Criminal procedure in the magistrate’s Court.

Let’s assume a simple example. X exceeds the speed limit when driving a car on the highway. X is stopped by a police officer who informs X that he will be reported for summons.

Then the police officer submits the report and from this an information is prepared. An information is a statement, usually written, setting out the details of the alleged offence.

From the information the clerk to the justice prepares a summons which is signed by J.P. The summons is then served on the defendant, usually by sending a copy by post. The summons informs X of the date, time and place of the court and the statute (or common law rule) infringed.

In minor offences, the Magistrates’ Court Act 1952 provides a procedure by which a defendant may avoid attendance at court by sending a form through the post to the clerk of the court pleading guilty. The defendant may make any written explanation, which will be considered by the court. This saves much time and the case is quickly disposed of, usually by a fine.

A defendant who strongly wishes to contest the case will attend the court on a day named. When the magistrates are ready to hear the case. X’s name will be called out. X will be directed to the position in the court. The alleged offence is read out to the defendant who is asked to plead. X pleads «Not Guilty». First the solicitor will give a short outline of the facts, and then ask the police officer to enter the witness box and after being sworn, to give evidence. … After the police officer and the defendant give their versions the justices announce the verdict of Guilty or Not Guilty.

In many cases in these courts there are more serious matters. The burden of proving the guilt of the accused rests on the prosecution throughout the trial. The accused person is presumed innocent until the contrary is proved.

Cases committed to the Crown Court by the magistrates are triable by judges and jury.

Proceedings start with indictment, which is a written accusation of the crime for which a person is to be tried by the Crown Court. A «bill of indictment» must first be given to the clerk of the Court. When the judge (or recorder) is satisfied that the requirements of the law are complied with, the clerk may be directed to sign the Bill and, when this is done, the document becomes an «indictment».

Then after formalities a trial may take place. The defendant is «arraigned» when the clerk of the court calls the defendant by name to the bar and asks: «How say you, are you guilty or not guilty?» The actual pleading to this question, i.e., guilty or not guilty, must be by the defendant, not by the counsel.

Where the defendant pleads not guilty, a jury is empanelled from those potential members of the jury called to attend the court. They take the oath and are sworn to «well and truly try the case according to the evidence».

After the prosecuting counsel outlines the case, witnesses are examined and cross-examined, evidence is given and closing speeches are made, the judge (or recorder) addresses the jury. He directs the jury on the law, sums up and explains the matter. The jury retires and deliberates in secret without any interference from anyone. The verdict is theirs and theirs alone.

If the defendant is found guilty by the jury, defense counsel will make a plea in mitigation bringing out those facts which ought to be borne in mind by the court before the sentence of the court is awarded by the judge.

Приложение № 3

What is the Constitution?

We know since school that the Constitution is the country's fundamental law, it determines the nature of political authority, the structure of the state system, etc.

Constitutions are first and foremost supposed to set out and guarantee human rights, and in this connection (precisely in this connection) they are supposed to regulate and limit state authority.

The constitution is not merely the country's fundamental law, it is precisely the document which can (and must) make human rights real and immutable. That's what the sages of the past had in mind when they were trying to formulate their code of law. They intended to use it as a shield against highhanded authorities. The current Constitution is not ideal. Yet it shows a tendency towards democratisation and the recognition of human rights. The most important ideas are now incorporated in the new Constitution: the principle of human rights, the idea of a law-governed state, the idea of distrubution of power, the idea of a union of sovereign Republics, fully in accord with the requirements of their various nationalities. The current Constitution made possible some major changes in the country's political structure: the reform of the higher bodies of state power, the reform of suffrage to allow the first free elections, etc.

The laws on land ownership, the recognition of various types of property, the renovation of the judicial system are proclaimed for everyone's benefit.