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European Convention for the European Convention for the Protection of Human Rights and Protection of Human Rights and Fundamental Freedoms and ECHRFundamental Freedoms and ECHR

Reading the Judgment of a ECHR Reading the Judgment of a ECHR case: Facts of the Tyrer casecase: Facts of the Tyrer case

Choose a word from the list: Choose a word from the list: offender, offender, fine, assault, grievous bodily harm, fine, assault, grievous bodily harm, citizen, guilty, juvenile, punishment, citizen, guilty, juvenile, punishment, actual bodily harmactual bodily harm

The law can punish criminals in The law can punish criminals in many different ways, but most many different ways, but most people would agree that the people would agree that the worst____a court can give is the worst____a court can give is the death sentence.death sentence.

A person who commits a criminal A person who commits a criminal offence is called a criminal, or offence is called a criminal, or ________

Choose a word from the list: Choose a word from the list: offender, offender, fine, assault, grievous bodily harm, fine, assault, grievous bodily harm, citizen, guilty, juvenile, punishment, citizen, guilty, juvenile, punishment, actual bodily harmactual bodily harm If you attack another person illegally If you attack another person illegally

in Britain you will be tried for in Britain you will be tried for unlawful ___unlawful ___

If you physically hurt or injure the If you physically hurt or injure the person you attack, you will be tried person you attack, you will be tried for unlawful___occasioning _____for unlawful___occasioning _____

If the injury you cause in the attack If the injury you cause in the attack is very serious it is called____is very serious it is called____

Choose a word from the list: Choose a word from the list: offender, offender, fine, assault, grievous bodily harm, fine, assault, grievous bodily harm, citizen, guilty, juvenile, punishment, citizen, guilty, juvenile, punishment, actual bodily harmactual bodily harm At the beginning of his or her trial the At the beginning of his or her trial the

accused person must state whether s/he accused person must state whether s/he has committed the offence or not: has committed the offence or not: whether s/he is ___or not___whether s/he is ___or not___

To punish a minor offence the court may To punish a minor offence the court may order the criminal to pay a sum of money order the criminal to pay a sum of money called a ____called a ____

Young people who are accused of crimes Young people who are accused of crimes are tried by a special court called are tried by a special court called ___court.___court.

Human rightsHuman rights

What do you understand by human What do you understand by human rights?rights?

Can you name some individual human Can you name some individual human rights?rights?

How is it possible to protect human How is it possible to protect human rights 1)in domestic law? 2) in rights 1)in domestic law? 2) in international law?international law?

How are human rights protected in How are human rights protected in Croatia?Croatia?

Human Rights Human Rights DocumentsDocuments Universal Declaration of Human Universal Declaration of Human

Rights (1948)Rights (1948) The European Convention of The European Convention of

Human Rights and Fundamental Human Rights and Fundamental Freedoms (1950)Freedoms (1950)

Scan the text for: headings, Scan the text for: headings, proper names, sources, proper names, sources, numbersnumbers EUROPEAN COURT OF HUMAN EUROPEAN COURT OF HUMAN

RIGHTSRIGHTS 25 April 197825 April 1978 TYRER CASETYRER CASE JUDGMENTJUDGMENT

headings, proper names, headings, proper names, sources, numberssources, numbers In the Tyrer case, In the Tyrer case, The ECHR sitting, in accordance with The ECHR sitting, in accordance with

Article 43 of the Convention for the Article 43 of the Convention for the Protection of Human Rights and Protection of Human Rights and Fundamental Freedoms (hereinafter Fundamental Freedoms (hereinafter referred to as ‘the Convention’) and referred to as ‘the Convention’) and Rule 21 of the Rules of the Court, as a Rule 21 of the Rules of the Court, as a Chamber composed of the following Chamber composed of the following judges:judges:

headings, proper names, headings, proper names, sources, numberssources, numbers Mr. G. BALLADORE PALLIERI, President,Mr. G. BALLADORE PALLIERI, President, Mr. J. CREMONA,Mr. J. CREMONA, Mrs. H. PEDERSEN,Mrs. H. PEDERSEN, Mr. THOR VILHJÁLMSSON,Mr. THOR VILHJÁLMSSON, Sir GERLAD FITZMAURICE,Sir GERLAD FITZMAURICE, Mr. P.-H. TEITGEN, Mr. P.-H. TEITGEN, Mr. F. MATSCHER,Mr. F. MATSCHER, And Mr. H. PETZOLD, And Mr. H. PETZOLD, Deputy Registrar.Deputy Registrar.

headings, proper names, headings, proper names, sources, numberssources, numbers Having deliberated in private Having deliberated in private

from 17 to 19 January and on 14 from 17 to 19 January and on 14 and 15 March 1978,and 15 March 1978,

Delivers the following judgment, Delivers the following judgment, which was adopted on the last-which was adopted on the last-mentioned date:mentioned date:

headings, proper names, headings, proper names, sources, numberssources, numbers PROCEDUREPROCEDURE 1. The Tyrer case was referred to the Court by 1. The Tyrer case was referred to the Court by

the European Commission of Human Rights the European Commission of Human Rights (hereinafter referred to as ‘the Commission’). (hereinafter referred to as ‘the Commission’). The case originated in an application against The case originated in an application against the United Kingdom of Great Britain and the United Kingdom of Great Britain and Northern Ireland lodged with the Commission Northern Ireland lodged with the Commission on 21 September 1972 under Article 25 of the on 21 September 1972 under Article 25 of the Convention by a United Kingdom citizen, Mr. Convention by a United Kingdom citizen, Mr. Anthony M. Tyrer.Anthony M. Tyrer.

headings, proper names, headings, proper names, sources, numberssources, numbers AS TO THE FACTSAS TO THE FACTS A. The applicant’s punishmentA. The applicant’s punishment 9. Mr. Anthony M. Tyrer, a citizen of the 9. Mr. Anthony M. Tyrer, a citizen of the

United Kingdom born on 21 September 1956, United Kingdom born on 21 September 1956, is resident in Castletown, Isle of Man. On 7 is resident in Castletown, Isle of Man. On 7 March 1972, being then aged 15 and of March 1972, being then aged 15 and of previous good character, he pleaded guilty previous good character, he pleaded guilty before the local juvenile court to unlawful before the local juvenile court to unlawful assault occasioning actual bodily harm to a assault occasioning actual bodily harm to a senior pupil at his school. senior pupil at his school.

headings, proper names, headings, proper names, sources, numberssources, numbers The assault, committed by the applicant in The assault, committed by the applicant in

company with three other boys, was company with three other boys, was apparently motivated by the fact that the apparently motivated by the fact that the victim had reported the boys for taking beer victim had reported the boys for taking beer into the school, as a result of which they had into the school, as a result of which they had been caned. The applicant was sentenced on been caned. The applicant was sentenced on the same day to three strokes of the birch in the same day to three strokes of the birch in accordance with the relevant legislation. See accordance with the relevant legislation. See paragraph 11 below.paragraph 11 below.

headings, proper names, headings, proper names, sources, numberssources, numbers He appealed against sentence to the Staff of He appealed against sentence to the Staff of

Government Division of the High Court of Justice of Government Division of the High Court of Justice of the Isle of Man. The appeal was heard and dismissed the Isle of Man. The appeal was heard and dismissed on the afternoon of 28 April 1972; the court on the afternoon of 28 April 1972; the court considered that an unprovoked assault occasioning considered that an unprovoked assault occasioning actual bodily harm was always very serious and that actual bodily harm was always very serious and that there were no reasons for interfering with the there were no reasons for interfering with the sentence. The court had ordered the applicant to be sentence. The court had ordered the applicant to be medically examined in the morning of the same day medically examined in the morning of the same day and had before it a doctor’s report that the applicant and had before it a doctor’s report that the applicant was fit to receive the punishment.was fit to receive the punishment.

headings, proper names, headings, proper names, sources, numberssources, numbers 10. After waiting in a police station for a 10. After waiting in a police station for a

considerable time for a doctor to arrive, Mr. considerable time for a doctor to arrive, Mr. Tyrer was birched late in the afternoon of the Tyrer was birched late in the afternoon of the same day. His father and a doctor were present. same day. His father and a doctor were present. The applicant was made to take down his The applicant was made to take down his trousers and underpants and bend over a table; trousers and underpants and bend over a table; he was held by two policemen whilst a third he was held by two policemen whilst a third administered the punishment, pieces of the administered the punishment, pieces of the birch breaking at the first stroke. The applicant’s birch breaking at the first stroke. The applicant’s father lost his self-control and after the third father lost his self-control and after the third stroke ‘went for’ one of the policemen and had stroke ‘went for’ one of the policemen and had to be restrained.to be restrained.

headings, proper names, headings, proper names, sources, numberssources, numbers The birching raised, but did not The birching raised, but did not

cut, the applicant’s skin and he cut, the applicant’s skin and he was sore for about a week and a was sore for about a week and a half afterwards. half afterwards.

headings, proper names, headings, proper names, sources, numberssources, numbers 11. The applicant was sentenced 11. The applicant was sentenced

pursuant to section 56 (1) of the pursuant to section 56 (1) of the Petty Sessions and Summary Petty Sessions and Summary Jurisdiction Act 1927 (as amended Jurisdiction Act 1927 (as amended by section 8 of the Summary by section 8 of the Summary Jurisdiction Act 1960) whereby:Jurisdiction Act 1960) whereby:

headings, proper names, headings, proper names, sources, numberssources, numbers ‘‘Any person who shall-Any person who shall- A) unlawfully assault or beat any A) unlawfully assault or beat any

other person;other person; B) make use of provoking B) make use of provoking

language or behaviour tending to language or behaviour tending to a breach of the peace,a breach of the peace,

headings, proper names, headings, proper names, sources, numberssources, numbers shall be liable on summary shall be liable on summary

conviction to a fine not exceeding conviction to a fine not exceeding thirty pounds or to be imprisoned thirty pounds or to be imprisoned for a term not exceeding six for a term not exceeding six months and, in addition to, or months and, in addition to, or instead of, either such punishment, instead of, either such punishment, if the offender is a male child or if the offender is a male child or male young person, to be whipped’.male young person, to be whipped’.

headings, proper names, headings, proper names, sources, numberssources, numbers The expression ‘child’ and ‘young The expression ‘child’ and ‘young

person’ mean, respectively, and person’ mean, respectively, and individual of or over the age 10 individual of or over the age 10 and under 14 and an individual of and under 14 and an individual of or over the age of 14 and under or over the age of 14 and under 17.17.

headings, proper names, headings, proper names, sources, numberssources, numbers 12. Execution of the sentence 12. Execution of the sentence

was governed by the following was governed by the following provisions: provisions:

headings, proper names, headings, proper names, sources, numberssources, numbers (a) Section 10 of the Summary (a) Section 10 of the Summary

Jurisdiction Act 1960Jurisdiction Act 1960 ‘‘(a) the instrument used shall, in (a) the instrument used shall, in

the case of a child, be a cane, and the case of a child, be a cane, and in any other case shall be a birch in any other case shall be a birch rod;rod;

headings, proper names, headings, proper names, sources, numberssources, numbers (b) the court in its sentence shall (b) the court in its sentence shall

specify the number of strokes to specify the number of strokes to be inflicted, being in the case of a be inflicted, being in the case of a child not more than six strokes, child not more than six strokes, and in the case of any other and in the case of any other person not more than twelve person not more than twelve strokes;strokes;

headings, proper names, headings, proper names, sources, numberssources, numbers (c) the whipping shall be inflicted (c) the whipping shall be inflicted

privately as soon as practicable privately as soon as practicable after sentence and in any event after sentence and in any event shall not take place after the shall not take place after the expiration of six months from the expiration of six months from the passing of the sentence.passing of the sentence.

headings, proper names, headings, proper names, sources, numberssources, numbers (d) the whipping shall be inflicted by (d) the whipping shall be inflicted by

a constable in the presence of an a constable in the presence of an inspector or other officer of police of inspector or other officer of police of higher rank than a constable, and, higher rank than a constable, and, in the case of a child or young in the case of a child or young person, also in the presence if he person, also in the presence if he desired to be present, of the parent desired to be present, of the parent or guardian of the child or young or guardian of the child or young person.’person.’

Scan the text for: headings, Scan the text for: headings, proper names, sources, proper names, sources, numbersnumbers Headings: Headings: Tyrer case, Judgment, The Tyrer case, Judgment, The

applicant’s punishmentapplicant’s punishment Proper names: Proper names: Anthony M.Tyrer, the United Anthony M.Tyrer, the United

Kingdom of Great Britain and Kingdom of Great Britain and Northern Ireland, Commission, Northern Ireland, Commission, Castletown, Isle of ManCastletown, Isle of Man

Scan the text for: headings, Scan the text for: headings, proper names, sources, proper names, sources, numbersnumbers Sources: Convention for the Sources: Convention for the

Protection of Human Rights and Protection of Human Rights and Fundamental Freedoms, Rules of Fundamental Freedoms, Rules of Court, section 56 of the Petty Court, section 56 of the Petty Sessions and Summary Sessions and Summary Jurisdiction Act 1927, Section 10 Jurisdiction Act 1927, Section 10 of the Summary Jurisdiction Act of the Summary Jurisdiction Act 19601960

Scan the text for: headings, Scan the text for: headings, proper names, sources, proper names, sources, numbersnumbers Numbers: 25 April 1978, Article 43, Numbers: 25 April 1978, Article 43,

Rule 21, 17-19 January, 14 and 15 Rule 21, 17-19 January, 14 and 15 March 1978, Article 25, 21 Sept. March 1978, Article 25, 21 Sept. 1956, 7 March 1972, 15, paragraph 1956, 7 March 1972, 15, paragraph 11, 28 April 1972, section 56 (1) 11, 28 April 1972, section 56 (1) 1927, section 8, 1960, 30 pounds, 6 1927, section 8, 1960, 30 pounds, 6 months, over the age 10 and under months, over the age 10 and under 14, over the age of 14 and under 14, over the age of 14 and under 17, 6 strokes, 12 strokes, 6 months17, 6 strokes, 12 strokes, 6 months

Answer the following:Answer the following:

1. What is the text about?1. What is the text about? 2. Who is involved? When?2. Who is involved? When? 3. What is the case about?3. What is the case about?

Supply the following Supply the following information:information: The courtThe court The dateThe date The origin of the caseThe origin of the case The parties of the caseThe parties of the case The main issueThe main issue The main subject of: paragraph 9, The main subject of: paragraph 9,

10, 1110, 11

Supply the following Supply the following information:information: The court:The court: European Court of Human RightsEuropean Court of Human Rights The date:The date: 25 April 197825 April 1978 The origin of the case:The origin of the case: An application to the European An application to the European

Commission of Human Rights Commission of Human Rights referred to the Courtreferred to the Court

Supply the following Supply the following information:information: The parties to the case:The parties to the case: Tyrer against the UKTyrer against the UK The main issue:The main issue: Punishment which the applicant Punishment which the applicant

had receivedhad received

Supply the following Supply the following information:information: The main subject of paragraph 9:The main subject of paragraph 9: The facts: Tyrer’s crime, The facts: Tyrer’s crime,

conviction and appealconviction and appeal 10:10: Tyrer’s punishmentTyrer’s punishment 11:11: Law governing Tyrer’s sentencing Law governing Tyrer’s sentencing

and punishmentand punishment

Read paragraphs 9 and 10 Read paragraphs 9 and 10 and write a quesion for main and write a quesion for main pointspoints

Read paragraphs 9 and 10 Read paragraphs 9 and 10 and write a quesion for main and write a quesion for main pointspoints Who was the applicant?Who was the applicant? What did he do?What did he do? What was the sentence?What was the sentence? Did Tyrer appeal against conviction or Did Tyrer appeal against conviction or

sentence?sentence? Why did he lose the appeal?Why did he lose the appeal? In what circumstances was the In what circumstances was the

punishment given?punishment given? Was Tyrer injured by his punishment?Was Tyrer injured by his punishment?

For each question, For each question, write an answer in write an answer in note formnote form Full answer: The applicant was Mr Full answer: The applicant was Mr

Anthony Tyrer, a UK citizen who Anthony Tyrer, a UK citizen who was resident on the Isle of Man was resident on the Isle of Man and aged 15 at the time of the and aged 15 at the time of the assaultassault

Notes: applicant – Anthony Tyrer Notes: applicant – Anthony Tyrer – UK citizen – resident Isle of Man – UK citizen – resident Isle of Man – 15 at time of assault– 15 at time of assault

NotesNotes

Comitted unlawful assault Comitted unlawful assault occasioning actual bodily harm to occasioning actual bodily harm to pupil at his school because pupil at his school because punished after victim reported him punished after victim reported him to teachers. Pleaded guilty.to teachers. Pleaded guilty.

Sentenced to three strokes of the Sentenced to three strokes of the birch. Appealed against sentence birch. Appealed against sentence (to Isle of Man High Court of Justice)(to Isle of Man High Court of Justice)

NotesNotes

Lost appeal because crime very Lost appeal because crime very serious and court saw no reason to serious and court saw no reason to change sentence.change sentence.

Punishment given (after medical Punishment given (after medical examation and long wait) by three examation and long wait) by three policemen in presence of doctor and policemen in presence of doctor and fatherfather

Punishment hurt, but did not injure Punishment hurt, but did not injure applicantapplicant

Home assignmentHome assignment

Write a summary of the text by Write a summary of the text by answering your questions in note answering your questions in note form. Remember to:form. Remember to:

Include only the main pointsInclude only the main points Use your own wordsUse your own words Cut out all words which are not Cut out all words which are not

necessary to the meaningnecessary to the meaning

What does it mean?What does it mean?

Hereinafter? (lines 9, 26-7)Hereinafter? (lines 9, 26-7) ‘‘later in this document’later in this document’ Whereby? (line 78)Whereby? (line 78) ‘‘according to which’according to which’ Respectively? (line 93)Respectively? (line 93) ‘‘in the order mentioned’in the order mentioned’

Word studyWord study

You have already learned what You have already learned what ‘breach of contract’ is. What do ‘breach of contract’ is. What do you suppose a ‘breach of peace’ you suppose a ‘breach of peace’ is?is?

What kind of language or What kind of language or behaviour do you think could behaviour do you think could cause a breach of the peace?cause a breach of the peace?

Breach of peaceBreach of peace

modern authority defines a breach modern authority defines a breach of the peace as existing whether of the peace as existing whether harm is actually done, or is likely to harm is actually done, or is likely to be done, to a person or his be done, to a person or his property, or a person is in fear of property, or a person is in fear of being harmed through an assault, being harmed through an assault, an affray, a riot, an unlawful an affray, a riot, an unlawful assembly, or some other form of assembly, or some other form of disturbance disturbance

affrayaffray

The offence of using or The offence of using or threatening, other than by words threatening, other than by words alone, unlawful violence. The alone, unlawful violence. The conduct must be such as would conduct must be such as would have caused a reasonable person have caused a reasonable person to fear for his safety to fear for his safety (zastrašivanje, uznemirivanje, (zastrašivanje, uznemirivanje, nered)nered)

TermTerm

A term is (1) a specialised piece A term is (1) a specialised piece of vocabulary;of vocabulary;

(2) a condition in a contract e.g. (2) a condition in a contract e.g. terms and conditions of terms and conditions of applicationapplication

Does it have either of these Does it have either of these meanings in line 87 of the text?meanings in line 87 of the text?

ExceedExceed

Do you suppose the verb to exceed (86, 87) means (1) to be more than, or (2) to be less than?

Answer the following:Answer the following:

Is a 13-year-old girl a ‘child’ or a Is a 13-year-old girl a ‘child’ or a ‘young person’?‘young person’?

And a 16-year-old boy?And a 16-year-old boy? Was Tyrer a ‘child’ or a ‘young Was Tyrer a ‘child’ or a ‘young

person’ at the time of the person’ at the time of the assault?assault?

respectivelyrespectively

What does What does respectivelyrespectively (line 93) (line 93) mean?mean?

Find the following Find the following information:information: The name and date of the law which governs The name and date of the law which governs

sentencing for unlawful assaultsentencing for unlawful assault A Petty Sessions and Summary Jurisdiction A Petty Sessions and Summary Jurisdiction

Act 1927Act 1927 The different forms of punishment which can The different forms of punishment which can

be given for unlawful assaultbe given for unlawful assault Fine, imprisonment, whippingFine, imprisonment, whipping If the court can give more than one form of If the court can give more than one form of

punishment for the same crimepunishment for the same crime Yes: a fine and whipping or imprisonment Yes: a fine and whipping or imprisonment

and whippingand whipping

Find the following Find the following information:information: If unlawful assault is the only offence If unlawful assault is the only offence

for which a person can be whippedfor which a person can be whipped No: breach of peaceNo: breach of peace If anyone can be whipped for unlawful If anyone can be whipped for unlawful

assaultassault Only a male child or a young personOnly a male child or a young person If the way this punishment is inflicted If the way this punishment is inflicted

is regulated in detail by the lawis regulated in detail by the law Summary Jurisdiction Act 1960Summary Jurisdiction Act 1960

Complete the following Complete the following summarysummary The Tyrer case was referred to the The Tyrer case was referred to the

European Court of Human Rights by European Court of Human Rights by the European Commission of Human the European Commission of Human

Rights Rights after an application was made by Mr after an application was made by Mr

Anthony Tyrer against Anthony Tyrer against the UK.the UK. The court delivered judgement in April,The court delivered judgement in April, 19781978

Complete the following Complete the following summarysummary At the age ofAt the age of 1515 Mr Anthony Tyrer, resident onMr Anthony Tyrer, resident on the Isle of Man,the Isle of Man, was convicted of was convicted of unlawful assault occasioning actual unlawful assault occasioning actual

bodily harmbodily harm by the localby the local Juvenile courtJuvenile court

Complete the following Complete the following summarysummary Mr Tyrer had assaulted Mr Tyrer had assaulted A pupil A pupil at at schoolschool together withtogether with three other boys.three other boys.

Complete the following Complete the following summarysummary The reason the boys gave for theThe reason the boys gave for the assaultassault was that they had been punished was that they had been punished

afterafter the victim the victim hadhad reported on them for taking beer to reported on them for taking beer to

school.school.

Complete the following Complete the following summarysummary The court sentenced Mr Tyrer The court sentenced Mr Tyrer

under theunder the Petty Sessions and Summary Petty Sessions and Summary

Jurisdiction Jurisdiction Act of 1927 toAct of 1927 to three strokes of the birchthree strokes of the birch

Complete the following Complete the following summarysummary His appeal against theHis appeal against the sentencesentence to theto the High Court of Justice of the Isle of ManHigh Court of Justice of the Isle of Man waswas dismisseddismissed on the grounds that the offence committed wason the grounds that the offence committed was very seriousvery serious andand there was no reason to interfere with the there was no reason to interfere with the

sentencesentence

Complete the following Complete the following summarysummary The sentence was carried out The sentence was carried out

according to the provisions of theaccording to the provisions of the Summary JurisdictionSummary Jurisdiction Act 1960.Act 1960.

Complete the following Complete the following summarysummary Mr Tyrer was given aMr Tyrer was given a medicalmedical examination in the morning and late examination in the morning and late

that afternoon thethat afternoon the punishmentpunishment was inflicted bywas inflicted by three policemen three policemen in the presence of in the presence of his father and a doctor.his father and a doctor.

Complete the following Complete the following summarysummary Mr Tyrer’s father was unable toMr Tyrer’s father was unable to control control himself during the execution of himself during the execution of

the punishment and attacked one the punishment and attacked one of theof the

policemen.policemen.

The Criminal Process: put The Criminal Process: put the events into the correct the events into the correct orderorder A You are charged with an offenceA You are charged with an offence B You are sentenced to punishment for B You are sentenced to punishment for

an offencean offence C You are suspected of an offenceC You are suspected of an offence D You are tried for an offenceD You are tried for an offence E You are accused of an offenceE You are accused of an offence F You are convicted of an offenceF You are convicted of an offence G You plead guilty or not guilty to an G You plead guilty or not guilty to an

offenceoffence H You are arrested for an offenceH You are arrested for an offence

The Criminal Process: The Criminal Process: KeyKey You are suspected of an offenceYou are suspected of an offence You are arrested You are arrested You are accused/You are charged with You are accused/You are charged with

an offencean offence You are tried You are tried You plead guilty or not guilty You plead guilty or not guilty You are convicted You are convicted You are sentenced to punishment You are sentenced to punishment

At what stage is the person At what stage is the person involved called:involved called:

The defendantThe defendant After being charged with an offence After being charged with an offence

and during the trialand during the trial The offenderThe offender After convictionAfter conviction The suspectThe suspect Before being arrested and chargedBefore being arrested and charged

At what stage is the person At what stage is the person involved called:involved called:

The convictThe convict After conviction and during the After conviction and during the

period of punishmentperiod of punishment The criminalThe criminal general term: after committing a general term: after committing a

crime; legal term: after convictioncrime; legal term: after conviction The accusedThe accused After being charged and during trialAfter being charged and during trial

Complete the following Complete the following reportreport The police were investigating a The police were investigating a

series of burglaries in the series of burglaries in the Westhampton area. A man and a Westhampton area. A man and a woman were suspected of the woman were suspected of the crimes, but there was not enough crimes, but there was not enough evidence toevidence to

arrest/chargearrest/charge them.them.

Complete the following Complete the following reportreport Then, during one night, during a Then, during one night, during a

burglary, the victims woke up burglary, the victims woke up while thewhile the

criminalscriminals were still in the house.were still in the house.

Complete the following Complete the following reportreport They found the burglars in the They found the burglars in the

sitting-room stealing the TV and sitting-room stealing the TV and video. The burglars escaped video. The burglars escaped through the window, leaving through the window, leaving behind a black bag containing all behind a black bag containing all their equipment – covered in their equipment – covered in fingerprints!fingerprints!

Complete the following Complete the following reportreport The next day Samuel and Felicity The next day Samuel and Felicity

Jones wereJones were arrestedarrested by Westhampton police andby Westhampton police and chargedcharged with the offence of burglary with with the offence of burglary with

intentintent

Complete the following Complete the following reportreport TheThe accused/defendantsaccused/defendants were tried on indictment in the were tried on indictment in the

Crown Court where they both Crown Court where they both pleaded not guilty. The jury pleaded not guilty. The jury returned the verdict of guilty.returned the verdict of guilty.

Complete the following Complete the following reportreport The Joneses wereThe Joneses were convictedconvicted andand sentencedsentenced to two years’ imprisonment.to two years’ imprisonment.

Types of punishment: put the Types of punishment: put the punishments in the order you punishments in the order you think best, starting with the think best, starting with the least seriousleast serious Capital punishmentCapital punishment Life imprisonmentLife imprisonment Community serviceCommunity service FineFine ProbationProbation Suspended sentenceSuspended sentence Corporal punishmentCorporal punishment imprisonmentimprisonment

Suspended sentenceSuspended sentence

A sentence of imprisonment that A sentence of imprisonment that does not take effect immediately. does not take effect immediately. Under the Criminal Justice Act of Under the Criminal Justice Act of 2003, a court that passes the 2003, a court that passes the sentence may order the offender sentence may order the offender to comply with one or more to comply with one or more specified requirements, including: specified requirements, including:

Suspended sentenceSuspended sentence

An unpaid work requirement, a An unpaid work requirement, a prohibited activity requirement, a prohibited activity requirement, a residence requirement, a mental residence requirement, a mental health treatment requirement, a health treatment requirement, a drug rehabilitation requirement, drug rehabilitation requirement, an alcohol treatment an alcohol treatment requirement, etc.requirement, etc.

Suspended sentenceSuspended sentence

If during the specified period the If during the specified period the offender fails to comply with a offender fails to comply with a requirement, or commits a further requirement, or commits a further offence, the court may order the offence, the court may order the original sentence to take effectoriginal sentence to take effect

Word ladderWord ladder

Suspended sentenceSuspended sentence ProbationProbation Community serviceCommunity service FineFine ImprisonmentImprisonment Life imprisonmentLife imprisonment Capital punishmentCapital punishment /corporal punishment???//corporal punishment???/

DiscussionDiscussion

Do all these punishments exist in Do all these punishments exist in your country?your country?

The circumstances of The circumstances of A. Tyer’s crimeA. Tyer’s crime Was the punishment he received Was the punishment he received

justified?justified? Which of the three punishments Which of the three punishments

available would you have available would you have sentenced Tyrer to for his crime?sentenced Tyrer to for his crime?

Are there any punishments in the Are there any punishments in the list that you think are never list that you think are never justified?justified?

PredictionPrediction

Why did Tyrer apply to the Why did Tyrer apply to the European Commission of Human European Commission of Human Rights?Rights?

Do you think he was right to Do you think he was right to make an application?make an application?