I Read the Text and Do the Exercise Given Below It

UNIVERSITY OF MONTENEGRO

LEGAL ENGLISH LANGUAGE TEST - LEVEL II (mock final exam)

______(Name) (Date)

I Read the text and do the exercise given below it Acquitted in 1989, yet British grandmother was still wanted 20 years on – Deborah Dark Deborah’s case highlights: the need for EAWs to be removed immediately by issuing States once an executing State has declined to execute. In 1989, Deborah Dark was arrested in France on suspicion of drug related offences and held in custody for eight and a half months. Her trial took place later in 1989 and the court acquitted her of all charges. She was released from jail and returned to the UK. The prosecutor appealed against the decision without notifying Deborah or her French lawyer. The appeal was heard in 1990 with no one there to present Deborah’s defence. The court found her guilty and sentenced Deborah to six years’ imprisonment. Again, she was not informed that an appeal had taken place, nor notified that her acquittal had been overturned. As far as she was concerned she had been found not guilty of all charges and was free to start rebuilding her life. In April 2005, fifteen years after the conviction on appeal, an EAW was issued by the French authorities for Deborah to be returned to France to serve her sentence. She was not informed about this. In 2007, Deborah was arrested at gunpoint in Turkey, while on a package holiday with a friend. The police released her, unable to explain the reasons for her arrest. Upon her return to the UK, she went to a police station and tried to find out the reasons for her arrest. She was told that she was not subject to an arrest warrant. In 2008 Deborah travelled to Spain to visit her father who had retired there. On trying to return to the UK, she was arrested and taken into custody in Spain, where she faced extradition to France. Deborah refused to consent to the extradition, and was granted an extradition hearing. After one month in custody, the Spanish court refused to extradite Deborah on the grounds of unreasonable delay and the significant passage of time. Deborah was released from prison and took a flight back to the UK. However, her ordeal was not over. On arrival in the UK, Deborah was arrested again – this time by the British police at Gatwick airport. Once again, she refused to consent to the extradition and was released on bail pending another extradition hearing. The English court refused the extradition in April 2009 due to the passage of time. As there is no provision for the withdrawal of the EAW by the issuing State in such situations, Deborah spent years as an effective prisoner in the UK – feeling unable to leave the country due to the risk of being re-arrested on the same EAW. In May 2010, after FTI helped build public and political support for Deborah’s case, France finally agreed to remove the EAW, but only after Deborah had spent three years as an effective prisoner in the UK due to the risk of re-arrest.

On the basis of the text above say if these sentences true or false: 1. In the first-instance procedure Deborah was convicted for committing a drug related offence. 2. French authorities issued the European Arrest Warrant (EAW) immediately after Deborah was convicted. 3. UK refused to extradite Deborah. 4. Deborah never agreed to be extradited. 5. Deborah was a prisoner in UK because she was arrested and put into an institution. 10 II Complete the table below with related forms of the words given, then complete the sentences below with the words from the table in the appropriate form

Verb Noun Noun-person appeal complaint apply describe / violation / 4

You have the right to ______to the European Court of Human Rights

Complaints may not be brought directly before the ECHR as a first instance. Cases must first be closed by all of the state's own national complaint and ______bodies. If a case is then brought before ECHR it must be described. This ______must contain: • a brief presentation of the ______• citation of the rights and/or freedoms alleged to have been ______• a listing of the administrative and/or legal rulings passed by national authorities on the case. The Court's central office acknowledges receipt of all ______. When the central office replies, it may request further information on the case. If the central office finds that the complaint (known as an ______) is not admissible for examination by the Court, the ______will be notified.

8 III Fill in the gaps with the appropriate words from the list. You will not use all the words.

justice tried crown defendant Indictable summary jury offences trial judicial murder warrant

Criminal Offences can be classified as ______, either way or indictable only offences and this classification determines how a case is processed through the criminal ______system. Summary offences are mostly minor ______dealt with only on the magistrates courts whether or not the ______enters a guilty or non guilty plea. An example of a summary offence is common assault as found in S39 Criminal Justice Act 1988. Either way offences are more serious than summary offences and can be ______either in the magistrates' court or in the ______court on indictment before a judge and ______. The venue for the case depends on the defendant's plea. ______only offences are the most serious crimes and are tried in the crown court before judge and jury. The defendant will have an initial appearance at the magistrates court where the case is then sent to the crown court for ______. If there are various offences the most serious offence will dictate the process adopted. An example of an indictable only offence is the common law offence of ______.

10 IV Match the terms from column A with their meaning or definition in column B.

a) the transfer of an accused person to another country that 1. arson seeks to place the accused on trial 2. extradition b) to willfully set fire to the property of a person or a 3. seizure company 4. indictment c) formal charge or accusation of a serious crime d) the action of confiscating or impounding property by warrant of legal right 1. ______2. ______3. ______4. ______

4 V Translate the following sentences

1. With Assange’s lawyers confirming their intention to dispute those proceedings on all grounds, it seems the prospect of any extradition to the US remains some way away. 2. In criminal law, a felony is a category of crimes that are often classified as the most serious types of offenses, and they can be either violent or non-violent. ______

V Translate the following sentences

1. Okvirna odluka o Evropskom nalogu za hapšenje pojednostavljuje i ubrzava proceduru. 2. Sudija je utvrdio da je u slučaju optuženog bilo otežavajućih okolnosti jer je žrtva bila maloljetna i odlučio da ne dozvoli oslobađanje uz kauciju. ______