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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

VNN
e o o
r u u
b n n
-
p
e
r
s
o
n
a
p
p
e
a
l
c
o
m
p
l
a
i
n
t
a
p
p
l
y
d /
e
s
c
r
i
b
e
v /
i
o
l
a
t
i
o
n
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.

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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.
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________

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