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ПХРАЗЫСКИВАЕТМПЛГШПЯ






Разыскиваются преступники, со­вершившие убийство 21 сентября в доме номер 99 по проспекту Мира.

Первый; На вид 30 лет, рост 170— 175 см, худощавого телосложения, волосы черные прямые, лицо круг­лое, нос прямой, глаза слегка на­выкате.

Был одет: темная короткая кожа­ная куртка, светлые брюки, корич­невые ботинки. Носит темные очки в металлической оправе.


Второй: На вид 40 лет, рост 175— ISO см, плотного телосложения, во­лосы светлые, вьющиеся до плеч, лицо овальное, нос курносый, бро­ви густые.

Был одет: темная удлиненная ко­жаная куртка, темные брюки.

Любую имеющуюся информацию просьба сообщить по телефону 222-33-22, или 02.


Just for Fun

A beautiful blonde walked into a Chicago police station and gave the desk sergeant a detailed description of a man who had dragged her by the hair down three flights of stairs, threatened to choke her to death and finally beat her up.

"With this description we'll have him arrested in no time/1 said the desk sergeant.

"But I don't want him arrested", the young woman protested. "Just find him for me. He promised to marry me."

Can you describe the individual?

He was about medium height and had a beard

Was this a male or female?


Chapter III. Law Enforcement



HOLE-PLAY

Identify the Suspect!

There have been a string of bank robberies in the local area recently. Police are investigating the crimes and making the photofits of the suspects.

Work in -pairs. Each pair should consist of a police inspector <i?id a witness.,

STEP 1. The police inspector is questioning the eye­witness to find out all the necessary details of the suspect's appearance,

STEP 3. Using the information obtained they make up a photofit by completing the drawings below,

UNIT 3. POLICE POWERS

TASK 3. Read the text and translate words and expressions given in bold type in writing:

The powers of a police officer in England and Wales to stop and search, arrest and place a person under detention are

contained in the Police and Criminal Evidence Act 1984. The legislation and the code of practice set out the powers and responsibilities of officers in the investigation of offences, and the rights of citizens.


7S


Just English. Английский для юристов


An officer is liable to disciplinary proceedings if he or she fails to comply with any provision of the codes, and evidence obtained in breach of the codes may be ruled inadmissible in court. The code must be readily available in all police stations for consultation by police officers, detained people and members of the public-Stop and Search

A police officer in England and Wales has the power to stop and search people and vehicles if there are reasonable grounds for suspecting that he or she will find stolen goods, offensive weapons or implements that could be used for theft, burglary or other offences. The officer must, however, state and record the grounds for taking this action and what, if anything, was found.

The Criminal Justice and Public Order Act 1994 enables a senior police officer to authorise uniformed officers to stop and search people or vehicles for offensive weapons, dangerous implements where he or she has reasonable grounds for believing that serious incidents of violence may take place. The officer must specify the time-scale and area in which the powers are tu be exercised.

Arrest

In England and Wales the police have wide powers to arrest people suspected of having committed an offence with or without a warrant issued by a court. For serious offences, known as 'arrestable offences', a suspect can be arrested without a warrant, Arrestable offences are those for which five or more years' imprisonment can be imposed. This category also includes 'serious arrestable offences' such as murder, rape and kidnapping,

There is also a general arrest power for all other offences if it is impracticable or inappropriate to send out a summons to appear in court, or if the police officer has reasonable grounds for believing that arrest is necessary to prevent the person concerned from causing injury to any other person or damage to property-Detention, Treatment and Questioning An arrested person must be taken to a police station (if he or she is not already at one) as soon as practicable after arrest. At the station, he or she will be seen by the custody officer who


Chapter Ш. Law Enforcement уд

will consider the reasons for the arrest and whether there are sufficient grounds for the person to be detained. The Code of practice under the 1984 Police and Criminal Evidence Act made it clear that juveniles should not be placed in the cells. Most police stations should have a detention room for those juveniles who need to be detained. The suspect has a right to speak to an independent solicitor free of charge and to have a relative or other named person told of his or her arrest. Where a person has been arrested in connection with a serious arrestable offence, but has not yet been charged, the police may delay the exercise of these rights for up to 36 hours in the interests of the investigation if certain strict criteria are met.

A suspect may refuse to answer police questions or to give evidence in court. Changes to this so-called 'right to silence' have been made by the Criminal Justice and Public Order Act 1S94 to allow courts in England and Wales to draw inferences from a defendant's refusal to answer police questions or to give information during his or her trial Reflecting this change in the law, a new form of police caution (which must precede any questions to a suspect for the purpose of obtaining evidence) is intended to ensure that people understand the possible consequences if they answer questions or stay silent.

Questions relating to an

offence may not normally be r~ ------------------------------ —— л

POLICE CAUTION You do not have to say anything but it may harm your defence if you do not mention when questioned something which you later rely on in court, anything, you do say may be given in evidence,

put to a person after he or she has been charged with that offence or informed that he or she may be prosecuted for it

The length of time a suspect is held in police custody before charge is strictly regulated. For lesser offences this may not exceed 24 hours* A person suspected of committing a serious arrestable offence can be detained for up to 96 hours without charge but beyond 36 hours only if a warrant is obtained from a magistrates1 court

Reviews must be made of a person's detention at regular intervals — six hours after initial detention and thereafter every nine hours as a maximum — to check whether the criteria for detention are stili satisfied. If they are not, the person must be released immediately.


80 Just English. Английский для юристои

Interviews with suspected offenders at police stations must be tape-recorded when the police are investigating indictable offences and in certain other cases. The police are not precluded from taping interviews for other types of offences. The taping of interviews is regulated by a code of practice approved by Parliament, and the suspect is entitled to a copy of the tape.

A person who thinks that the grounds for detention are unlawful may apply to the High Court in England and Wales for a writ of Habeas Corpus against the person who detained him or her, requiring that person to appear before the court to justify the detention. Habeas Corpus proceedings take precedence over others. Similar procedures apply in Northern Ireland and a similar remedy is available to anyone who is unlawfully detained in Scotland.

Recognising that the use of DNA analysis has become a powerful tool in the investigation of crime, the Government has extended police powers to take body samples from suspects. The Criminal Justice and Public Order Act 1994 allows the police to take non-intimate samples without consent from anyone who is detained or convicted for a recordable offence, and to use the samples to search against existing records of convicted offenders or unsolved crimes. In time a national database will be built up.

Charging

Once there is sufficient evidence, the police have to decide whether a detained person should be charged with the offence. If there is insufficient evidence to charge, the person may be released on bail pending further enquiries by the police. The police may decide to take no further action in respect of a particular offence and to release the person. Alternatively, they may decide to issue him or her with a formal caution, which will be recorded and may be taken into account if he or she subsequently re-offends.

If charged with an offence, a person may be kept in custody if there is a risk that he or she might fail to appear in court or might interfere with the administration of justice. When no such considerations apply, the person must be released on or without bail. Where someone is detained after charge, he or she must be brought before a magistrates' court as soon as practicable. This is usually no later than the next working day.


Chapter III. Law Enforcement


SI


TASK 2. Answer the following questions:

L What are the main police powers in England and Wales?

2. In what cases can a police officer stop and search the suspect? i

3. What does the procedure of stop and search consist of?

4. What are the provisions of 1994 Criminal Justice and Public Order Act?

5. What document is necessary to carry out an arrest?

6. What are the arrestable offences?

7. When can a person be arrested without a warrant?

8. Where should the suspects be taken after arrest?

9. What rights does the arrested person have?

10. When can the exercise of these rights be delayed?
11» What is the police caution?

12. What does the right of silence consist of? What can the consequences of using this right be for the suspect?

13. How long can a person be kept in custody before being charged?

14. What is the procedure of interviewing the detained person at the police station?

15. What can a person do in case of unlawful detention?

16. What are the provisions of the Habeas Corpus Act?

17. What happens to a person after he or she has been charged?

TASK 3. Find in the text above the English equivalents for the following words and expressions:

1. задержание и досмотр

2. процессуальный кодекс

3. расследование преступлений

4. права граждан

5. преступления, в связи с которыми может быть произве­ден арест

6. судебная повестка

7. причинение ущерба / нанесение телесных повреждений

8. право не отвечать на вопросы

9. преступления, рассматриваемые по обвинительному акту

 

10. основания для задержания

11. расширенные полномочия полиции

12. запротоколированное, зарегистрированное преступление

13. веские / достаточные доказательства

14. полицейский участок



Just English. Английский для юристов


15. подлежать дисциплинарному взысканию

16. иметь веские/разумные основания

17. уполномочивать, давать право

18. пргашмать меры

19. совершать повторные правонарушения

TASK 4. Translate the following text in writing:

The Miranda Warning

"You have the right to remain silent; anything you say can be used against yoa.J\ these are the words of the Miranda warning which was created as a result of 1966 United States Supreme Court case> Miranda v. Arizona, It. began when Ernesto Miranda was arrested at his home and taken into custody to the police station, where he was identified by a witness as the man who had kidnapped and raped a woman. Police officers took Mr. Miranda into an interrogation room and two hours later emerged with a written confession signed by Mr, Miranda that also stated that the confession was made voluntarily and with full knowledge of his legal rights. The officers, however, failed to advise Mr. Miranda that he had a right to have an attorney present

The United States Supreme Court ruled that the confession could not be used as evidence of Mr. Miranda's guilt because he was not fully advised on his legal rights, which included the right to have his attorney present. The Fifth Amendment to the United States Constitution states that no person can be deprived of life, liberty, or property, without due process of law. To ensure that other accused criminals are made aware of their constitutional rights, The Supreme Court ruled that a suspect who is taken into custody and interrogated must receive a warning of the following rights; the right to remain silent, that anything he says can be used against him in a court of lawT that he has a right of the


Chapter Ш. Law Enforcement



presence of an attorney, and that if he can not afford an attorney, one will be appointed for him prior to any questioning if he so desires. The "Miranda warning" is now applied by law officers throughout the United States as a result of this ruling.

TASK 5. Match the following English expressions with their Russian equivalents:

 

1) credit for time in custody а) возвращение под стражу
2) defendant not in custody b) дальнейшее содержание
3) detention in custody под стражей
4) escape by person in custody с} передать, препроводить
5) in-custody confession под стражу
6) in-custody interrogation d) допрос лица, находящегося
7) person in custody под стражей
8) remand in custody е) содержать под стражей
9) retention in custody f) зачёт времени пребывания
10} to discharge from custody под стражей
11) to keep in custody g) лицо, содержащееся
12) to submit to custody под стражей
  h) освободить из-под стражи
i) побег из-под стражи
  j) подсудимый, находящийся
  на свободе
  к) признание, сделанное лицом,
  находящимся под стражей
  1) содержание под стражей

TASK 6. Fill in the gaps in the text beloiu with the appropriate words from the box:

^^

theft; sentence; charge; fine; fingerprints; oath; arrest;

evidence; cell; court; magistrate;

handcuff; witnesses; investigate; detained; pleaded; found

\_______________________________________________________________________________ J

A policeman was sent to___________________________ the disappearance of

some property from a hotel When he arrived, he found that the hotel staff had caught a boy in one of the rooms with a camera

and some cash. When the policeman tried to_______________________________ the boy, he

became violent and the policeman had to________________________________ him. At the


84 Just English. Английский для юристов

police station the boy could not give a satisfactory explanation

for his actions and the police decided to_______________________________ him with the

_________ of the camera and cash. They took his m______________________________ , locked

him in a_______________ , and_____________ him overnight. The next morning

he appeared in__________________ before the_______________ . He took an _______________ __

and___________ not guilty. Two__________________ , the owner of the property

and a member of the hotel staff, gave_____________________________ . After both sides

of the case had been heard the boy was______________________________ guilty. He had

to pay a________________ of £50 and he was given a_________________________ of three

months in prison suspended for two years.

TASK 7. Fill in the gaps with the prepositions from the box. Some of these can be used more than once:

before; in; to; of; with

V_______________________________ _____^______________________________ J

1. He's being kept_________________ custody.

2. He was sentenced_____________________ five years.

3. She got a sentence____________________ six months,

4. He was accused____________________ murder,

5. She's been charged_____________________ theft.

6. He appeared________________ court__________________ handcuffs.

7. They were brought_____________________ the judge.

TASK 8. Study the newspaper article below and discuss the problems of juvenile custody:

Boy, 15, Dies after Hanging in Police Cell


A fresh controversy was looming yesterday over the care of juveniles in custody when a 15-year-old boy died after being found unconscious in a police cell

The teenager was rumoured to have tried to hang himself in the cell at Hartlepool police station, although the results of a post-mortem examination conducted yesterday will not be released until today. The


15-year-old had been arrested on suspicion of burglary and was found unconscious by custody officers at 3.15 p.m. on Monday. The officers resuscitated him before paramedics rushed him to the general hospital, He was put on a life support system but died at 1 a.m. yesterday morning-

The death will be viewed as particularly controversial because


Chapter III.Law Enforcement



 


juveniles are not supposed to be held in police cells under any circumstances. Under the 1984 Code of Practice juveniles should not be placed in the cells. "Most police stations would have a detention room for those juveniles who need to be detained. The rooms are much more spacious and less intimidating than cells and, crucially, nearer the custody officer. But juveniles are sometimes put in cells because there is nowhere else to put them", Mark Grindrod, juvenile project manager for the Howard League for Penal Reform, said. "If you have juveniles in custody you have to have particular concerns about their vulnerability, because they are


particularly prone to carrying out acts which perhaps they do not fully think through. That's why we have such specific and stringent rules about interviewing and detaining juveniles, both in police stations or prisons." A juvenile should not be held in a cell before being interviewed and a decision over whether to charge him or her is reached. Once a decision to charge has been made, police can bail the young person into the care of social services, or send him or her home, pending a court appearance.

Cleveland Police voluntarily referred the case to the Police Complaints Authority.


TASK 9. Study the selection of newspaper articles covering shop­lifting cases. Comment on the penalties given in each case:






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