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Glossary

ACCUSED

The person charged or the person who has allegedly committed the offence, also known as the DEFENDANT.

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ACQUITTAL

Discharge of DEFENDANT following VERDICT of not guilty.

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ACT

Law, as an act of parliament.

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AFFIRMATION

Declaration by a WITNESS that the evidence he/she is giving is the truth. An affirmation is given by witnesses who do not take a religious OATH.

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APPEAL

Application to a higher Court or authority to review a decision of a lower Court or authority.

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APPEAL COURT

The higher court to which cases are sent when either the defence or prosecution wish to challenge the result from a MAGISTRATES or CROWN COURT.

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APPELLANT

Person who makes an APPEAL.

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ARREST

Detention by a police officer.

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ATTORNEY GENERAL

Government Minister responsible for prosecutions and the CROWN PROSECUTION SERVICE.

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BAIL

Release of a DEFENDANT from custody, until his/her next appearance in Court. This may be subject to him or her agreeing to certain conditions.

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BARRISTER

A lawyer who speaks either on behalf of the DEFENDANT or the PROSECUTION in COURT.

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BENCH WARRANT

An issued by the MAGISTRATES or JUDGE for the Police to ARREST a DEFENDANT who has not turned up at court.

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BRIEF

Written instructions to a BARRISTER to appear at a hearing or trial. These instructions are prepared by a SOLICITOR and they set out the facts of the case and the laws which are relevant.

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CASE CONFERENCE

A meeting between a SOLICITOR and/or BARRISTER and their client.

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CASE NUMBER

A reference number allocated to each case by the court or other criminal justice organisation.

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CAUTION
  1. Warning, given by a Police Officer, to a person on ARREST, at interview or when being charged with an offence
  2. A formal recording of guilt, given by a Police Officer, instead of a charge
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CHAMBERS
  1. Private room, or Court where a District Judge or JUDGE may conduct certain sorts of hearings
  2. Offices used by a BARRISTER
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CHARGE

A formal accusation, usually made by the CROWN PROSECUTION SERVICE against a person.

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CIVIL

Matters concerning private rights and not offences against the state which are referred to as Criminal matters or Criminal law.

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COMMUNITY SENTENCE

General term for sentences which deal with the OFFENDER in the community rather than in prison. The most common of these is the Community Order.

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COMMUNITY ORDER

A Community Order is a sentence that can involve any combination of different types of community punishment. This can include unpaid work, paying COMPENSATION, restorative justice, drug or alcohol rehabilitation, or CURFEW.

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COMPENSATION

Sum of money to make up for or make amends for loss, breakage, hardship, inconvenience or personal inJURY caused by another.

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COMPENSATION ORDER

A court order requiring the offender to pay compensation to the victim.

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CONCURRENT SENTENCE

A direction by a Court that a number of sentences of imprisonment or community penalty shoold run at the same time.

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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.

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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.

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CONTEMPT OF COURT

An offence, punishable by imprisonment, of disobedience or wilful disregard to the judicial process.

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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.

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CORROBORATION

Evidence by one person confirming that of another or supporting evidence, for example forensic evidence (bloodstain, fibres etc) in murder cases.

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COUNSEL

A BARRISTER

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COUNT

An individual offence set out in a list of CHARGES against a person (e.g. two counts of burglary means two separate charges of burglary)

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COURT

Body with judicial powers / powers to enforce law (see also COURT ROOM).

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COURT OF APPEAL

Divided into civil and, criminal divisions and hears appeals from decisions in the High Court and County Courts and, against convictions or sentences passed by the CROWN COURT.

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COURT ROOM

The room in which cases are heard. There may be several Court Rooms in any court building or court house.

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CRIMINAL

Person who is guilty of a criminal offence.

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CRIMINAL CASES REVIEW COMMISSION

Public body responsible for investigating alleged miscarriages of justice.

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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.

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CROWN PROSECUTION SERVICE (CPS)

The CROWN PROSECUTION SERVICE decides whether there is enough evidence to take a case to court, and whether it would be in the public interest. After the decision to prosecute has been taken the CPS lawyer or SOLICITOR represents the CPS in court.

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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 the PROBATION SERVICE if the OFFENDER is absent during the curfew hours.

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CUSTODIAL SENTENCES

Sentences where the offender is locked up in a prison, Young Offender Institution or Secure Training Centre.

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DEFENDANT

Person standing trial or appearing for sentence.

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DEPARTMENT FOR CONSTITUTIONAL AFFAIRS

The department in government responsible for upholding justice, rights and democracy.

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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).

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DISTRICT JUDGE

A legally qualified person who sits in place of, or with MAGISTRATES in a MAGISTRATES' COURT.

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DOCK

Enclosure in criminal Court for the DEFENDANT on trial.

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DRUG TREATMENT AND TESTING ORDER (DTTO)

A sentence for drug users who receive treatment for their drug use and have to give regular urine tests to make sure they are not using drugs.

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EITHER-WAY OFFENCE

(see INDICTABLE OFFENCE, SUMMARY OFFENCE) An offence for which the accused may be tried by MAGISTRATES or by committal to the CROWN COURT to be tried by JURY.

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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 the PROBATION SERVICE if the offender is absent during the curfew hours.

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EXHIBIT

Item or document used as evidence during a Court trial or hearing.

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EXPERT WITNESS

Person employed to give evidence on a subject in which they are qualified or have expertise.

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FINE

A sentence of the court which involves the OFFENDER paying money to the court as punishment for their crime.

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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.

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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.

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HOME OFFICE

Government department responsible for all national issues such as crime and immigration.

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INDICTABLE OFFENCE

A criminal offence that can only be tried by the CROWN COURT. The different types of offence are classified 1, 2, 3 or 4. The most serious crimes, such as murder, are classified as class 1 offences.

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INDICTMENT

A written statement of the CHARGES against a DEFENDANT sent for trial to the CROWN COURT, this is checked and signed by an officer of the Court.

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JUDGE

An officer appointed to administer the LAW and who has authority to hear and try cases in a Court of law.

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JUDGMENT

Final decision of a COURT.

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JUDICIAL/JUDICIARY
  1. Relating to the administration of justice or to the judgment of a COURT.
  2. A judge or other officer empowered to act as a JURY.
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JUROR (see JURY)

A person who has been summoned by a Court to be a member of the JURY.

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JURY

12 members of the public selected at random who hear evidence in court and decide together whether the DEFENDANT is guilty or not guilty.

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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.

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JURISDICTION

The area and matters over which a COURT has legal authority.

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LAW

The system of rules established by the government, or by custom or practice.

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LAW LORDS

Describes the judges of the House of Lords. The House of Lords is the most important court in England and Wales.

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LAWYER

General term used to describe BARRISTERS (who usually work in the CROWN COURT and APPEAL COURT) and SOLICITORS.

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LEGAL AID

Facility for the fees and expenses of BARRISTER, SOLICITORS or other legal representatives to be paid for by the Government.

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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.

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LORD CHIEF JUSTICE

Senior judge of the Court of Appeal (Criminal Division).

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LORD JUSTICE OF APPEAL

Title given to certain judges sitting in the Court of Appeal.

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MAGISTRATE

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.

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MAGISTRATES' COURT

A Court where criminal proceedings are commenced before MAGISTRATES, or District Judges, who examine the evidence/statements and either deal with the case themselves or refer it to the CROWN COURT for trial or sentence.

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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.

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NOTIFIABLE OFFENCE

Offence deemed serious enough to be recorded by the Police. Includes most INDICTABLE and triable-EITHER-WAY offences.

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OATH (see AFFIRMATION)

A verbal promise by a person with religious beliefs to tell the truth.

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OFFENDER

Someone who has been convicted of a crime.

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ORDER

A direction/instruction by a COURT.

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PLEA

A DEFENDANT's reply to a CHARGE put to him by a COURT; ie guilty or not guilty.

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PROBATION SERVICE

The National Probation Service's work with offenders combines continuous assessment and management of risk to the public with the provision of expert supervision programmes designed to reduce re-offending.

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PROSECUTION

The conduct of criminal proceedings against a person.

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PROSECUTOR

Person who prosecutes – usually the CROWN PROSECUTION SERVICE (see PROSECUTION).

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QUEEN'S COUNSEL (QC)

BARRISTERs of at least ten years standing 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. Will be known as King's Counsel if a King assumes the throne.

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REASONABLE DOUBT

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.

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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.

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REMAND (IN CUSTODY)

The accused person (DEFENDANT) is kept in custody or placed on BAIL pending further COURT appearance(s).

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RE-OFFEND

When an OFFENDER commits a new crime after being convicted of a previous offence.

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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.

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SECURE TRAINING CENTRES (STC's)

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.

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SILK

Queens Counsel, a senior BARRISTER sometimes referred to as a leader or leading counsel (See Queens Counsel).

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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.

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STATEMENT

A written account by a WITNESS of what they know or have seen or heard.

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STIPENDIARY MAGISTRATE

A legally qualified and salaried Magistrate - now called a District Judge.

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SUMMARY OFFENCE (see INDICTABLE, EITHER WAY OFFENCE)

A criminal offence which can only be tried by a MAGISTRATES' COURT.

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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.

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SUMMONS

Order to appear or to produce evidence to a COURT.

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SUMMONS (JURY)

Order to attend for JURY service.

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SUMMONS (WITNESS)

Order to appear as a WITNESS at a hearing / trial.

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SUSPENDED SENTENCE

A prison / CUSTODIAL SENTENCE which will not take effect unless the DEFENDANT commits another crime.

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SUSPECT

A person that the Police believe may have committed a particular crime.

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TAGGING

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.

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VERDICT

The finding of guilty or not guilty by a JURY.

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WITNESS

A person who gives evidence in Court (see also EXPERT WITNESS).

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YOUNG OFFENDER INSTITUION

A prison for young people between the ages of 15 (16 for girls) and 21. Young offenders have to be kept separately from adults, and juveniles (under 18s) separate from 18-21s.

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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.

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