Glossary of Terms
ABSOLUTE DISCHARGE
The court takes no further action against an offender, but
the offender's discharge will appear on his or her criminal record.
ACCUSED
The person charged. The person who has allegedly committed
the offence
ACKNOWLEDGEMENT OF SERVICE
Form of reply to, or confirmation of, service of process
ACQUITTAL
Discharge of defendant following verdict or direction of
not guilty
ACT
Law, as an act of parliament
ADJOURNED GENERALLY
Temporary suspension of the hearing of a case by order of
the Court (maybe for a short period, eg to next day or without a date
being given).
ADJUDICATION
Judgment or decision of a Court or tribunal
ADVOCATE
A barrister or solicitor representing a party in a hearing
before a Court
AFFIRMATION
Declaration by a witness who has no religious belief, or
has religious beliefs that prevent him/her taking the oath, that the
evidence he/she is giving is the truth
ANTE
Before - An indication within text to refer to an earlier
passage
APPEAL
Application to a higher Court or authority for review of
a decision of a lower Court or authority
APPEAL COURT
The higher court to which cases are sent when either the
defence or prosecution wish to challenge the resolt from a Magistrates
or Crown Court.
APPELLANT
Person who appeals
ARREST
Lawful detention by a police officer.
ASSISTED PERSON (LEGALLY)
A party to legal proceedings who is receiving legal aid
ATTACHMENT OF EARNINGS
An order that directs an employer of a debtor to deduct
regolarly an amount, fixed by the Court, from the debtor's earnings
and pay that sum into Court
ATTORNEY GENERAL
Government Minister responsible for prosecutions and the
Crown Prosecution Service.
Release of a defendant from custody, until his/her next
appearance in Court, subject sometimes to security being given and/or
compliance with certain conditions
BAR
The collective term for barristers
BARRISTER (see COUNSEL; SILK)
A member of the bar: the branch of the legal profession
which has rights of audience before all Courts
BENCH WARRANT
A warrant issued by the magistrates or judge for an absent
defendant to be arrested and brought before a Court either on bail or
in custody
BIND OVER
In the Crown Court or (more usually) the Magistrates Court,
and signed by an officer of the Court
BIND OVER FOR SENTENCE
An order which requires the defendant to return to Court
on an unspecified date for sentence. Failure to observe this order may
resolt in a forfeit or penalty to be enforced
BRIEF
Written instructions to counsel to appear at a hearing on
behalf of a party prepared by the solicitor and setting out the facts
of the case and any case law relied upon
CASE NUMBER
A reference number allocated to each case by the court or
other criminal justice organisation
CAUTION
- Simple Caution – non-statutory warning given to adults (18+) by the police, following admission of guilt, as an alternative to prosecution, which though not a conviction forms part of a person’s criminal record
- Conditional Caution – warning under the Criminal Justice Act 2003 (with reparative and/or rehabilitative conditions attached), given by the police after a CPS decision to issue and following admission of guilt, to adults (18+) as an alternative to prosecution, which though not a conviction forms part of a person’s criminal record
CERTIFICATE OF LEGAL AID COSTS
A certificate of costs allowed following taxation by a
judicial or taxing officer (Previously referred to as an Allocator)
CHAMBERS
- Private room, or Court from which the public are excluded in which a District Judge or Judge may conduct certain sorts of hearings
- Offices used by a barrister
CHARGE
A formal accusation against a person
CIRCUIT JUDGE
A judge who sits in the Crown Court
CIVIL
Matters concerning private rights and not offences against
the state
COMMISSIONER OF OATHS
Solicitors authorised by the Lord Chancellor to administer
oaths and affirmations to a statement of evidence
COMMITTAL
- Committal for Trial: Following examination by the Magistrates of a case involving an either way offence the procedure of directing the case to the Crown Court to be dealt with
- Committal for Sentence: Where the Magistrates consider that the offence justifies a sentence greater than they are empowered to impose they may commit the defendant to the Crown Court for sentence to be passed by a judge
- Committal Order: An order of the Court committing someone to prison
- Committal Warrant (see WARRANT OF COMMITTAL)
COMMON LAW
The law established by previous cases decided
COMMUNITY PENALTIES
Alternatives to prison, community punishment, non-custodial
options, Community sentences Sentences of the court which deal with
the offender in the community rather than in prison. These include community
punishment, community rehabilitation orders and drug treatment and testing
orders.
COMMUNITY PUNISHMENT AND REHABILITATION ORDER
Between 40-100 hours of unpaid work for the community, alongside
a programme of work designed to deal with the offending behaviour and
personal improvement supervised by the Probation Service.
COMMUNITY PUNISHMENT ORDER
Community Punishment (formerly a Community Service Order)
is a community sentence in which offenders work unpaid for up to 240
hours on local community projects under close supervision.
COMMUNITY REHABILITATION ORDER
Community Rehabilitation (formerly a Probation Order) is
a community sentence which involves regolar contact with the Probation
Service. May also include attending an Offending Behaviour Programme
to tackle the reasons why the crime was committed.
COMPENSATION
Sum of money to make up for or make amends for loss, breakage,
hardship, inconvenience or personal injury caused by another
COMPENSATION ORDER
A court order requiring the offender to pay compensation
to the victim.
CONCURRENT SENTENCE
A direction by a Court that a number of sentences of imprisonment
or community penalty shoold run at the same time
CONDITIONAL CAUTION
See CAUTION
CONDITIONAL DISCHARGE
A discharge of a convicted defendant without sentence on
condition that he/she does not re-offend within a specified period of
time
CONDUCT MONEY
Money paid to a witness in advance of the hearing of a case
as compensation for time spent attending Court
CONSECUTIVE SENTENCE
An order for a subsequent sentence of imprisonment or community
penalty to commence as soon as a previous sentence expires. Can apply
to more than two sentences
CONTEMPT OF COURT
An offence, punishable by imprisonment, of disobedience or wilful disregard to the judicial process
CONVICTION
When an offender has pleaded or been found guilty of an
offence in a court he or she is said to have been convicted. The conviction
then appears on the offender's criminal record.
CORROBORATION
Evidence by one person confirming that of another or supporting
evidence, for example forensic evidence (bloodstain, fibres etc) in
murder cases
COUNSEL
A Barrister
COUNT
An individual offence set out in an indictment
COURT
Body with judicial powers (see also COURT ROOM)
COURT OF APPEAL
Divided into:
- civil and,
- criminal divisions and hears appeals:
- from decision in the High Court and County Courts and,
- against convictions or sentences passed by the Crown Court
COURT ROOM
The room in which cases are heard
CRIMINAL
Person who is guilty of a criminal offence
CRIMINAL CASES REVIEW COMMISSION
Public body responsible for investigating alleged miscarriages
of justice.
CROWN COURT
The Crown Court deals with all crime committed or sent for trial by Magistrates Courts. Cases for
trial are heard before a judge and jury. The Crown Court also acts as an appeal Court for cases heard and dealt
with by the Magistrates
CROWN PROSECUTION SERVICE (CPS)
The Crown Prosecution Service decides whether there is enough
evidence to take a case to court, and whether it woold be in the public
interest. After the decision to prosecute has been taken the CPS lawyer
or solicitor represents the CPS in court.
CURFEW ORDER
A curfew order is similar to house arrest. People must stay
indoors, usually at their home, for the curfew period. A tag, worn on
the ankle or wrist, notifies monitoring services if the offender is
absent during the curfew hours.
CUSTODIAL SENTENCES
Sentences where the offender is locked up in a prison, Young
Offender Institution or Secure Training Centre.
DEFENDANT
Person sued; person standing trial or appearing for sentence.
DEPARTMENT FOR CONSTITUTIONAL AFFAIRS
The department in government responsible for upholding justice,
rights and democracy.
DISCHARGE
The offender is found guilty of the offence, and the conviction
appears on his or her criminal record, but either no further action
is taken at all(absolute discharge, or no further action is taken as
long as the offender does not offend again in a certain period of time
(conditional discharge).
DISCONTINUANCE
A decision by the Crown Prosecution Service not to continue
with a case
DISTRICT JUDGE
A legally qualified person who sits in place of, or with
magistrates. Previously known as a stipendiary magistrate
DIVISIONAL COURT
The Divisional Court of the Queen's Bench Division deals
largely with certain appeals on points of law from many Courts
DOCK
Enclosure in criminal Court for the defendant on trial
DRUG TREATMENT AND TESTING ORDER (DTTO)
A sentence for drug users who receive treatment for their
drug use and have to give regolar urine tests to make sure they are
not using drugs.
(see INDICTABLE OFFENCE, SUMMARY OFFENCE) An offence for
which the accused may be tried by the magistrates or by committal to
the Crown Court to be tried by jury
ELECTRONIC MONITORING
An offender or person on bail, on a curfew order or Home
Detention Curfew at the end of a prison sentence, has an electronic
tag. The tag, worn on the ankle or wrist, notifies monitoring services
if the offender is absent during the curfew hours.
EXHIBIT
Item or document used as evidence during a Court trial or
hearing
EXPERT WITNESS
Person employed to give evidence on a subject in which they
are qualified or have expertise.
A sentence of the court which involves the offender paying
money to the court as punishment for their crime.
A civil Court which consists of three divisions:
- Queen's Bench (can be known as King's Bench Division if a King is assuming the throne) - civil disputes for recovery of money, including breach of contract, personal injuries, libel/slander
- Family - concerned with matrimonial maters and proceedings relating to children, eg wardship
- Chancery - property matters including fraud and bankruptcy
HER MAJESTY'S COURTS SERVICE
Her Majesty's Courts Service administers the civil, family and criminal courts in England and Wales. This covers Crown, county and magistrates' courts.
HIGH COURT JUDGE
see JUDGE and HIGH COURT
HOME DETENTION CURFEW (HDC)
A prisoner serving a sentence of between 8 months and 4
years can be released up to 90 days early under strict curfew arrangements
and wearing an electronic tag.
HOME OFFICE
Government department responsible for all national issues
such as crime and immigration
A criminal offence that can only be tried by the Crown Court.
The different types of offence are classified 1, 2, 3 or 4. Murder is
a class 1 offence
INDICTMENT
A written statement of the charges against a defendant sent
for trial to the Crown Court, and signed by an officer of the Court
An officer appointed to administer the law and who has authority
to hear and try cases in a Court of law
JUDGMENT
Final decision of a Court
JUDICIAL/JUDICIARY
- Relating to the administration of justice or to the judgment of a Court
- A judge or other officer empowered to act as a judge
JUROR (see JURY)
A person who has been summoned by a Court to be a member
of the jury
JURY
Body of 12 people sworn to try a case and reach a verdict
according to the evidence in a Court
JUSTICE OF THE PEACE
A lay magistrate - person appointed to administer judicial
business in a Magistrates Court. Also sits in the Crown Court with a
judge or recorder to hear appeals and committals for sentence
JURISDICTION
The area and matters over which a Court has legal authority.
LAW LORDS
Describes the judges of the House of Lords who are known
as the Lords of Appeal in ordinary.
LAWYER
General term used to describe barristers (who usually work
in the Crown Court and Appeal Court) and solicitors.
LEGAL AID
Facility for the fees and expenses of counsel, solicitors
or other legal representatives retained by those of modest means to
be paid from a fund administered by the Legal Aid Board
LISTING QUESTIONNAIRE
This form is used to ensure that all issues are resolved
and that the parties are ready for trial
LORD CHANCELLOR
The cabinet minister who acts as speaker of the House of
Lords and oversees the hearings of the Law Lords. Additional responsibilities
include supervising the procedure of Courts other than Magistrates or
Coroners Courts and selection of judges, magistrates, queens counsel
and members of tribunals. The Lord Chancellor is also the Secretary
of State for Constitutional Affairs.
LORD CHIEF JUSTICE
Senior judge of the Court of Appeal (Criminal Division)
who also heads the Queens Bench Division of the High Court of Justice)
LORD JUSTICE OF APPEAL
Title given to certain judges sitting in the Court of Appeal
Someone who sits as part of a group of three and acts as
a judge in the Magistrates court. Magistrates in England and Wales are
trained volunteers.
MAGISTRATES' COURT
A Court where criminal proceedings are commenced before
Justices of the Peace, or District Judges, who examine the evidence/statements
and either deal with the case themselves or commit to the Crown Court
for trial or sentence
MITIGATION
The explanation for the offence given on behalf of a guilty
party in order to excuse or partly excuse the offence committed in an
attempt to minimise the sentence
NOTIFIABLE OFFENCE
Offence deemed serious enough to be recorded by the Police.
Includes most indictable and triable-either-way offence.
OFFENDER
Someone who has been convicted of a crime.
OFFENDING BEHAVIOUR PROGRAMME (OBP)
A programme of work undertaken with an offender which is
designed to tackle the reasons or behaviour which leads to his or her
offending. Examples of Offending Behaviour Programmes are: Substance-related
Offending; Drink Impaired Drivers; Aggression Replacement Therapy; Sex
Offender Treatment Programme; Integrated Domestic Abuse Programme.
ORDER
A direction by a Court
POST
After - An indication to refer to something to be found
further on
PRECEDENT
The decision of a case which established principles of law
that act as an authority for future cases of a similar nature
PRE-TRIAL REVIEW
A preliminary appointment at which the magistrates or District
Judge consider the issues before the Court and fixes the timetable for
the trial.
PROBATION SERVICE
The National Probation Service's work with offenders combines
continuous assessment and management of risk and dangerousness with
the provision of expert supervision programmes designed to reduce re-offending.
PROSECUTION
The institution or conduct of criminal proceedings against
a person
PROSECUTOR
Person who prosecutes - usually the Crown Prosecution Service
(see PROSECUTION)
As if - Any person exercising powers similar to those of
a judge woold be sitting in a Quasi-Judicial capacity
QUEEN'S COUNSEL
Both experienced solicitors and barristers may apply to become queen's counsel.QCs undertake work of an important nature and are referred to as 'silks' which is derived from the Courts gown that is worn. They will be known as king's counsel if a king assumes the throne.
The standard of proof in criminal courts in the UK is that
the case is proved 'beyond reasonable doubt'. The Crown Prosecutor must
prove 'beyond reasonable doubt' that the defendant committed the offence.
RECORDER (also Assistant Recorder)
Members of the legal profession (barristers or solicitors)
who are appointed to act in a judicial capacity on a part time basis.
They may progress to become a full time judge.
REMAND (IN CUSTODY)
The accused person (defendant) is kept in custody or placed
on bail pending further Court appearance(s).
RE-OFFEND
When an offender commits a new crime after being convicted
of a previous offence.
RESTORATIVE JUSTICE
This may involve a meeting between the offender and victim,
with a mediator, where the victim can tell the offender how the offence
has affected them, and the offender has the chance to make amends directly
to the victim of the crime.
RIGHT OF AUDIENCE
Entitlement to appear before a Court in a legal capacity
and prosecute or defend proceedings on behalf of a party to the proceedings
STCs are purpose-built centres for young offenders up to
the age of 17. They are run by private operators contracted by the Home
Office.
SERVICE
Delivery by post or personal service of the case, or other
court documents
SILK
Queens Counsel, a senior barrister sometimes referred to
as a leader or leading counsel (See QC)
SIMPLE CAUTION
See CAUTION
SOLICITOR
Member of the legal profession chiefly concerned with advising
clients and preparing their cases and representing them in some Courts.
May also act as advocates before certain Courts or tribunals
STATEMENT
A written account by a witness of the facts of details of
a matter.
STATUTORY INSTRUMENT
A document issued by the delegated authority (usually a
Government Minister or committee) named within an act of parliament
which affects the workings of the original Act
STIPENDIARY MAGISTRATE
A legally qualified and salaried Magistrate - now called
a District Judge
SUB JUDICE
In the course of trial - Whilst a court case is under consideration.
Proceedings are sub-Judice and details cannot be disclosed
SUMMARY OFFENCE (see INDICTABLE, EITHER WAY OFFENCE)
A criminal offence which can only be tried by a Magistrates'
Court
SUMMING-UP
A review of the evidence and directions as to the law by
a judge immediately before a jury retires to consider its verdict
SUMMONS
Order to appear or to produce evidence to a Court
SUMMONS (JURY)
Order to attend for jury service
SUMMONS (WITNESS)
Order to appear as a witness at a hearing
SURETY
A person's undertaking to be liable for another's non-attendance
at Court
SUSPENDED SENTENCE
A custodial sentence which will not take effect unless there
is a subsequent offence within a specified period
SUSPECT
A person being investigated in relation to a particular offence or offences.
An offender or person on bail, on a Curfew Order or Home
Detention Curfew at the end of a prison sentence, has an electronic
tag. The tag, worn on the ankle or wrist, notifies monitoring services
if the offender is absent during the curfew hours.
TAXATION
An examination of a solicitor's bill in civil proceedings
by a Court to ensure that all charges against the legal aid fund are
fair and reasonable (see also PARTY AND PARTY COSTS which are also examined
by a Court)
TRIAL WINDOW
A period of time within which the case must be listed for
trial
Beyond the power - An act that falls outside or beyond the
jurisdiction of the court
A prison for young people between the ages of 15 (16 for
girls) and 21. Young offenders have to be kept separately from adolts,
and juveniles (under 18s) separate from 18-21s.
YOUTH OFFENDING TEAM (YOT)
A Youth Offending Team is made up of local representatives
from the police, Probation Service, social services, health, education,
drugs and alcohol misuse and housing officers. The YOT identifies the
needs of each young offender. It identifies the specific problems that
make the young person offend as well as measuring the risk they pose
to others. This enables the YOT to identify suitable programmes to address
the needs of the young person with the intention of preventing further
offending.