English for social workers II session 5, 19 nov 2012

1. English for social workers IIsession 5, 19 nov 2012 Miljen Matijašević E-mail: miljen.matijasevic@gmail.com Office: G10, room 6 (1st floor) Tue, 10:30-11:30

2. Today’s session • Revision of the last session • Police Powers in Great Britain • Revision exercises

3. Revision of the last session Wills and Inheritance / Economic, Social and Cultural Rights

4. Answer the questions • What does it mean to die testate/intestate? • What is a will? • What are the requirements for a valid will? • How can a will be altered? • Is the family of the deceased guarantee a part of the estate? • Who are personal representatives of the deceased?

5. Answer the questions • What is probate of the will? • What happens in the case of intestacy? • What is a constitution? • What are the essential characteristics of the RC? • Name some essential rights laid down in the Constitution! • What government institutions are provided for in the Constitution? • What are the tasks of the Constitutional Court?

6. Police Powers in Great Britain Unit 35

7. The Police • What is the role of the police? • To maintain public order • To enforce (criminal law) and conduct criminal investigations • To protect persons and property

8. The Police • Why is it particularly important that police powers be regulated by law? • The extent to which it may intefere with the freedom of the individual must be defined • Unlawful use may affect both civil and criminal liability • Police and Criminal Evidence Act 1984 (PACE)

9. Police Powers in Great Britain • The main police powers are: • stop and account • stop and search • cautions and penalty notices • entry, search and seizure • arrest and detention

10. Stop and Account • the police can stop a person in a public place and ask them to account for him/herself without having special reason to do so • they may ask them what they are doing in the area, where they are going, and what they are carrying • not allowed to ask personal details (e.g. name) except ethnicity • the person is given a receipt, including the officer’s name and details

11. Stop and Search • the police may search any person or vehicle if they suspect that they will find: • stolen items, • drugs, • a weapon, • an item which may be used to commit an offence, etc. • in exceptional circumstances, they can search a person without having grounds to suspect the above (e.g. to prevent terrorism, or if a serious violent incident has taken place)

12. Stop and Search • the police must inform the person of their power to stop and search, their name and station, reason for the search, what they think they might find, and provide the person subject to search a record thereof • a search can be conducted in any public place, but not at a person’s home • the police can use reasonable force but they must try to persuade the person to co-operate

13. Cautions and penalty notices • if a minor crime is committed and the offender is 18 or over, admits the crime a CAUTION can be issued • the point is to avoid court proceedings and discourage the offender from reoffending • a caution goes on record and can be used as evidence of bad character • if the offender reoffends within 2 years and the latter offence is similar or worse to the first one, he/she will be charged

14. Cautions and penalty notices • a CONDITIONAL CAUTION is similar but a condition must be fulfilled for the caution to be issued and a criminal charge avoided • the condition might refer to rehabilitation or reparation of damage caused by the offence • Cautions can include a CANNABIS WARNING – a record of possession of small quantities of cannabis for personal use • the police can issue PENALTY NOTICES for disorderly behaviour of traffic offences

15. Entry, search and seizure • the police may enter premises with or without a warrant Entry without a warrant: • in dealing with or preventing a breach of peace • arresting a person for certain offences • in order to save life or prevent serious damage to property • in order to recapture someone who has escaped from custody

16. Entry, search and seizure • in other circumstances, a warrant must be obtained from a magistrate • they must ask for permission to enter (unless it would hinder the search) • ifrefusedthey may use reasonable force to enter

17. Entry, search and seizure • forced entry permitted if: • the occupier does not co-operate • the premises are empty • communication with the occupier is impossible • to prevent danger

18. Entry, search and seizure • the police may SEIZE property if they have grounds to believe that: • it was obtained through crime, • it is evidence of the offence under investigation or another offence, • it might get lost, hidden, destroyed or altered.

19. Arrest and detention • an arrest can be made if a warrant of arrest has been obtained • the warrant is not necessary if : • a person is committing an offence, about to commit an offence, or has just committed an offence, • the police have grounds to believe the above, • obtaining a warrant is impractical, and • they do not or cannot get the person’s name/address or have reason to believe that a false name/address has been provided, • the arrest is necessary because the suspect might harm themselves or others, commit an offence against public order and safety, or harm a child or a vulnerable person

20. Arrest and detention • upon arrest the suspect is taken to the police station • he/she has a right to: • inform someone of their arrest • seek legal advice • look at the police codes of practice • some of these rights may be delayed (informing a person) if this might interfere with the investigation

21. Arrest and detention • a suspect can be detained for no more than 24 hours without being charged • a superintendant can extend this for additional 24 hours, and a magistrate for 72 hours • if a charge has been brought, the suspect must be brought before a magistrate • if suspected of terrorism, different rulesapply (detentionpossible for up to 28 days)

22. Arrest and detention • the suspect has a right to silence, but this may be taken into account during trial when deciding on the guilt

23. Key terms stop and account stop and search caution conditional caution penalty notice entry occupier premises seizure detention right to silence

24. Revision exercises

25. consent – forgery – residue – arsonconform – summary – deter – spouse COMPLETE USING THE WORDS ABOVE • _______ involves producing fake documents or signatures. • A marriage is voidable without the proper _______ of both parties. • The point of punishment is to _______ from crime. • Setting fire to property is known as _______. • In English law, petty crimes are referred to as _______ offences. • After all the debts have been paid and estate distributed according to the will, what is left is called _______. • All laws, regulations and decisions must _______ to the constitution.

26. consent – forgery – residue – arsonconform – summary – deter – spouse COMPLETE USING THE WORDS ABOVE • FORGERY involves producing fake documents or signatures. • A marriage is voidable without the proper CONSENT of both parties. • The point of punishment is to DETER from crime. • Setting fire to property is known as ARSON. • In English law, petty crimes are referred to as SUMMARY offences. • After all the debts have been paid and estate distributed according to the will, what is left is called RESIDUE. • All laws, regulations and decisions must CONFORM to the constitution.

27. contest – sedition – larceny – beneficiarynecessity – petitioner – intestate – obstruction COMPLETE USING THE WORDS ABOVE • _______ involves incitement of resistance to or rebellion against lawful authority. • The party asking for a divorce is referred to as the _______. The respondent can decide to _______ the divorce, or agree to all terms. • When somebody dies _______ , the law regulates how their property is distributed, and who the _______ of the estate are. • Hiding evidence relevant to a criminal investigation constitutes _______ of justice. • Defence against crime due to _______ refers to self-defence.

28. contest – sedition – larceny – beneficiarynecessity – petitioner – intestate – obstruction COMPLETE USING THE WORDS ABOVE • SEDITION involves incitement of resistance to or rebellion against lawful authority. • The party asking for a divorce is referred to as the PETITIONER. The respondent can decide to CONTEST the divorce, or agree to all terms. • When somebody dies INTESTATE, the law regulates how their property is distributed, and who the BENEFICIARIES of the estate are. • Hiding evidence relevant to a criminal investigation constitutes OBSTRUCTION of justice. • Defence against crime due to NECESSITY refers to self-defence.

29. Translate the following paragraph Exemptions from criminal liability are of two kinds. A person may be exempted from criminal liability either (a) because something had deprived him of his free will and self-control (e.g. insanity, coercion or necessity), or (b) because he is one of the class of persons subject to special rules (e.g. foreign sovereigns and diplomats, minors under te years of age, etc.).

30. Explain and translate the following terms • perjury • void • bequest • burglary • consanguinity • executor • deceased • recklessness

31. Explain and translate the following terms • perjury – krivokletstvo, lažno svjedočenje • void – ništav, ništetan • bequest – oporučni dar, ostavština • burglary – provalna krađa • consanguinity – krvno srodstvo • executor – izvršitelj • deceased – pokojnik • recklessness – nesavjesnost, nehaj

32. Translate the terms into English • obiteljsko nasilje • razvrgnuće braka • supružnik • kriv van svake sumnje • dodatak oporuci • ukinuti • pranje novca • zaplijena imovine

33. Translate the terms into English • obiteljsko nasilje – domestic violence • razvrgnuće braka – dissolution of marriage • supružnik – spouse • kriv van svake sumnje – guilty beyond reasonable doubt • dodatak oporuci – codicil • ukinuti – abolish • pranje novca – money laundering • zaplijena imovine – seizure of property

34. Thank you for your attention!