1.2. Прочитать и перевести текс, после него ответить на вопросы The appeal is a petition to a higher court for review of a case that has been decided by a court of law. The petition made to a higher court for the purpose of overturning the lower court’s decision or change the judgment of a previous court hearing. The specific procedures for appealing can vary greatly depending on the type of case and jurisdiction where the case was prosecuted. The appeal system is mostly for the benefit of the defendant, but it is possible for the prosecution to appeal for a retrial if it can be shown that there was some improper conduct, such as bribing or intimidating witnesses or jurors.
Appellate courts cannot overturn a verdict simply because they disagree with it e.g., with how the jury weighed the evidence and decided to believe one witness more than another witness. Appeals tend to focus on problems in the trial, judge’s legal ruling, the instructions to the jury, and the trial procedures, not simply in the judge’s factual interpretations.
The procedures for appealing are the same in every court of law.
In modern English practice most appeals are dealt by way of rehearing. Appellate tribunals are usually reluctant to overturn the decisions of lower tribunals on questions of fact even when they have the power to do so. Consequently, most of the argument is about legal errors allegedly committed at the trial.
A defendant found guilty may appeal against the finding or against the punishment to the local Crown Court, and the Crown Court judge will hear the appeal without a jury. If a defendant has a good reason to believe the magistrates have made a mistake about a point of law, then he/she may appeal to the Queen's Bench Division of the High Court.
Appeals from the Crown Court go first to the High Court and, in special cases, to the Court of Appeal. Occasionally, a case is carried through this system of appeal all the way to the House of Lords. The House of Lords, the upper house of the British parliament, only deals with cases of real public importance. The House of Lords is the final court of appeal. Its decisions on both criminal and civil matters bind all other courts. Only the government can overturn a decision of the House of Lords and then, only by passing an Act of Parliament.
1.3. Answer the questions:
1. What is an appeal?
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2. How are most appeals dealt with in modern English practice?
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3. What are appellate tribunals reluctant to do?
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4. What is most of the argument about?
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5. When can the prosecution appeal for a re-trial?
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6. Where can the defendant appeal if he is dissatisfied with the decision of the magistrates' court?
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7. What can the defendant appeal against?
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8. How does the appeal system work in England?
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