1. C R I M E

2. C R I M E any ACT or OMISSION (of an act) that violates the law
is against the community
is punishable by the state

3. Criminal justice THE POLICE THE STATE a) The State Crown Prosecution
prosecutes those
charged with a crime
a) The State Crown Prosecution
Service (CPS)
CPS - established by the Prosecution of Offences Act (began operating in 1986); before 1986 prosecutions were brought by the state and conducted by the police
- Crown Prosecutors
b) Private individual or business (private prosecutors bring prosecutions)
THE POLICE
investigate a crime
apprehend suspects
detain them in custody
send a file of the case to CPS (Crown Prosecution Service)

4. STARTING THE PROCEEDINSG
1. the police apprehend suspects and decide whether the offender should be prosecuted
2. if so, a file is sent to the CPS
3. CPS reviews the file and decides whether there is a realistic prospect of conviction and whether a prosecution would be in the public interest
4. CPS must be sure that the evidence is legally admissible and reliable, taking account of the witnesses

5. Initiation of criminal proceedingsby
The serving of a SUMMONS setting out the offence and requiring the accused to attend court
A warrant of arrest issued by a Magistrates’ Court (in more serious cases)

6. Which courts in England and Wales exercise criminal jurisdiction?
Criminal courts
Which courts in England and Wales exercise criminal jurisdiction?

7. Categories of criminal offence
CRIMINAL OFFENCES
*INDICTMENT (in’daitm∂nt)– a written accusation of crimes (contains the alleged offences, supported by facts)
INDICTABLE
serious crimes (e.g.murder)
triable on INDICTMENT
CROWN COURT
(judge and jury)
TRIABLE EITHER WAY OFFENCES
(the middle range of crimes)
Magistrates’ Court or
Crown Court
SUMMARY
minor crimes
MAGISTRATES’ COURT
(without a jury)

8. Categories of criminal offences before the Criminal Law Act 1967
INDICTABLE SUMMARY OFFENCES OFFENCES
TREASON
the most serious crime against the state
(punishable by death until 1998)
FELONY
more serious crimes
(murder, manslaughter,
rape,
arson,
burglary,
theft,
bigamy etc.)
MISDEMEANOUR
less serious crimes
(minor assaults,
conspiracy,
perjury,
blasphemy,
fraud,
road traffic offences)

9. New classification of CRIMINAL OFFENCES (according to the Criminal Law Act 1967)
INDICTABLE SUMMARY OFFENCES OFFENCES
TREASON
(punishable by a maximum imprisonment for life since 1998 – changed by Crime and Disorder Act)
ARRESTABLE
OFFENCES
(sentence is fixed by law – 5 or more years; anybody can make an arrest without warrant)
OTHER OFFENCES
(no power of arrest)

10. Classification of crimes according to the TARGET
AGAINST the AGAINST the
STATE and PERSON
PUBLIC PEACE
and ORDER
AGAINST
PROPERTY

11. Criminal court proceedings
Adversarial system of justice
(each side collects and presents their own evidence and attacks their opponent’s cross examination)
PROSECUTION DEFENCE
(prosecutor, (defendant
prosecuting attorney) defence counsel)
(has to proven beyond reasonable (PRESUMPTION OF INNOCENCE
doubt that the accused is guilty) the accused is presumed innocent
until proved to be guilty
- can PLEAD GUILTY or NOT GUILTY) .

12. from criminal liability
EXEMPTIONS
from criminal liability
A) Person who has been deprived of his/her free will and self-control (insanity, coercion, necessity, etc.)
B) Person who is one of the class of persons subject to special rules (foreign sovereigns and diplomats, minors under ten years, etc.
(THE AGE OF CRIMINAL RESPONSIBILITY in England and Wales is 10 years old.)

13. DRUNKENNESS or INTOXICATION
DEFENCE only if
induced by others, without fault on the part of the accused;
B) produces temporary insanity or negates the
specific degree of intent required by the
offence charges

14. (1) Kazneno djelo može se počiniti činjenjem ili nečinjenjem.
Compare the following articles of the Croatian Criminal Law Act with English criminal law. Translate into English
Članak 8.
(1) Kazneni postupak za kaznena djela pokreće Državno odvjetništvo u interesu Republike Hrvatske i svih njezinih građana.
(2) Iznimno za određena kaznena djela može se zakonom propisati da se kazneni postupak pokreće privatnom tužbom ili da Državno odvjetništvo pokreće kazneni postupak povodom prijedloga.
Članak 10.
Kazneno se zakonodavstvo ne primjenjuje prema djetetu koje u vrijeme kad je počinilo kazneno djelo nije navršilo četrnaest godina života.
Članak 25.
(1) Kazneno djelo može se počiniti činjenjem ili nečinjenjem.

15. Essential expressions
to prosecute (vs. to defend) = podignuti optužnicu za kazneno djelo; kazneno goniti to bring prosecution = pokretnuti kazneni postupak
prosecution vs. defence = tužiteljstvo vs. obrana
prosecutor = tužitelj vs. branitelj
criminal liability = kaznena odgovornosti
beyond any resonable doubt = izvan svake razborite sumnje
to exempt; an exemption
to be exempt from criminal liability = biti izuzet od kaznene odgovornosti
drunkenness or intoxication = pijanstvo ili alkoholiziranost
treason = izdaja (high treason = veleizdaja)
felony = težak zločin
misdemeanor =prekršaj
to be presumed innocent = smatrati nevinim
to serve a summons = predati sudski poziv
to issue warrant fo arrest = izdati nalog za uhićenje
to try sb for sth = suditi nekome za nešto , voditi sudski postupak
triable = koji se može tužiti, suditi
a trial = suđenje
indictment = optužnica, optužni prijedlog
indictable offence = teško kazneno djelo, kazneno djelo koji se goni po službenoj dužnosti temeljem optužnog prijedloga
triable either way offence = kaznena djela sudiva na oba način
summary offences = lakše kazneno djelo
Criminal Law Act = kazneni zakon
to charge with an offence = optužiti za kazneno djelo
a charge of murder = optužba za ubojstvo
adversarial = akuzatorni, protivnički, optužni (vs. inquistorial = istražni)
to be sentenced to = osuditi na

16. Vocabulary exercise I Complete the definitions.
1. a …………. ………… ………… - a court document authorizing the police to detain someone
2. an …………….. – a written statement with details of the crimes someone is charged with
3. a ……………. – a formal order to attend court

17. Vocabulary exercise I – Answer key
warrant of arrest
indictment
summons

18. Vocabulary exercise II
Make word combinations of the words in the box and use appropriate ones to complete the sentences below.
1 The Crown Prosecutor considers whether there’s sufficient evidence to provide a …………….... ………………. of conviction.
2. There should be no conviction without proof beyond ….. ……. .
3. The Crown Court always hears ……......…… …………….… such as manslaughter.
4. In sentencing serious crimes, courts can impose … …… …… ….. .
5. At the end of a trial, a defendant may be ordered to pay a contribution towards ……………….. ……………….. .
criminal doubt sentence indictable severe plea realistic guilty
reasonable defence proceedings costs reduced prospect offences penalties

19. Vocabulary exercise II – Answer key
1 The Crown Prosecutor considers whether there’s sufficient evidence to provide a realistic prospect of conviction.
2. There should be no conviction without proof beyond reasonable doubt.
3. The Crown Court always hears indictable offences such as manslaughter.
4. In sentencing serious crimes, courts can impose severe penalties .
5. At the end of a trial, a defendant may be ordered to pay a contribution towards defence costs .

20. Vocabulary exercise III
Replace the underlined words and phrases with alternative words and phrases from the box.
Bail may be refused and the defendant may be (1) held in police custody.
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.
The police formally (4) accuse the suspect in the police station.
If the offender pleads guilty in the Magistrates’ Court, the court imposes a(5) punishment.
The police investigate a serious offence and (6) arrest a suspect.
The suspect may ask for (7) release from custody before trial.
aquitted sentence/penalty detained bail
appears charge apprehend

21. Vocabulary exercise III – Answer key
detained
acquitted
appears
charge
sentence/penalty
bail