don’t make this distinction.
h
I'm afraid my client
i
We are starting proceedings immediately and we will be claiming
j
| am going to
law in England but in the
_a very serious loss due to your client's actions.
of £10,000.
my law exams in June next year.
Vocabulary review
Complete these sentences with a word that you have seen.
a
A person who pays rent to a landlord is &
b
He has worked for that company for 20 years but business isn't good at the moment and they might
have to make him
-
¢
They went into
d
Sheis an expert in
money to pay their debts.
e
She deals with
- It concerns the buying and selling of land and houses and making
sure the ownership of them is legally transferred.
f
The process of two people talking about their legal problem with an independent person to help
last year, which means they own and run the business together.
procedures. She deals with companies that don't have enough
them agree on a solution is called
g
If you want to sue someone who hasn't been careful enough, the grounds for your case would
probably be _
h
The type of lawyer who works in chambers and pleads cases (usually in the higher courts) is known
asa
i
j
Things that are produced in order to be sold are called
Alawyer in the USA is usually known
by the general name of
Preposition review
Complete these sentences with the correct preposition.
a
|am working
a very interesting merger project at the moment.
b
Alandiord is a person who receives rent
¢
I'm afraid that this firm does not deal
d
| am based
e
In your claim form you have made some very serious allegations
f
She imports goods
g
Which judge
h
We will lend you the money subject _
i
Please send a cheque _
j
Have you heard the news? Jennifer and Steven have gone
someone.
criminal law.
Stockholm at the moment.
_ my client.
Germany from China.
is presiding
this case?
confirmation of the amount of your salary.
_£20 to this address.
_ partnership.
Glossary.
partner/ partnership
qualify
judge
court
practices
client
solicitor
attorney
maternity leave
mediation
sick pay
conveyance
negligence
sue
to issue a claim
sole practitioner
to draft an agreement
to suffer a loss
to run a business
to pass information
audience
associate
issued
to qualify as a lawyer
to act for a client
to sit as a judge
to gain some experience
to issue a claim
to take an exam
to go into partnership with
somebody
to specialise in
to work in/for business
to preside over a case
to claim damages
to set up a business
to make a will
a breach of a contract
to be made redundant
Lesson 2 Criminal Law
Crime 1: Crime categories
A crime is an
if the accused
found guilty in
accused must
state of mind.
illegal act which may result in prosecution and punishment by the state
(= the person or people charged with a crime) is / are convicted (=
a court of law). Generally, in order to be convicted of a crime, the
be shown to have committed an illegal (= unlawful) act with a criminal
Look at the list of crimes in the box, then look at the categories below. Decide which
category each one comes under, and write the crime in the appropriate space in the
table. Some crimes can be listed under more than one category. One of the words /
expressions in the list is not a crime.
1. abduction
2. actual bodily harm
3. aiding and abetting (=
assisting) an offender
4. arson
5. assault
6. battery
7. being equipped to steal
8. bigamy
9. blackmail
10. breach of the Official
Secrets Act
11. breaking and entering
12. bribery
13. burglary
14. careless or reckless driving
15. committing a breach of the
peace
16. conspiracy
17. contempt of court
18. criminal damage
(vandalism, and sometimes also
hooliganism)
19. deception or fraud in
order to obtain property,
services or pecuniary
advantage
20. driving without a licence
or insurance
21. drug dealing
22. drunk in charge / drink
driving
23. embezzlement
24 espionage
25. forgery
26. grievous bodily harm
27. handling stolen goods 28.
indecency
29. indecent assault
30. infanticide
31. manslaughter
32. misuse of drugs
33. money laundering
34. murder
35. obscenity
36. obstruction of the
police 37. paedophilia
38. perjury
39. perverting the course
of justice
40. piracy
41. possessing something
with intent to damage or
destroy property
42.
43.
44.
45.
46.
47.
48.
49.
50.
51.
52.
possessing weapons
racial abuse
rape
robbery
sedition
suicide
terrorism
theft
treason
unlawful assembly
wounding
Crimes against the person
Crimes against property
Public order offences
Road traffic offences
Sexual offences
Political offences
Offences against justice
Name
the offence
Look at these situations, then decide which crime has been, or is being,
committed in each case. These crimes can all be found in Crime 1 on page 29,
but try to do this exercise first without referring back. In some cases, more
than one option is possible. (Note that you do not need to use all of the crimes
from page 29).
1. TV Newsreader: Police believe the fire was started deliberately at around 2 o'clock
this morning when burning paper was pushed through the letterbox. They are
appealing for witnesses to the event.
2. Crown Prosecutor. Tell us in your own words exactly what happened.
Witness: We were in the bar when a man walked up to the victim, pointed a gun at
his head and said "You're a dead man."' Then he pulled the trigger three times.
3. Police constable: You were going in excess of 60, and this is a 30 zone.
Man in car: | think you're mistaken, constable. | was well within the speed limit.
4. Woman: When | got home, | discovered that my back door had been broken open.
Police officer. Had anything been stolen?
Woman: Yes, my new laptop, £200 in cash and my pet parrot.
5. Police officer. I'm sorry sir, but | have to report your actions to the proper
authorities. Man: Look, officer, here's £50. Let's just pretend this didn't happen, eh?
6. Extract from a newspaper article: The two men were arrested and detained after
police checks revealed that they had been distributing pornographic material over
the Internet.
7. Interviewing detective: All right, Dagsy. We know you didn't do the Cornmarket
Street bank job yourself, but we know that you were involved somehow.
Police suspect. | was just driving the car Mr Regan, honest. And | didn't know what
the others were up to until they came back with bags of cash.
8. TV newsreader. The car bomb went off in a busy marketplace, injuring several
shoppers.
9. Radio newsreader: The police raided a house in New Street this morning and
recovered 250 illegal copies of the latest Harry Potter film, along with professional
film copying equipment.
10. Man reading newspaper. | don't believe it. The Foreign Minister has been caught
giving government secrets to another country!
11. Political agitator: Now is the time to rise up and overthrow the running dogs that
call themselves our government. Death to the Prime Minister and his cronies! Death
to the Royal Family! Death to the system that bleeds us dry and abandons us!
Unwashed anarchist hordes: Hooray!
12. Shop assistant: | can't accept this £20 note, madam. It's a fake. Customer:
What? You mean it's counterfeit?
Shop assistant: I'm afraid so. Do you have any other means of payment?
13. Extract from a newspaper article: The investigation into the rail accident
confirmed that it occurred because the rail company had failed to maintain the tracks
properly over a five-year period. Eight people died when the train left the tracks and
hit an embankment.
14. Police officer. Take your time and tell me what happened, dear.
Pensioner: The man who came to my door said he had come to read the electric
meter,
so | let him in. | went to the kitchen to make him a cup of tea. When
had gone, and so had my television.
| returned he
15. TV newsreader. A journalist working in the city disappeared this morning. Police
later received a note from a militant faction claiming that they had taken him and
were holding him hostage.
16. Woman: The graffiti around here is getting really bad. Last week somebody
wrote 'Chelsea are rubbish' on our garden wall.
Man: That's not good. It should say 'Chelsea are complete rubbish'.
17. Man: Look at this note, Cheri. It arrived in the post today. It says 'Leave £10,000
in cash in the bin by the bus stop, or I'll tell everyone your dirty secret'.
Woman: Don't worry about it, Tony. It's probably another little joke from him next
door.
18. Prosecuting lawyer. Tell us again what happened on the night of the incident, Mr
Williams. And let me remind you that you are still under oath.
Defendant: Like | told you, | was at home asleep, so | have no idea what happened.
Prosecuting lawyer. Don't lie, Mr Williams. We have video evidence that you were in
the nightclub until 3am. And you were seen by several witnesses.
19. Defendant: | don't recognise this court. This trial shouldn't be taking place.
Judge: Sit down, Mr Dowling. You are out of order.
Defendant. Oh shut up, you silly old woman. Go back home and do some washing
up or something.
20. Accountant: We've audited these accounts very carefully, and they just don't add
up. Office manager: What exactly are you saying?
Accountant: I'm saying that someone in your office has been secretly helping
themselves to company money.
21. TV presenter. Jimmy Bond, a former government intelligence agent, has just
published a book about the Intelligence Service called 'Lifting the Lid". In it, he gives
us a revealing insight into the life of a secret agent. The government have strongly
condemned the book, claiming it contains classified information that should not be in
the public domain.
22. Magistrate: Constable, could you explain what happened?
Police constable: | was proceeding down Newland Street at approximately 8 o'clock
last night when | heard a lot of shouting coming from The Newlands Inn public
house. On entering, | saw the accused in a state of undress and dancing on a table.
Magistrate: You mean he was naked?
Police constable: Yes. As the day he was born.
23. Radio newsreader: The judge in the trial of notorious gangster Joe 'Pinko' Pallino
adjourned the court today after it was revealed that several members of the jury had
been offered bribes and other incentives to pass a verdict of 'not guilty' on Mr Pallino.
24. TV presenter. A bank account was opened in a false name in the Bahamas, and
the cash deposited there. The funds were then sent by telegraphic transfer to
another account in Switzerland, and the Bahamas
account was closed. It was at this
stage that the Metropolitan Police called in Interpol.
Criminal procedure (part 1)
Imagine that a crime has taken place. Look at sentences 1 — 15 (which explain
what happens next) and rearrange the letters in bold to make words and
expressions. The first letter of each word / expression is in the correct place.
Note that one word
is used twice, but with a different meaning.
Once the crime has been cedmitomt, it is rotpeder to the police by the vitmic.
The police arrive at the sneec of the crime to itsanetiveg what has happened.
They look for important cesul and other ecdnevie (for example, fingerprints or a genetic profile)
that will help them to identify the crupitl.
In some cases, they will also try to establish if the mudso odiranpe (a Latin expression which
describes the way in which the crime was carried out) matches other crimes in the area.
If they have a stupsce who doesn't have a good iblia, they will then arepnhedp him*.
When he is artsrede, the police will conutia him (in other words, they warn him that anything he
says might be used later in court).
He is then taken to the police station, where he is iewervinted by the iigengstatinv oerfsicf.
He is allowed to have a sitocirol present if he wants.
If he wants lagle ratprstionneee at this stage, but cannot afford it, the police must provide it.
If, at the end of the interview, the police believe that they have the right man, they ceragh him
with the crime.
A stemnttae is prepared, which is signed by all parties present.
The ascedcu is then either redseale on bali (in other words, he is allowed to leave the police
station and go home in exchange for a financial ‘deposit’, on condition that he promises to appear
in court when required: if he doesn't appear in court, he will lose this deposit and a twrraan will
be issued for his arrest), or he is rdaeedmn
in cysodut and locked in a cell to prevent him from
running away.
More questioning will probably follow: the police need as much pofor as possible (anything that is
assdblimie in court will help them to get a cinonctivo), and they may also be interested in any
apcosmiccel who may have helped their man.
The police will also want to talk to any wisestsen who were present when the crime took place.
The next day, the man appears before a metgiasrat in a metgiasrats' court. If the police present
their csea properly and have followed all the correct procedures and protocols, he will then be
cedmitomt for tirla at a Conwr Court.
Criminal procedure Part 2
Before you do this exercise, see Crime 3 on the previous page.
Here are the various stages of a criminal trial. Read through them, and try to
remember as much information as possible. Then cover this page, and try to
complete the same sentences on the next page with the information that has
been removed.
When the accused knows that he is going to stand trial, he asks a solicitor to prepare his case.
The information collected is then given to a barrister who will defend him in court.
In a criminal case, the police will have their own barrister, who is known as the Crown
Prosecutor.
These two barristers are referred to throughout the trial as counse/ for the defence and counse/
for the prosecution.
Before the trial begins, the counsels review their evidence and decide how to present their case.
Members of the jury, when required, are selected and briefed on their duties. A date for the trial
is arranged.
At the beginning of the trial, the judge asks the defendant how he pleads: 'quilty' or 'not quilty'.
Both counsels then address the jury with a summary of what they believe is true, and explain
what the jury will hear at the trial.
The counsel for the prosecution then calls and questions witnesses. The counsel for the defence
can cross-examine these people. The defendant will also be questioned by both counsels.
At the end of the trial, the counsels summarise the facts as they see them, and the jury then
retires to deliberate in private.
When the jury has reached its verdict, it returns to the court and the foreman of the jury delivers
the verdict to the court.
If the defendant is found to be 'not guilty’, he is acquitted.
However, if the jury's verdict is 'quilty’, the defendant is convicted and sentenced by the judge.
The defendant may have to serve a custodial sentence (in other words go to prison), he may be
given a suspended sentence, or he may be fined (or a combination of two of these)
If the defendant is not happy with the decision of the court, he is free to appeal to a higher
court. The highest courts for appellants in England and Wales are the House of Lords and the
Court of Justice of the European Communities (also called the European Court of Justice, or ECJ
for short).
When the
his
knows that he is going to stand trial, he asks a
The information collected is then given to a
who will
In a criminal case, the police will have their own
to prepare
him in court.
barrister, who is known
as the
(2 words).
These two barristers are referred to throughout the trial as
(4 words).
Before the trial begins, the counsels review their
(4 words) and
and decide how to present their
case.
Members
of the
, when
required, are selected and
on their duties. A
date for the trial is arranged.
At the beginning of the trial, the judge asks the defendant how he
'
' (2 words).
Both counsels then address the jury with a
what the jury will hear at the trial.
or
of what they believe is true, and explain
The counsel for the prosecution then calls and
. The counsel for the
defence can
(2 words joined by a hyphen) these people. The defendant will
also be questioned by both counsels.
At the end of the trial, the counsels summarise the facts as they see them, and the jury then
to
in private.
When the jury has reached its
jury delivers it to the court.
, it returns to the court and the
If the defendant is found to be 'not guilty', he is
However, if the jury's verdict is 'guilty’, the defendant is
judge.
The defendant may have to serve a
be given a
sentence, or he may be
and
of the
by the
sentence (in other words go to prison), he may
(or a combination of two of these).
If the defendant is not happy with the decision of the court, he is free to
to a higher
court. The highest courts for
in England and Wales are the House of
and the Court of Justice of the European Communities (also called the European Court of
Justice, or
for short).
Introduction
Apartfrom fatal offences suchas murder or manslaughter,
there are other non-fatal offences against the person.
These include stalking, harassment, coercive control,
as well as assault, battery, and sexual assault. In these
-
WHAT IF...
... a party makes a series of phone calls to an
ex-wife but does not speak. Can this be assault?
offences, the Victim is not dead.
1. Offences against the Person
ASSAULT
Assault may happen when a person threatens another with violence by raising their fists as if to strike them
or waving a knife or a gun in their direction. But it would not be assault, if the victim had no expectation of
being harmed, either because it is a friendly joke or that the accused was not able to carry out their threat,
because they are in handcuffs.
“Words” alone may be assault, although words may negate what would be an assault. “Silence” may be
assault. The important element in assault is that the Victim feared for their safety because of a threat.
BATTERY
Battery is also called physical assault in that there must be physical contact between the Accused and the
Victim. For example, where someone punchesa person in the face or kisses another, this may be a battery. In
fact, any unlawful touching may be a battery even though it does not cause injury. Consent is a defence to
assault and battery as long it is informed consent. However, if the Accused intended or caused actual bodily
harm, consent is not a defence.
HORSEPLAY AND SPORTS
Assault may be legal if it is in the public interest. Assault normally is not committed in boxing or other
contact sports (such as rugby), or in surgery, tattooing, in circus stunts, and undisciplined horseplay
such as children throwing each other in the air.
STATUTORY OFFENCES AGAINST THE PERSON
Under the Offences against the Person Act 1861 (OAPA 1861) there are a number of statutory offences
against a person. They are covered by Sections 47, 20 and 18 of the OAPA 1861.
SECTION 47 OFFENCES AGAINST THE PERSON ACT
Where there is an assault causing actual bodily harm, s 47 applies. Any hurt or injury which interferes with
the comfort or health of the victim will also fall within this section. This section covers aggravated assault
or aggravated battery. It does not include emotions such as fear, panic, or states of mind but may include
medically recognized conditions like psychiatric harm.
SECTION 20
This section covers maliciously wounding
or inflicting any grievous bodily harm
on another person,
either with or without a weapon or instrument. The wound must involve the breaking of the skin, that is the
dermis and epidermis. To be grievous bodily harm it must be serious. Therefore, even breaking a leg may be
grievous bodily harm even though no skin is broken. Grievous bodily harm may also include a substantial
loss of blood, long term treatment due to a permanent disability, or loss of sensory function, or permanent
disfigurement. The Courts have held that psychiatric harm may be grievous if it is serious enough.
SECTION 18
To fall under this section, the act must be unlawful and malicious wounding or causing any grievous bodily
harm, with the intent to do this type of harm, or to resist or prevent lawful apprehension or detention.
Therefore, if a person causes grievous bodily harm, or wounds with malicious intent to resist arrest, or where
they cause grievous bodily harm with the intent to cause it, or cause grievous bodily harm with malicious ~
intent to resist arrest, an Accused may be found guilty of a Section 18 offence. A Section 18 offence is a more
serious offence and will carry heavier sentences if the Prosecution successfully proves all the elements of the
offence beyond reasonable doubt and the Accused is not able to establish a Defence.
2. Offences against Property
THEFT
There are five elements
in the offence of Theft. They include
e
——————
DID YOU KNOW?
In R v Lloyd [1985] QB 829 (CA), the Court
an appropriation, property, property belonging to another,
held that the Accused Lloyd was not guilty
dishonesty, and an intention to permanently deprive another.
The most common forms of theft include pickpocketing or
of theft. The facts are that while he was
employed in a cinema, he took films away for
shoplifting.
a few hours to make pirate copies and would
then return them. He sold the pirate copies.
FRAUD
Fraud falls under the Fraud Act 2006. Fraud may be committed
by false representation, failing to disclose information and by
an abuse of position.
The Court held that there was no theft as he
did not have the intention to permanently
deprive the cinema of their ownership.
False Representation
If the Accused dishonestly makes a false representation and intends to make a gain
for oneself or another, or to cause a loss to another or to expose another to the risk of a loss, then they will be
charged with fraud. The representation can be about any fact or law and may be expressed or implied.
Failing to Disclose Information
This offence is committed where a person dishonestly fails to disclose
to another person information that they have a legal duty to disclose and that by not disclosing, they want
to make a gain for themselves or another.
An Abuse of Position
Where an Accused is in a position is in which they are expected to protect or not to
act against the interests of another person and they dishonestly abuse that position, with the aim of making
themselves a gain or making another suffer a loss, or expose them to a risk.
BURGLARY AND ROBBERY
Burglary involves somebody entering a building as a trespasser and intendingto commit an offence or steal
or attempt to steal something from inside the building. A person who enters into a building when invited
will not become a trespasser unless and until they exceed their permission at which point, they become a
trespasser. Aggravated Burglary happens when the Accused uses an offensive weapon at the time of the
burglary to cause injury or incapacitate a person. An offensive weapon would be a gun, a crowbar or knife.
A person would be guilty of burglary where they steal and have used force to scare another person. Robbery
is sometimes called Aggravated Theft.
HANDLING
STOLEN GOODS
Handling Stolen Goods involves a person who knows
or believes that the goods are stolen and they
dishonestly receive them or dishonestly undertake or assist in their retention, removal, disposal or realization
by or for the benefit of another person, or arranges any of these steps.
To be successful,
the Prosecution
needs
to prove,
beyond
reasonable
doubt, that the Defendant
was
dishonest and knew or believed that the goods were stolen. A mere suspicion is not enough.
MAKING OFF WITHOUT
PAYMENT
When a person knows that they are expected to pay for goods or services, but they dishonestly leave without
paying or intending to avoid payment, they may be guilty of the offence of making off without payment.
This is also called bilking and is an offence under Section 3
of the Theft Act 1978. For example, a guest stays in a luxury
CAN YOU REMEMBER?
hotel for some weeks and then leaves without paying. Unless
there is some prior agreement between the hotel and the
What is horseplay?
guest which excuses the guest from paying for the hotel stay,
What are the five elements in the offence of Theft?
they will be guilty of this offence.
Homework,
Lesson 2
1. Find and circle 10 words on the topic Criminal Law and Criminal
Proceedings and use them in the sentences below.
A
P
P
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H
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N
D
F
w
Y
B
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z
A
F
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v
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Y
1
w
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1
o
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A
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v
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o
C
L
C
N
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B
D
X
Q
w
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B
T
o
R
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T
(0]
T
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1
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S
1. The criminal received a sentence of twenty years in prison.
2. The police have no
3. The
of Jake’s guilt.
bowed
his head and cried with relief
when the sentence was read out.
4. During the trial, the old woman remembered that on the night of the
murder, she heard the
victim.
5. The jury found him innocent, but | think he is
threatening to kill the
6. Voltaire once stated that it is better to risk saving a guilty person than
to condemn an
one.
7. None of the
wants to testify in the murder trial
because they are afraid the suspect will kill them when he gets out of
prison.
8. Many old people are afraid of becoming
of crime,
but studies show the elderly are actually the least likely members of
society to be attacked or robbed.
9. | hope they will
the guy who has been breaking into cars
all over the neighbourhood lately.
10. Don't leave your bicycle unlocked outside or someone will
it.
2. Read the definitions and use the letters to make up the
corresponding words.
1) a crime of killing someone accidentally
A TGMURESLANH
MANSLAUGHTER__
2) a thief who steals from pockets
PECKKITCOP
3) a crime of breaking into someone's house and stealing from it
LURRBAGY
4) a person who steals from shops
IFERTLHPOS
5) a person who serves (his/her) sentence in prison
OCVNCTI
6) a crime of bringing something illegally into a country
NMGGIUGLS
7) a crime of setting fire on someone's property, for example, a house
RNAOS
8) a crime of taking someone hostage in order to exchange him or her
later for ransom
AIDNPINGKP
9) a crime of using violence to achieve political goals
STRMEORRI
Lesson 3
Punishment
Punishment has five recognized purposes: what are they?
deterrence,
incapacitation, rehabilitation, retribution, and restitution
Specific and General Deterrence
Deterrence prevents future crime by frightening the defendant or the public.
The two types of deterrence are specific and general deterrence. Specific
deterrence applies to an individual defendant. When
the government
punishes an individual defendant, he or she is theoretically less likely to
commit another crime
because
of fear of another similar or worse
punishment. General deterrence
public learns of an individual
applies to the public at large. When the
defendant’'s punishment,
the public is
theoretically less likely to commit a crime because of fear of the punishment
the defendant experienced. When the public learns, for example, that an
individual defendant was severely punished by a sentence of life in prison or
the death penalty,
prosecution.
this
knowledge
can
inspire
a
deep
fear
of
criminal
Incapacitation
Incapacitation prevents future crime by removing the defendant from society.
Examples
of
incapacitation
are
incarceration,
house
arrest,
or
execution
pursuant to the death penalty.
Rehabilitation
Rehabilitation prevents future crime by altering a defendant’s behavior.
Examples of rehabilitation include educational and vocational programs,
treatment center placement,
and counseling. The court can combine
rehabilitation with incarceration or with probation or parole. In some states,
for example, nonviolent drug offenders must participate in rehabilitation in
combination with probation, rather than submitting to incarceration (Ariz.
Rev.
Stat., 2010).
recidivism, which
This
means
lightens
the load of jails and
reoffending.
prisons while lowering
Retribution
Retribution
prevents
avengement
example)
(in
the
future
form
crime
of
by
assault,
against the defendant.
When
removing
battery,
victims
the
and
desire
criminal
for
personal
homicide,
for
or society discover that the
defendant has been adequately punished for a crime, they achieve a certain
satisfaction that our criminal
procedure
is working
effectively, which
enhances faith in law enforcement and our government.
Restitution
Restitution prevents
future
crime
by
punishing
the
defendant
financially.
Restitution is when the court orders the criminal defendant to pay the victim
for any harm and resembles a civil litigation damages award. Restitution can
be for physical injuries, loss of property or money, and rarely, emotional
distress. It can also be a fine that covers some of the costs of the criminal
prosecution and punishment.
Figure 1.4 Different Punishments and Their Purpose
[
Rehabilitation
Deterrence
and Retribution
Incapacitation
As of late 2022,
countries retain capital punishment,
countries have completely
abolished it de jure for all crimes, seven have abolished it for ordinary crimes (while maintaining it for
special circumstances such as war crimes), and ____ are abolitionist in practice. Although the majority
of nations have abolished capital punishment,
over 60%
of the world's population live in countries
where the death penalty is retained, such as
As of late 2022, 53 countries retain capital punishment,
111 countries have completely abolished it de
jure for all crimes, seven have abolished it for ordinary crimes (while maintaining it for special
circumstances such as war crimes), and 24 are abolitionist in practice. Although the majority of nations
have abolished capital punishment,
over 60% of the world's population live in countries where the
death penalty is retained, such as China, India, the United States, Singapore,
Bangladesh,
[ Avoltionist courtres:111
[ Abolitonist-in-law
Indonesia,
Pakistan,
Nigeria, Egypt, Saudi Arabia, Iran, Japan, and Taiwan.
countries for all crimes except those committed under exceptional circumstances (such as crimes committed in wartime): 7
&
[ Aboltionist-in-praciice countries (have not executed anyone during the past 10 years or more and are believed to have a policy or established practice of not caying out
oxocutions): 24
[ Retontonist counties: 53
Key terms 1: Punishments
12
Match the following sentence
halves to form
explanations of punishments
which are available to the courts. Why do you think the passive is used in
these examples?
1
When
2
execution,
When someone
someone
is sentenced to
a
they are put in prison for a crime.
b
they are given a period of time when they must behave well
and not commit any more crimes in order to avoid being
is sentenced to
¢
they have to pay an amount of money as a punishment for
is placed on a
community service order,
3 When
someone
sent to prison.
Imprisonment,
breaking a law.
4
When
someone
is put on parole,
d
they are killed as a legal punishment for a crime.
5
When
someone
is put on probation,
e
they are released before their prison sentence is finished,
6 When someone is fined,
with the agreement that they will behave well.
f
the court requires an offender to perform unpaid work in
their spare time and to contribute to their community.
Self-Defense
As stated previously, self-defense is a defense based on justification. Self-defense can be a
defense to assault, battery, and criminal homicide because it always involves the use of force. In
the majority of states, self-defense is a statutory defense (Mich. Comp. Laws, 2010). However, it
can be modified or expanded by courts on a case- by-case basis.
Most states have special requirements when the defendant uses deadly force in self-defense.
Deadly force is defined as any force that could potentially kill. An individual does not have to
actually die for the force to be considered deadly. Examples of deadly force are the use of a knife,
gun, vehicle, or even bare hands when there is a disparity in size between two individuals.
Self-defense can operate as a perfect or imperfect defense, depending on the circumstances.
Defendants who commit criminal homicide justified by self-defense can be acquitted, or have a
murder charge reduced from first to second or third degree, or have a charge reduced from murder
to manslaughter.
To successfully claim self-defense, the defendant must prove four elements.
First, with exceptions,
the defendant must prove that he or she was confronted with an unprovoked attack. Second, the
defendant must prove that the threat of injury or death was imminent. Third, the defendant must
prove that the degree of force used in self-defense was objectively reasonable under the
circumstances. Fourth, the defendant must prove that he or she had an objectively reasonable
fear that he or she was going to be injured or killed unless he or she used self-defense. The Model
Penal Code defines self-defense in § 3.04(1) as “justifiable when the actor believes that such force
is immediately necessary for the purpose of protecting himself against the use of unlawful force by
such other person on the present occasion.”
Provocation
In general, if the defendant initiates an attack against another, the defendant cannot claim self-defense
(State v. Williams, 2010). This rule has two exceptions. The defendant can be the initial aggressor and
still raise a self- defense claim if the attacked individual responds with excessive force under the
circumstances,
or if the defendant
withdraws from the attack and the attacked
individual persists.
Excessive Force Exception
In some jurisdictions, an individual cannot respond to the defendant’s attack using excessive force
under the circumstances (State v. Belgard, 2010). For example, an individual cannot use deadly force
when the defendant initiates an attack using nondeadly force. If an individual does resort to
deadly force with a nondeadly force attack, the defendant can use reasonable force in
self-defense.
Example of the Excessive
Force Exception
Patty and Paige get into an argument over a loan Patty made to Paige.
Paige calls Patty a spoiled brat
who always gets her way. Patty slaps Paige across the face. Paige grabs a carving knife from the
kitchen counter and tries to stab Patty. Patty wrestles the knife away and stabs Paige in the chest,
killing her. In this example,
Patty provoked the attack by slapping Paige across the face. However, the
slap is nondeadly force. In many jurisdictions, Paige cannot respond to nondeadly force with
deadly force, like a knife. Paige used excessive force in her response to Patty’s slap, so Patty can
use deadly force to defend herself and may not be responsible for criminal homicide under these
circumstances.
Withdrawal
Exception
In some jurisdictions, the defendant can be the initial aggressor and still use force in self-defense if the
defendant withdraws from the attack, and communicates this withdrawal to the attacked individual (N.Y.
Penal Law, 2010). If the attacked individual persists in using force against the defendant after the
defendant’s withdrawal, rather than notifying law enforcement or retreating, the defendant is justified in
using force under the circumstances.
Example of Withdrawal
Change the excessive force exception example in Section 5 “Example of the Excessive Force
Exception”. Imagine that after Patty slaps Paige across the face, Paige begins pounding Patty with
her fists. Patty manages to escape and runs into the garage. She huddles against the garage wall.
Paige chases Patty into the garage. Patty says, “Please, please don't hurt me. I'm sorry | slapped
you.” Paige kicks Patty in the back. Patty turns around and karate chops Paige in the neck,
rendering her unconscious.
self-defense
responsible
responsible
unprovoked
In many jurisdictions, Patty’s karate chop is lawful under a theory of
because she completely
for battery, based on the
for battery based on the
and not defensive under
withdrew from the attack. Thus Patty is probably not criminally
karate chop to the neck. However, Patty could be criminally
slap to Paige’s face because this physical contact was
the circumstances.
Imminence
The defendant cannot use any degree of force in self-defense unless the defendant is faced with an
imminent attack (State v. Taylor, 2010). Imminent means the attack is immediate and not
something that will occur in the future. If the defendant is threatened with a future attack, the
appropriate response is to inform law enforcement, so that they can incapacitate the threatening
individual by arrest or prosecution. Another situation where imminence is lacking is when the
attack occurred in the past. When the defendant uses force to remedy a previous attack, this is
retaliatory, and a self-defense claim is not appropriate. The legal response is to inform law
enforcement so that they can incapacitate the attacker by arrest or prosecution.
Some state courts have expanded the imminence requirement to include situations where a husband in
a domestic violence situation uses force or violence regularly against the defendant, a battered wife,
therefore creating a threat of imminent harm every day (Bechtel v. State, 2010). If a jurisdiction
recognizes the battered wife defense, the defendant—the battered wife—can legally use force
against her abusive husband in self-defense in situations where harm is not necessarily
immediate.
Example of an Attack That Is Not Imminent
Vinny tells Fiona that if she does not pay him the $1,000 she owes him, he will put out a contract
on her life. Fiona pulls out a loaded gun and shoots Vinny. Fiona cannot successfully argue
self-defense in this case. Vinny’s threat was a threat of future harm, not imminent harm. Thus
Fiona had plenty of time to contact law enforcement to help protect her safety.
Example of an Imminent Attack under the Battered Wife
Defense
Spike severely beats and injures his wife Veronica every couple of days. Spike’s beatings have
become more violent, and Veronica starts to fear for her life. One night, Veronica shoots and kills
Spike while he is sleeping. In states that have expanded self-defense to include the battered wife
defense, Veronica may be successful on a theory of self-defense.
13
Discuss the punishments
listed in Exercise 12 with a partner. Which
are the
most effective? Which are the least effective? Give reasons for your answers.
Listening 1: White-collar crime in the 21st century
You are going to hear a law professor being interviewed on a university radio station
programme. Professor John Poulos is a faculty member at the University of California
Davis School of Law, After practising law in California, he introduced the law school’s first
course on white-collar crime.
14 4= 4.1 Listen to the interview. Does Professor Poulos think that white-collar crime
is less serious than, as serious as or more serious than violent street crime?
15 ® 4.1 Listen again and decide whether these statements are true (T) or false
(F), according to the professor.
1
New technology has led to a decrease
in white-collar crime.
2 Street crime is generally punished more harshly than white-collar crime.
3 Increasingly, white-collar crime is committed by employees high up in the
corporate hierarchy.
4 The number of people who are victims of white-collar crime is significant.
5 White-collar crime has had little effect on the US economy.
Speaking 1: White-collar crime
18 Discuss these questions with a partner. As much as possible, make use of the
expressions in Exercise 16.
1 How serious do you think white-collar crime is? What do you think are the
most important effects of white-collar crime on society?
2 Should people who commit business crimes be punished in the same way
as people who commit other crimes?
3 Have there been any well-publicised cases of corporate crime in your
jurisdiction?
Reading 2: White-collar crime: insider dealing
and market abuse
One type of white-collar crime is insider dealing
to the act of trading in securities by people who
company's finances or operations. The article on
be tried under the Financial Services and Markets
(also known as insider trading]. It refers
have confidential information about a
the next page deals with the first case to
Act, a UK Act of Parliament which created a
new regulatory body for the financial services industry.
19 Read through the article below quickly and answer these questions.
1
2
3
4
What is the profession of the appellant?
Which crime was he found guilty of?
What did he know about the company in question?
How much profit did the appellant make on the sale of the shares?
FSA fines auditor for market abuse
The Financial Services and Markets Tribunal
has upheld a Financial Services Authority (FSA)
case against Mr Arif Mohammed, o former
Pricewaterhouse Coopers [PwC) oudit manager, who
was fined £10,000 for committing markef abuse.
This is the first time the market abuse provisions in the
Financial Services and Markets Act 2000 (FSMA)
hove been the subject of o Tribunal decision.
Mr Mchammed bought shares in Delta plc,
the responsibility for elements of Delta’s audit in
September 2002, he remained on the audit team
assigned to Delta throughout the period leading
up fo the disposal announcement. In particular, Mr
Mchammed remained responsible for planning
stoff to work on Delta and had reason to know
about the sale’s progress because of its impact on
resource planning.
At the end of November 2002, Mr Mohammed
a london Stock Exchange listed elecirical and
was oware that the sale process was engoing
engineering services company, based on his
and was getting close o agreement. Based on
knowledge that the company intended to sell its
this information, he purchased 15,000 shares in
Delia on 29 November 2002 of 80p each. Delta
electrical division. Mr Mohammed became aware
of this confidential information because Delia’s
electrical division was an cudit client of PwC, and Mr
Mohammed worked on the company's audil.
In July 2002, Mr Mohammed first became oware
of the proposed sale of Delia’s electrical division
He was told that this information was confidential
announced the disposal on 9 December 2002,
and Mr Mohammed sold his shares the following
doy of 105p each, moking a profit of £3,750.
The Tribunal held that the information
Mr Mohammed had about the proposed deal was
and not to be discussed with company officials.
sufficient and precise enough to be considered as
relevant information according fo the market abuse:
Although Mr Mohammed began handing over
provisions.
20 Read the article again, and decide whether these statements are true (T) or
false (F). If a statement is false, correct it.
1
2
3
4
The
Mr
The
He
case was heard before the European Court of Justice.
Mohammed was sentenced to imprisonment for his crime.
defendant was not at all responsible for the audit of the company.
knew about the progress of the planned sale.
21 Find words in the text that mean the same as these underlined words.
1 secret information
2 to buy shares
3 suggested deal
4 the Tribunal decided
5 market abuse laws
22 What do you think can be done to prevent cases of market abuse (like the one
described above) from occurring?
Lesson 4
Who’s who in the criminal justice system
the police
the judge
the jury
the prosecution
the defence
witness
sentence
appeal
Criminal Utigation
Introduction
Criminal Litigation covers the period from the initial investigation carried out by the Police all the way
through to the Conviction and any Appeals the Accused may file against their conviction. There are various
persons and bodies who play important roles in the criminal justice system. Depending on how criminal
offences are defined, different Courts may deal with the matter. Finally, Human Rights bodies under the
Human Rights Act also operate to ensure that the Accused is given a fair trial and opportunity to defend
themselves.
1. Key Personnel
THE POLICE
The Police Force is responsible for investigating criminal offences and apprehending persons who are
alleged to have committed those offences. Alleged means that they are accused of the offence, but they have
not been convicted by the Court for the offence. A party is always presumed innocent until proven guilty.
The Police have a number of powers to stop and search suspected offenders, powers to search premises and
power to arrest suspects. If the Police arrest a suspect, they have additional powers when they question and
verify the identity of the suspect while they detain the suspect at the Police Station. Apart from the police, the
National Crime Agency was set up in 2013, to prevent and investigate serious, organized and complex crimes
such as human trafficking, sexual abuse, exploitation of children, importation/exportation of drugs
and firearms and cybercrime.
THE CROWN PROSECUTION SERVICE
The Prosecution is responsible for prosecuting companies or individuals charged with offences. In many
indictable offences, it is the Prosecution who decides whether charges should be laid. They will then prosecute
the offenders and must prove the Defendant’s guilt beyond reasonable doubt. Where the Defendant wishes to
rely on a Defence, the Prosecution also has the burden of disproving the Defence beyond reasonable doubt.
Prosecutors must also decide whether the prosecution is in the public interest and merits bringing the accused
to trial. They will only do so where they have a realistic prospect of conviction. This means that sometimes,
the Prosecution decides not to bring an accused to Trial even though, prima facie, a crime has been committed.
THE DEFENCE LAWYERS
Most Defendants are represented by Defence Lawyers. The lawyers will give the Accused advice and assistance
commencing from the time the person is arrested and detained at the police station, during the trial and
appeal if necessary. If the case is in the Crown Court as an indictable offence or on appeal from a sentence
or conviction from the Magistrate’s Court, a solicitor may also brief a Barrister or Solicitor Advocate. To brief
means to ask someone to assist and appear as an advocate to argue the case before the Court.
2. The Courts
MAGISTRATES’ COURT
When a suspect has been charged, and if that charge is a summary offence (can be punished by a fine) or an
either-way offence (can be punished by a fine, imprisonment or both depending on how serious it is), their
first appearance will be in the Magistrates’ Court. If the accused is under the age of 17, they will normally be
sent to the Youth Court. Magistrates are responsible for dealing with bail applications, sending indictable and
some either-way offences to the Crown Court, issuing search and arrest warrants as well as warrants for further
detention. Finally, Magistrates also hear and try summary offences and some less serious either-way offences,
where the maximum custodial sentence does not exceed six-months. In some Magistrates’ Courts, a District
Judge will also hear cases sitting on their own. The District Judge is normally a qualified solicitor or barrister.
DID YOU KNOW?
THE CROWN COURT
The Magistrate’s
Courts in the UK deal with almost
90%
of criminal cases and most magistrates are
The Crown
not legally qualified. They are local community
serious
.
-
Court deals with the indictable and more
either-way
offences.
The
Crown
Court
also
members who volunteer their time. In criminal | determines questions of bail and hears appeals from
cases, three Magistrates normally hear the case
and they are assisted by legal advisers who give
advice on practice and procedure and questions
of law. These legal advisers are also called the
Clerk to the Justices.
||
|
|
|
the Magistrates’ Court either against conviction and/or
sentences.The Crown Court mayalso hearappeals from the
Magistrates’ Court where the Magistrates have refused bail.
When there is a trial in the Crown Court, the case is heard
by a Judge and a Jury. In some exceptional cases, where
the Defendant is accused of murder, manslaughter, and
rape, or where the cases happen to be a high-profile case, the cases will be heard in the High Court. When
the case involves an Appeal from a lower Court, then the Judge will sit alone without the Jury. Normally,
Barristers or Solicitor Advocates are briefed to appear in the Crown Court.
THE JURY
Whilstin the Magistrates’ Court the magistrates must decide both questions of law and fact, in the Crown Court
these functions are divided. The Crown Judge decides questions of law whilst the Jury decides matters of
fact. A Jury is normally composed of twelve members of the public who are empanelled. Empanelled means
to be chosen to sit on the Jury. The Jury will ultimately decide the guilt or innocence of an Accused based on
the evidence which has been presented to the Court and admitted into evidence. Once the Jury decides, they
will deliver a Verdict. A Judge will then be responsible for Sentencing the Defendant. If the Jury comes back
with a not guilty verdict, the defendant will be free to go.
THE ACCUSED
An Accused may either plead guiltyto the charges or not guilty. If they
plead guilty, they will be sent to the Magistrates or a Crown Judge for
sentencing. If they plead not guilty, then the next item to be decided is
WHAT
IF...
... an Accused confesses to a crime but
whether the Defendant will be granted bail or not. Once these matters
then wants to plead not guilty at the
are dealt with, the case will go through the Case Management Stages
(just like Civil Cases), to ensure that they are prepared for Trial.
trial. Are they allowed to do this?
Bail Applications
After a person is arrested, they may be held in custody until their trial or they may be released on Bail
(with or without conditions) until the end of their Trial where they will be found either innocent or guilty. If
the person is charged with murder, attempted murder, manslaughter, rape, attempted rape, or other serious
sexual offences bail will be granted only in exceptional circumstances as there is a presumption against bail
in such cases. In all other cases, an Accused has the benefit of a presumption that bail will be granted under
section 4 of the Bail Act 1976. When deciding whether or not to grant bail, the Court will take into account
whether there is a risk that the defendant will fail to surrender to custody, commit further offences
whilst on bail and/or interfere with witnesses, destroy evidence or otherwise obstruct the course of
justice. The Court also considers whether the Defendant is a flight risk, looks at their character, whether
they have prior convictions, ties to the community and family situations. The Court then does a balancing
act between the interests of the Accused (to be presumed innocent until proven guilty) and the Community
at large (to live safely and in harmony).
3. Human Rights Act
The Human Rights Act came into force on 2 October 2000 in the
UK. In particular, Article 5 (the Right to Liberty and Security) and
CAN YOU REMEMBER?
What are the main Courts dealing
Article 6 (Right to a Fair Trial) extend to protect the rights of the
with criminal matters in the UK?
Accused and the Courts will need to consider the human rights of
the Accused as well as those under UK Law.
What does “empanelling” mean?
Criminal justice
'The state prosecutes those charged with a crime. The police investigate a
crime and may apprehend suspects and detain them in custody. If the
police decide an offender should be prosecuted, a file on the case is sent to
the Crown Prosecution Service (CPS) - the national prosecution service for
England and Wales. The CPS must consider whether there is enough
evidence for a realistic prospect of conviction, and if so,
whether the
public interest requires a prosecution. They can decide to either go ahead
with the prosecution, send the case back to the police for a caution, or take
no further action. Criminal proceedings can be initiated either by the
serving of a summons setting out the offence and requiring the accused to
attend court, or, in more serious cases, by a warrant of arrest issued by a
Magistrates' Court. Lawyers from the CPS as public prosecutors. The
Criminal Defence Service provides legal aid, which funds the may act
services of an independent duty solicitor who represents the accused in the
police station and in court. However, at the end of a Crown Court case the
judge has the powerto order the defendant to pay some or all of the defence
costs.’
Note: If Green is prosecuted for a crime, the ensuing trial will be called the
case of R v Green. R is the abbreviation for the Crown (Regina for a Queen
or Rex for a King): v (Latin for versus) is said 'against' in a criminal case.
Categories of criminal offence.
‘There are three categories of criminal offence. Summary offences, tried
without a jury, are minor crimes only triable in the Magistrates' Court.
Indictable offences are serious crimes, such as murder, which can only be
heard in the Crown Court. The formal document containing the alleged
offences, supported by facts, is called the indictment. A case which can be
heard in either the Magistrates' Court or the Crown
Court, such as theft or
burglary, is triable either way. If the defendant pleads guilty, the
Magistrates' Court can either proceed to sentence or commit to the Crown
Court for sentence, where more severe penalties are available. If there is a
not guilty plea, the court can decide the mode of trial. The person charged
may request a trial by jury. If granted, such trials take place in the Crown
Court.'
Note: indictable offences are also known as notifiable offences in the UK.
Criminal court proceedings
The English system of justice is adversarial, which means that each side
collects and presents their own evidence and attacks their opponent's by
cross-examination.
In a criminal trial, the burden of proof is on the
prosecution to prove beyond reasonable doubt that the accused is guilty. A
person accused or under arrest for an offence may be granted bail and
temporarily released. However, bail may be refused, for example if there are
grounds for believing that the accused would fail to appear for trial or
commit an offence. In the Crown Court, there may be a preparatory hearing
for a complex case before the jury is sworn in. Prior to the trial, there is a
statutory requirement for disclosure by the prosecution and defence of
material relevant to the case, for example details of any alibis - people who
can provide proof of the accused's whereabouts at the time of the crime or
witnesses - people who may have seen something relevant to the crime.
Once a trial has begun, the defendant may be advised by counsel to change
his or her plea to guilty, in expectation of a reduced sentence. If, at the end
of the trial, the court's verdict is not guilty, then the defendant is acquitted.
Complete the definitions.
Look at A and B opposite to help you.
T
i
s
- a court document authorising the police to
detain someone
2an
a written statement with details of the crimes someone is charged
with
3a.
- a formal order to attend court
2. Make word combinations from A, B and C opposite using words from the box.
Then use appropriate word combinations to complete the sentences below.
realistic
guilty
defence
indictable
plea
prospect
costs
severe
doubt
reduced
offences
criminal
sentence
penalties
reasonable
proceedings
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 ...............
..o
such as manslaughter.
4 In sentencing serious crimes, courts can iIMPOSe.............. ..c.ceeeeeennn.
5 At the end of a trial, a defendant may be ordered to pay a contribution towards
3 Replace the underlined words and phrases with alternative words and phrases
from A, B and C opposite. Pay attention to the grammatical context. There is more
than one possibility for one of the answers.
a Bail may be refused and the defendant may be (1) held in police custody.
b Alternatively, the defendant may be (2) found not guilty by the court and discharged.
¢ Once proceedings have been initiated, the defendant (3) comes before the court.
d The police formally (4) accuse the suspect in the police station.
e If the offender pleads guilty in the Magistrates' Court, the court imposes a (5)
punishment.
f The police investigate a serious offence and (6) arrest a suspect.
g The suspect may ask for (7) release from custody before the trial.
4 Put the sentences in ex.3 into the correct order chronologically. Look at A, B and C
opposite to help you. The first stage is f.
N
CASE)STUDY: A FAMOUS MISCARRIAGE OF JUSTICE
A Landmark case in Criminal Law
One of the biggest mysteries in Australian criminal law revolves
around the disappearance of baby Azaria from a camping site at
the base of the sacred Aboriginal rock, Uluru. The trial of her
parents Lindy and Michael Chamberlain was one of the most
publicized murder trials in Australian history. Decades of legal
battles, dismissed appeals, numerous coronial inquests led to the
acquittal of both parents, with the legal ordeal being branded “a
prime example of Australian miscarriage of justice”.
Facts
The Chamberlain family was camping at the base of Uluru (formerly called Ayers Rock) on the night of 17 August
1980, when Alice Lynne ‘Lindy’ Chamberlain was heard exclaiming ‘Michael, Michael, a dingo’s got my baby!”. Mrs
Chamberlain claimed that she saw a dingo (wild native dog found in Australia) leave the tent carrying her nine-week-old
daughter in its mouth. A search party including Aboriginal trackers failed to find the baby’s body although baby Azaria’s
jumpsuit was found about 4km away from the campsite a week later. There were bloodstains around the neck. There was
a media frenzy over the case, which also included much speculation about the religious beliefs of the Chamberlains,
who were Seventh Day Adventist Church members.
Trials and Inquests
A First Coronial Inquest was held in Alice
Springs, Northern Territory in December 1980 and
the results supported the Chamberlain’s allegations
with the Coroner reaching the conclusion that a
Answer the following questions related to
the text you have just read.
1
Where and when did the facts of the case occur?
2
Who disappeared, and how?
4
What were the results of the First and Second Coronial
dingo took baby Azaria. A Coronial inquest is not a
criminal trial and therefore, the burden of proof is
the civil standard of the balance of probabilities.
An appeal was filed, and the Supreme
Court of
the Northern Territory quashed (cancelled) the
findings and ordered a second
disappearance of baby Azaria.
At the Second
Inquest
inquest into the
the Coroner
came
to a very different conclusion. The Coroner
held that even though the evidence was mostly
circumstantial (there were no witnesses, no body,
and no identification evidence directly linking the
Chamberlains to the murder of their daughter), a jury
Inquests?
could come to the conclusion that the Chamberlains
had simulated the death by dingo. The allegation
was that they buried the body of Azaria, removed
the clothing, cut it, rubbed it in vegetation, and then
5
What type of evidence was presented.
deposited the clothing for it to be discovered later.
At this stage, it was also alleged that the police had
found blood in the family car. The Inquest led to an
6
What
were
Lindy and Michael Chamberlain
indictment being presented against Lindy who was
charged with the murder of her baby daughter and her
husband, Michael Chamberlain, was charged with
being an accessory after the fact. The Chamberlains
were to stand trial for murdering their daughter.
charged
with, and what were their sentences?
Charged with:
Michael Chamberlain
Lindy Chamberlain
Sentence:
Both Lindy Chamberlain and Michael Chamberlain were found guilty on 29 October 1982. Lindy received a
sentence of life imprisonment without parole and Michael Chamberlain received a suspended sentence of three
years. Subsequent Appeals filed by Lindy Chamberlain in the Federal Court of Australia and the High Court were
dismissed.
New Evidence came to light years later where it was revealed that the alleged blood stains in the car were a
compound from industrial overspray and not human blood. On 2 February 1986, Azaria’s matinee jacket was found
next to a dingo lair in an isolated location near Uluru.
With the discovery of this new evidence, the convictions were no longer considered ‘safe’, and on 7 February
1986, Lindy Chamberlain was released from prison on remission.
The Morling Royal Commission was set up to inquire into and report on the correctness of the Chamberlain
convictions with Commissioner Morling finding that the convictions of the Chamberlain’s could not have been
proven beyond reasonable doubt. The Supreme Court of the Northern Territory agreed and said that the evidence
relied upon by the jury was unreliable.
In September 1988, both Lindy and Michael Chamberlain received an official pardon, and their convictions
were quashed (cancelled the official verdict) by the Supreme Court of the Northern Territory.
The battle for the Chamberlains was not over yet, with a third Paper Inquest taking place. It is called a paper
inquest because the Coroner reviewed the case by going through the documentation and not hearing new expert
evidence.
In 1995 the Coroner returned an open verdict. An open verdict means that the finding is inconclusive.
On 12 June 2012, 32 years after the child went
missing, Coroner Elizabeth Morris made a
final ruling that a dingo did take Azaria from the
campsite and caused her death and ordered that the
Death Certificate be amended to reflect that baby
Azaria died ‘as a result of being attacked and taken
by a dingo’. Consequently, Lindy Chamberlain
was wrongfully convicted and has been exonerated
of the murder of her daughter Azaria.
case
illustrates
what
happens
Listen to part
R
of the Coroner’s report and complete
text with the missing words.
After examining 1..
the
the evidence, | am
unable to be satisfied on the balance of probabilities
that Azaria Chamberlain died at the 2
of Alice Lynne Chamberlain. It automatically
that | am also unable to be satisfied
Why does this case matter?
This
Y
when
the
on the balance of probabilities that Michael Leigh
Prosecution only has circumstantial evidence and
inconclusive forensic evidence to convict someone
Chamberlain had 4.
. involvement
in the death. () | am unable to be reasonably satisfied
of a crime. Much of the investigation was tainted
by witnesses contaminating the evidence found.
that Azaria Chamberlain 5.............ccccoooviee accidently
For example, Police Constable Frank Morris, who
was the first police officer to examine the clothes
after a camper found them, stated during his evidence, that he had picked up the clothes to check the inside for
human remains; then returned the clothes to the ground and photographed it. In doing so, he placed a singlet
which had been found next to the jumpsuit, inside the jumpsuit, which meant that the original crime scene had
been altered.
Compensation for Wrongful Conviction
In 1992, the Australian Government paid Lindy
Chamberlain $1.3 million in compensation. Lindy
Chamberlain had served three years in prison after
being convicted of the murder of Azaria and for all
intents and purposes, was innocent.
OVER TO YOU!
What do you think of the final outcome of this case?
Did the Coroner come to a fair and just conclusion?
Homework,
Lesson 4
1. Read the text and complete it with the missing words
from the box.
(compensun‘on « conclusion e fine » sentences « severe)
There are a number of different types of 1....
ancillary orders that can be imposed at the 2...
of a criminal trial. The Courts may impose a custodial
sentence, a community sentence, a3........c.ccccceeeeueae ,
or a discharge. A custodial sentence is the most
[
s
and a discharge being the lightest
type of sentence. Ancillary orders include an order
for 5.
, to pay the prosecutions costs
and pay a victim surcharge.
2. Match the two parts of the sentences (1-6) and (A-F)
to make true sentences.
1
2
Criminal litigation encompasses the period from the
preliminary
The Police Force is responsible for investigating crimes
3
Since 2013, the National Crime Agency has been an
alternative force
4
The Crown Prosecution Service represents the State in
cases
5
6
A
A Prosecutor
must
disprove
the
defence
beyond
a
reasonable doubt,
Defence lawyers represent the defendants giving advice
and
to the Police and they deal with serious, organized and
complex crimes.
B
and will only bring a case to trial if there is a realist
C
prospect of conviction.
and apprehending those alleged to have committed them.
D
assistance on their arrest and appearing before the Court
to argue their case.
E
F
against companies and individuals charged with offences.
investigations of a crime by the police to final conviction
or acquittal.
1]
2]
3]
«[] s[]
s
4.
Complete the crossword.
1
2
3
&
10
ACROSS
4
5
Responsible for investigating crimes and apprehending
criminals.
Lawyer who appears in Court to defend or prosecute a
Defendant.
8 Where Defendants under the age of 17 appear. (5, 5)
9 Acrime of sexual assault.
10 The outcome of a criminal case — guilty or not guilty.
DOWN
1
2
Community member who judges cases in the Magistrates’
Court.
Return to a higher Court to attempt to overturn a verdict.
3
The top level Court for Criminal Cases. (4, 5)
5
6
Money paid to the Court as security that the Defendant
will return for trial.
Defendants are always assumed to be this until proven
7
guilty.
Defendantin a criminal case.