1. Crime

2. Definitions An offence against the community punishable by the state
An illegal act which may result in prosecution and punishment by the state if the accused is convicted
An act against the law, generally committed with an intent to willfully and knowingly do something that is wrong

3. Classification
Indictable (notifiable) offences – more serious offences triable on indictment (a written accusation of a crime) by a judge and a jury in a Crown Court
Summary offences – less serious offences triable summarily (expeditiously) in a Magistrates’ Court by the justices without a jury
Triable either way (cases which can be heard in either the Magistrates’ Court or the Crown Court, such as theft or burglary)

4. Indictable offences
In the past, indictable offences were divided into treason, felonies and misdemeanors
Today they are divided into:
1. Treason
2. Arrestable offences
3. Other offences

5. Treason the most serious crime against the state
the offence of attempting by overt acts to overthrow the government of the state
In the countries retaining the death penalty still punishable by death

6. Arrestable offences Offences for which the sentence is fixed by law
The sentence may be imprisonment for five or more years
Arrest can be made without a warrant (probable cause)

7. Other offences No particular name
No power of arrest by a police officer or a private citizen

8. Categories
Offences against the State and public peace and order (treason, unlawful assembly, conspiracy, perjury…)
Offences against the person (murder, manslaughter, assault, rape, sexual offences, bigamy…)
Offences against the property (theft, robbery, burglary, fraud, blackmail, forgery…)

9. Conviction
The prosecution must prove beyond reasonable doubt that the accused committed a guilty act with a guilty intent
If the accused person lacks the mental capacity to form a criminal intent, he or she cannot be held responsible for the action

10. Exemptions from criminal liability
Persons subject to special rules (minors under ten years of age, foreign sovereigns, diplomats)
Persons deprived of their free will and self-control (insanity, coercion, necessity)

11. Insanity A deranged state of mind
A person is presumed to be sane and reasonable, unless it is shown that:
1. the person suffers from disease of the mind
2. the person did not know the nature and quality of the act he was doing

12. Coercion (duress) Being forced to do something – being under duress
The duress must have been an order to do something specific

13. Necessity 1. an act done to prevent a greater evil
2. the evil must have been directed to the defendant or someone for who he is responsible
3. he act must have been a proportionate response
Self defence (reasonable, not excessive force)

14. 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 CPS – Crown Prosecution Service
The CPS must consider whether there is enough evidence for a realistic prospect of conviction

15. Criminal proceedings
Criminal proceedings can be initiated either by 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

16. The English system of justice
The English system of justice is adversarial – each side collectes 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

17. Bail
A person accused or under arrest may be granted bail and temporarily released
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

18. Disclosure
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 or witnesses

19. Verdict
If, at the end of the trial, the court’s verdict is not guilty, the defendant is acquitted
If the court’s verdict is guilty, the court issues a sentence

20. Complete the definitions
1. A ___________ - a court document authorising 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

21. Answer key
1. A warrant of arrest - a court document authorising the police to detain someone
2. An indictment - a written statement with details of the crimes someone is charged with
3. A summons - a formal order to attend court

22. Vocabulary
Prosecution – pokretanje kaznenog postupka, podizanje optužnice
Indictable offence - teže kazneno djelo
Summary offence – lakše kazneno djelo
Treason – izdaja
Probable cause – osnovana sumnja
Perjury – krivokletstvo
Conspiracy – urota
Theft – krađa
Robbery – pljačka
Burglary – provalna krađa
Fraud – prijevara
Blackmail – ucjena
Forgery - krivotvorenje

23. Vocabulary II Coercion – prisila, prinuda Custody – pritvor
Summons – sudski poziv, pozivanje pred sud
Warrant of arrest – nalog za uhićenje
Adversarial proceeding – akuzatorni postupak
Burden of proof – teret dokazivanja krivnje
Bail – jamčevina
Disclosure – iznošenje dokaza
Verdict - presuda

24. Translate the following:
Nalog za uhićenje nužan je kako bi se uhitilo osumnjičenu osobu. No policija može izvršiti uhićenje i bez naloga kad postoji osnovana sumnja da je osoba počinila kazneno djelo, kao na primjer ako se osoba nalazi blizu mjesta zločina. Nalog je nužan ako je osoba udaljena od mjesta zločina.

25. A suggested translation
A warrant of arrest is necessary to make an arrest. However, the police can make an arrest without a warrant when there is probable cause to believe a person committed the crime, such as if the person is found near the crime scene. A warrant is needed to arrest someone at a distance from the crime scene.