Although the four Inns are equal in rank and status, they nevertheless retain their own traditions and customs. The oldest is the Inner Temple, which has produced the largest number of judges.
To become a barrister, a candidate must join one of them and study for 12 terms. The Inns require students to satisfy certain formal requirements – to attend 6 evenings during the term for the purpose of dining in the Hall. The Inns jointly conduct the bar examinations. They separately “call to the Bar”, or admit to practice, individuals who have passed the examinations. Although the Inns provide a semblance of legal education in the form of lectures, many applicants now receive their legal education at universities.
After admission to the bar and a short period of apprenticeship, a barrister must practise on his own. There are no firms of barristers, each individual is economically independent. While barristers may have common chambers, in order to share the expenses of a library or a clerk, they do not share the work brought to them. This means that aspiring young barrister must not only be able to finance his legal education and a period of apprenticeship, but also must be able to support himself during those first few years of practice when little business comes his way.
TASK 1. Answerthefollowingquestions.
1.What are the two patterns to become a barrister?
2. What sort of institutions are the Inns of Court?
3. What traditional requirements should a prospective barrister satisfy in order to be called to the Bar?
4. How would you characterize the professional education which the Inns of Court provide?
5. Can barristers practice on their own immediately after admission to the Bar?
Образование и профессиональная подготовка
Молодые люди, желающие стать барристерами, должны быть приняты в члены одного из Иннз оф Корт, и, с орпеделенными исключениями, они должны иметь степень первого или второго класса от университета или его эквивалента.
Они должны выдержать экзамен в коллегии, который проводится Советом юридического образования. Они также участвуют в жизни своего Инна, и они должны присутствовать на определенном числе ужинов, которые организуются в холле Инна.
Все студенты, которые желают стать членами коллегии, должны также участвовать в ряде практических курсов, организованных Советом юридического образования. Успешно выдержавший экзамены студент принимается в коллегию соответствующего Инна и становится барристером. Перед началом самостоятельной практики, однако, молодой барристер должен провести первые шесть месяцев в качестве ученика в конторе квалифицированного старшего барристера, и в течение этого периода ученик не имеет право выполнять какую-либо профессиональную работу за деньги.
TASK 2. Try to cover the following points in your oral presentation. Use the texts above.
1. the patterns to become a barrister
2. the Inns of Court
3. the evolution of legal education
4. the distinguished students of the Bar
TASK 3. Fill in the blanks with words and expressions below.
The senior branch of the legal profession in England, Wales and Northern Ireland is a……….
There are over 9,000 ………., who have the right to fight a………. (Crown ………. and theHigh……….) in England and Wales. ………. . Barristers belong to………. Which is an ancient legal institution and which is controlled by ………. . There are also the four legal societies or ………. In London. The four ………., law colleges, date from the middle ages and have maintained their autonomy and privileges, and been more resistant to attempts at reform than any other British………. .
Barristers have two main functions: first, to give specialized ……….on legal matters and, secondly, to act as ……….in the higher courts. Most sections of the general public cannot approach a barrister directly, but must be introduced by a………. .
advocates; institution; advice; Inns of Court; barristers; solicitor; courts; the Bar Council; the Bar; case
Courts and crimes
All criminal cases start in the magistrates’ courts. The minor cases stay there, with the magistrates deciding on guilt or innocence and then sentencing the criminal. Serious cases are referred by the magistrates to the Crown court – this is called “committal”. In committals, all the magistrates do is hear the outline evidence and decide whether there is a case to answer. Crown court judges have power to sentence more heavily than magistrates.
On committal the accused is either released (“bailed”) by magistrates, or – if the police think there is a danger he might disappear or threaten prosecution witnesses – held in prison until the trial.
Whether the case is committal to the Crown court depends on the seriousness of the crime. The most minor crimes, such as most motoring offences, are known as summary offences, and they are always dealt with by magistrates. The most serious crimes as murder and armed robbery are called indictable offences, and are always committed to the Crown court.
There are many crimes known as “either way” offences, which, as the name implies, may be tried by magistrates or in the Crown court. Sometimes the decision is up to the accused himself, but he should listen carefully to the advice of his lawyer: he may decide that he stand a better chance of being acquitted by a sympathetic jury than by a panel of stern magistrates, but he runs the risk of a higher sentence from a Crown court judge if the jury do find him guilty.
Sentencing
The most common sentences are fines, prison and probation. Probation is used often with more minor offences. A person on probation must report to a local police station at regular intervals, which restricts his or her movement.
Magistrates and judges may also pass suspended sentences, in which case the person will not serve the sentence unless he or she commits another crime, when it will be implemented without more ado. A sentence of community service means that the convicted person has to spend several hours a week doing useful work in his locality.
Appealing
People who have been convicted can appeal if their lawyer can either show that the trial was wrongly conducted or produce new evidence. Appeal can also be made against the severity of a sentence. Appeals from a magistrates’ court is to the Crown court and then up through the courts system to the Judicial Chamber of the House of Lords, the highest court in the land. From there, appeal is to the European Court of Justice.
A few more facts
- Children under 10 cannot be charged with a criminal offence.
- Offenders between 10 and 17 are tried by special juvenile courts.
- The death penalty technically still exists in Britain for some obscure offences, such as treason, but is no longer used.
- The punishment for murder is a life sentence. This can be much less than a lifetime in prison, depending on factors such as good behaviour.
- The most common punishment for crimes – 80 per cent of the total is a fine.
TASK 1. Now, are these statements true or false?
1. Juries sit in magistrates’ courts.
2. The state helps poorer suspects to pay for their defence.
3. All accused people have to appear before magistrates.
4. Magistrates try a person accused of murder.
5. Crown court judges can hand out stiffer sentences than magistrates.
TASK 2. Finish the sentences. Look through the texts above.
1. Sentences may be different: ………..
2. Appeals can be made if ……….
3. All criminal cases start in ……….
4. Whether the case is committal to the Crown court depends on ……….
5. ‘Either way’ offences are ……….
6. Committal is ……….
TASK 3. What words are given definitions to? Choose them from the list below.
- an illegal act or omission punishable under criminal law.
- specific number of people (usually six or twelve), selected as prescribed by law to render a decision (verdict) in a trial.
- person who testifies under oath before a court or in a deposition regarding what was seen, heard or otherwise observed.
- a qualified lawyer who advises clients, represents them in the lower courts, and prepares cases for barristers to try in higher courts.
- to charge with an offence, crime; to blame.
- a sum payable as punishment for an offence.
solicitor; fine; to accuse; witness; jury; offence
CRIMINAL AND CIVIL LAW
The aim of the domestic legal system is both to control unlawful activities against citizens and the state, and to serve citizens in a variety of ways. Hence there are two main branches of law in the United Kingdom – criminal law and civil law.
Criminal law is concerned with acts punishable by the state, in other words, the primary object of criminal law is to protect society by punishing those who are considered to have broken the law and done something wrong to society in general. The trial and the punishment are supposed to act as deterrents to potential offenders, as well as to state society’s attitudes on a wide range of matters.
Civil law covers disputes (about the rights, duties and obligations) between two or more parties – individuals, companies or other organizations. The purpose of English civil law is not to punish, but to establish harmony or obtain compensation or some other remedy. One party (plaintiff) will initiate a civil action against another individual or organization (defendant).
The disputes may be settled during the course of negotiations or litigation or eventually by a judge or registrar after a full trial of the facts.
The distinction between civil and criminal matters is not precise. Courts may be classified as criminal courts and civil courts, but in England and Wales and Northern Ireland magistrates’ courts have both a civil and criminal jurisdiction. However the court of trial and the rules of procedure and evidence will usually differ in civil and criminal cases.
Criminal and Civil Courts
The court system reflects the existing aspects of the law and comprises, accordingly, two types of courts: criminal courts and civil courts.
Criminal courts
The criminal court structure in England and Wales was created by the Courts Act of 1971 and comprises two levels of criminal courts.
The lower court (or court of first instance) is the magistrates’ court, which deals with summary – the less serious – offences: the vast majority of criminal cases, and conducts preliminary investigation into the more serious offences. These more serious – indictable – offences are mostly tried by the higher court – the Crown court.
Magistrates’ Courts
Magistrates’ courts are local courts; counties are divided into divisions serving rural and urban areas, each having its own court. Magistrates’ courts are sometimes called ‘courts of summary jurisdiction’ or ‘petty sessions’, or police courts’.
There are about 700 magistrates’ courts in England and Wales, which are open to the public and the media. They usually consist of three to seven lay magistrates – known as Justices of thePeace (JPs).
The JPs are ordinary but worthy citizens who have been appointed to their positions by the Lord Chancellor on the advice of local appointing committees. JPs have no formal qualifications; they are chosen merely for their good reputation, often with the support of political parties or approved voluntary bodies. JPs hear cases without a jury, receive no salary for their services (only expenses). On appointment they are obliged to attend court as observers before actually taking their seats on the bench, and they are expected to attend courses of instruction about their work. There are some 30,000 JPs (1999) throughout England and Wales, each of them works in the court about 30-50 days a year.
In Central London and some other big cities there are also stipendiary magistrates. These are trained lawyers who work full time and are paid salaries. They are mainly used in large cities to reduce the heavy workloads of the magistrates’ courts.
Every person charged with an offence is summoned to appear before a local magistrates’ court, which may impose a fine up to a general limit of 2,000 pounds or twelve months’ imprisonment, though for some specified offences the laws prescribe maximum penalties below these limits. With 98% of cases the magistrates on the bench decide on guilt or innocence, and if necessary what penalty to impose. With more serious cases the magistrates can decide only to send them for trial in a crown court.
Crown Courts
Criminal offences may be grouped into three categories. Offences triable only on indictment – the very serious offences such as murder, manslaughter, rape and robbery – are tried only by the Crown Court presided over by a judge sitting with a jury. Summary offences – the least serious offences and the vast majority of criminal cases – are tried by unpaid lay magistrates sitting without a jury. A third category of offences (such as theft, burglary, or malicious woundings) are known as ‘either way’ offences and can be tried either by magistrates or by the Crown Court depending on the circumstances of each case and the wishes of the defendant.
In addition to dealing with summary offences and the ‘either way’ offences which are intrusted to them, the magistrates’ courts commit cases to the Crown Court either for trial or for sentence. Committals for trial are either of indictable offences or of ‘either way’ offences, which it has been determined, will be tried in the Crown Court. Committals for sentence occur when the defendant in an ‘either way’ case has been tried summarily but the court has decided to commit him or her to the Crown Court for sentence.
The Crown Court is the higher court, which deals with very serious offences such as murder, manslaughter, drug trafficking, rape and armed robbery, which make about 2% of all criminal cases. There are about 90 Crown Court centres, in six regional areas called circuits, with most of them situated in London and the larger towns. The Central Criminal Court in London (known as the Old Bailey) is now a Crown Court centre. The centres are divided into different level of importance, so that the more serious criminal and civil cases are heard by top-level courts.
The administration of the Crown Courts is organized centrally by the Lord Chancellor’sDepartment in London.
The Crown Court has exclusive jurisdiction over all indictable offences wherever committed. Innocence or guilt is determined at a trial presided by a judge, with a jury of twelve citizens. The English law presumes the innocence of an accused person: thus it is the prosecution who has the burden of establishing guilt. An accused person has the right to employ a legal advisor and if cannot afford to pay he may be granted legal aid wholly or partly from the state.
Vocabulary Notes to the text ‘Crown Courts’.
1. triable – подсудный
2. manslaughter – 1) человекоубийство; 2) непредумышленное убийство
3. rape – изнасилование
4. lay magistrate – мировойсудья; (lay = justices of the peace)
5. theft – кража, воровство
6. burglary – ночная кража со взломом
7. indictableoffences – правонарушения, подлежащие рассмотрению в суде
8. totrysummarily – рассматривать дело в суде в порядке суммарной юрисдикции.
REVISION
TASK 1. Read the continuation of the text ‘Crown Courts’ and substitute Russian words in brackets by the English ones. Use the list of words below.
There are 63 full-time, legally qualified (должностныелица, находящиесянажалованииправительства) who may sit alone and usually (председательствоватьвсуде/присудебномразбирательстве) in urban areas where the workload is heavy.