Chapter 8：Justice and the law 法律與司法機構

There is no single legal system in the United Kingdom. A feature common to all systems of law in the United Kingdom is that there is no complete code. The sources of law include (1) statutes; (2) a large amount of “unwritten” or common law; (3) equity law; (4) European Community. Another common feature is the distinction made between criminal law and civil law.

聯合王國不實行完全統一的法律制度。聯合王國所有法律制度的一個共同特點是沒有以部完整的法典。法典來源包括：（1）成文法；（2）大量的“不成文法”或習慣法；（3）衡平法；（4）歐共體法。另一個共同的特點是刑法和民法之間的區別。

I．Criminal Proceedings

刑事訴訟程序

1. In England and Wales, once the police have charged a person with a criminal offence, the crown Prosecution Service assumes control of the case reviews the evidence to decide whether to prosecute.

在英格蘭和威爾士，一旦警察指控某人犯有刑事罪，皇家檢察總署就要接管此案，并獨立地審核證據以決定是否起訴。

2. In Britain all criminal trial are held in open count because the criminal law presumes the innocence of the accused until he has been proved guilty beyond reasonable doubt. The prosecution and the defense get equal treatment. No accused person has to answer the question of the police before trial. He is not compelled to give evidence in count. Every accused person has the right to employ a legal adviser to conduct his defense. If he can not afford to pay, he may be granted aid at public expense. In criminal trial by jury, the judge passes sentence, but the jury decided the issue of guilt or innocence. The jury composed of 12 or ordinary people. If the verdict of the jury can not be unanimous, it must be a majority.

在英國，所有的刑事審判都在法院公開進行。因為刑法認為，在消除合理懷疑證明被告有罪之前，他是無辜的。原告與被告同樣平等，審判時被告不必回答警察的問題，不許強迫被告提供證據。每位被告都有權雇傭律師為其辯護。如