英语国家概念-l8.doc

Chapter 8Justice and the LawThere is no single legal system in the United Kingdom. There is, however, a general similarity between the separate systems of England and Wales and of Northern Ireland. Between the Scottish system and those of the rest of the United Kingdom the differences are more extensive, although there is substantial identity at many points.A feature common to all systems of law in the United Kingdom is that there is no complete code. The sources of law include: (1) statutes (Acts of Parliament and subordinate legislation made under powers conferred by Parliament); (2) a large amount of unwrit - ten" or common law, gathered from numerous decisions of the courts and other sources; (3) equity law (a supplementary means to deal with cases not covered by common law); and (4) European Community law, which derives from Britain's membership of the European Union and is confined, mainly to economic and social matters. Another common feature is the distinction made between criminal law (concerned with wrongs against the community as a whole) and civil law (concerned with disputes between individua's about their rights, duties and obligations; and dealings between individuals and companies, and between one company and another).I .Criminal ProceedingsIn England and Wales, once the police have charged a person with a criminal offence, the Crown Prosecution Service assumes control of the case and independently reviews the evidence to decide whether to prosecute. In Scotland, the Lord Advocate, the principal Law Officer of the Crown, is responsible for prosecutions in the High Court, the sheriff courts and the district courts. It is the law throughout the United Kingdom that as soon as anyone is arrested, he must be charged and brought before the court with the least pos-sible delay. Unless the case with which an arrested person is charged is very serious, he will usually be granted bail if he cannot be brought before the court within a day.All criminal trials are held in open court because the criminal law presumes the innocence of the accused until he has been proved guilty beyond reasonable doubt; every possible step is taken to deny to the prosecution any advantage over the defence. No accused person has to answer the questions of the police before trial; if he does make a statement, this cannot be used in evidence at his trial unless he has been cautioned in the proper terms; he is not compelled to give vidence or to submit to cross-exarnihation in court.Every accused person has the right to employ a legal adviser to conduct his defence; if he cannot afford to pay, he may be granted aid at public expense. If he is charged with murder, and has insufficient means, he must be granted legal aid.In criminal trials by jury, the judge passes sentence (as in all trials) but the jury decides the issue of guilt or innocence. The jury consists of ordinary, indepenedent citizens summoned by the court:12 in England, Wales and Northern Ireland, and 15 in Scotland. People between the ages of 18 and 70 (65 in Scotland) whose names appear on the electoral register, with certain exceptions, are liable for jury service and their names are chosen at random. If. the verdict of the jury cannot be unanimous, it must be by a majority. In England, Wales and Northern Ireland if the jury cannot reach a unanimous decision the judge may allow a majority verdict provided that, in the normal jury of 12 people, there are not more than two dissenters. In Scotland the jury's verdict of "guilty" can only be reached if at least 8 out of 15 members are in favour. A verdict of acquittal for the accused, who can never again be charged with that specific crime,II. Crimna1 Courts1. England and WalesCriminal courts in England and Wales include:Magistrates' Courts which try summary offences (the less serious offences and the vast majority of criminal cases) and "either way" offences (theft, the less serious cases of burglary and some assaults). "Either way" offences can also be tried by jury in the Crown Court. A magistrates' court, which is open to the public and the media, usually consists of three unpaid "lay" magistrates - known as justices of the peace - who are advised on points of law and procedure by a legally qualified clerk or a qualified assistant. A magistrates' court sits without a jury. There are about 29,400 lay magistrates serving 450 courts. A few full-time, legally qualified stipendiary magistrates may sit alone; they usually preside in courts in urban areas where the workload is heavy. In 1994 there were 79 stipendiary magistrates in England and Wales.Youth Courts which try most cases involving people under 18. These are specialist magistrates' courts which either sit apart from other courts or are held at a different time. There are restricions on public access and media coverage. Where a young person under 18 is charged jointly with someone of 18 or over, the case is heard in an ordinary magistrates' court。