Terms explained.
This section lists and explains terms used in this pack. It also explains other terms that you may come across during the investigation or the court process.
Absolute discharge
The court decides to release and take no further action against an offender. The discharge will, however, appear on the offender’s criminal record.
Accused
The person charged for allegedly committing the offence.
Acquittal
The release of a defendant after a ‘not guilty’ verdict or direction.
Act
An Act of Parliament creates a new law or changes an existing law. For example, the Human Tissue Act sets the legislation about the donation and usage of human tissue.
Adjourned generally
If the hearing of a case is adjourned, it has been temporarily suspended by the court. This is usually for a short period until, for example, the next day. But sometimes a hearing can be adjourned without a date being given.
Adjudication
The judgment or decision of a court or a tribunal.
Advocate
A barrister or solicitor in a hearing before a court (representing either the defence or the prosecution).
Affirmation
A witness’s declaration confirming that the evidence they are giving is the truth. An affirmation is taken instead of the oath if the witness either has no religious belief or has religious beliefs that prevent them from taking the oath.
Ante
Same as ‘before’. Within text it refers to an earlier passage. Ante mortem Before death.
Appeal
The application to a higher court or authority for reviewing the decision of a lower court or authority.
Arrest
The lawful detention by a police officer.
Assisted person (legally)
A party who is receiving legal aid.
Bail
The release of a defendant from custody until their next appearance in court. The court can sometimes place conditions on the bail that the defendant needs to comply with.
Bar
The collective term for barristers.
Barrister
A member of the Bar. A legal professional who usually works in the Crown Court and Appeal Court. Barristers have the right to appear and speak in the higher courts, unlike solicitors who may only appear in special circumstances.
Breach
When a person fails to fulfil either the requirements of a court order or the conditions of a post-release licence.
Brief
A solicitor’s written instructions to appear at a hearing on behalf of either the defence or the prosecution. It sets out the facts of the case and any case law it relies on.
Case management
The set of processes, supporting information and actions that are required to take a case from initial creation through to completion. This includes information about the nature, handling and progress of a case.
Chambers
h 1 A private room or court that the public may not enter. This is where a district judge or judge may conduct certain sorts of hearings.,
2 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 offences again private persons – not offences against the state.
Common law
The law established by previous cases.
Compelled
Where the witness is forced to attend court.
Compensation
Sum of money to make up, or make amends, for loss, breakage, hardship, inconvenience or personal injury caused.
Compensation order
A court order requiring the offender to pay compensation to the victim.
Concurrent sentence
When the court decides that a number of sentences should run at the same time.
Conditional discharge
The release of a convicted defendant on condition that they do not reoffend within a specified period of time.
Conduct money
Money paid to a witness before the hearing as compensation for the time they spend at court.
Consecutive sentence
When the court orders a subsequent sentence to start as soon as the previous sentence expires. Can involve more than two sentences.
Contempt of court
An offence where a person disobeys or wilfully disregards the judicial process. The offence can lead to imprisonment.
Conviction
When an offender has pleaded – or been found – guilty of an offence in a court, they are said to have been convicted.
The conviction then appears on the offender’s criminal record.
Coronial
Relating to a coroner or the coroner’s office.
Corporate manslaughter
When a corporation is convicted for causing a person’s death. This is after breaching the duty of care that the corporation owes to its employees, the public or anyone else.
Corroboration
Evidence that confirms a proposition that is already supported by evidence, for example forensic evidence in murder cases (such as blood stains or fibres).
Counsel
A barrister – i.e. a legal professional who appears and speaks in court. See barrister
Count
An individual offence (or charge) that is set out in an indictment. See indictment
Courtroom
The room where cases are heard.
Courts Charter
Sets out the standards of service that anyone going to court can expect from HM Courts Service.
Criminal
Person who is guilty of a criminal offence.
Custodial sentence
A sentence where the offender is locked up in a prison, a young offender institution or a secure training centre.
Defendant
Person standing trial or appearing for sentence.
Discharge
The offender is found guilty of the offence but no further action is taken and the offender is released (discharged). The discharge can either be:
• an absolute discharge – where no further action is taken at all, or
• a conditional discharge – where no further action is taken as long as the offender does not offend again in a certain period of time.
Discontinuance
A decision by the Crown Prosecution Service not to continue with a case.
District judge
A legally qualified person who either sits in place of or with magistrates. Previously known as a stipendiary magistrate.
Divisional Court
This forms part of the Queen’s Bench Division and deals with appeals on points of law from the courts.
Dock
The enclosure for the defendant on trial in a criminal court.
Duty Prosecutor
Duty Prosecutors are Crown Prosecutors who attend police stations to give guidance and advice to investigators. They also make charging decisions.
Either-way offence
An offence where the accused may be tried by the magistrates or sent to the Crown Court to be tried by jury.
Exhibit
Item or document used as evidence during a court trial or hearing.
Expert witness
A person who is employed to give evidence on a subject that they have particular expertise in.
Familial homicide
The offence of causing or allowing the death of a child or a vulnerable adult. Familial homicide was introduced in the Domestic Violence,
Crime and Victims Act 2004, and closed a legal loophole that allowed those jointly accused of murdering a child or a vulnerable adult to escape justice by remaining silent or blaming each other.
Family
Family or family member can include anyone who has had a direct and close relationship with the victim. This will include parents, partners, siblings, children and guardians.
Please note that the relationship does not have to be biological.
High Court
A civil court which consists of three divisions:
• Queen’s Bench – civil disputes for recovery of money, including breach of contract, personal injuries, libel or slander.
• Family – concerned with matrimonial matters and proceedings relating to children, for example wardship.
• Chancery – property matters, including fraud and bankruptcy.
Indictable offence
A criminal offence that can only be tried by the Crown Court. An indictable offence is classified 1, 2, 3 or 4. Murder is a class 1 offence.
Indictment
A written statement of the charges against a defendant who has been sent for trial to the Crown Court.
The statement is signed by an officer of the court.
Judge
An officer appointed to administer the law and who has authority to hear and try cases in a court of law.
Judgment
The final decision of a court.
Judicial
Relating either to the administration of justice, or to the judgment of a court.
Judiciary
A judge, or another officer who is empowered to act as a judge.
Jurisdiction
The area and matters that a court has legal authority over.
Juror
A person who has been summoned by a court to be a member of the jury. See jury
Jury
A body of 12 people (jurors) who are sworn to try a case and then reach a verdict according to the evidence in a court.
Justice of the Peace
A lay magistrate, a 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.
Law
The system of rules established by an Act of Parliament, custom or practice.
Lawyer
General term used to describe barristers and solicitors.
Legal Aid
A fund administered by the Legal Services Commission that pays the fees and expenses of counsel, solicitors or other legal representatives for those who cannot afford it themselves.
Magistrate
A magistrate sits in a group of three magistrates, and acts as a judge in the magistrates’ court. Magistrates in England and Wales are trained volunteers.
Mitigation
The mitigation is an attempt by the defence to minimise the sentence by excusing, or partly excusing, the offence committed.
Newton Hearing (NH)
A Newton Hearing is held when a defendant admits their guilt, but disputes the prosecution’s version of events. The court then needs to determine the basis on which the defendant is to be sentenced.
Offender
Someone who has been convicted of a crime.
Offending Behaviour Programme (OBP)
A programme of work undertaken with an offender that is designed to tackle the reasons or behaviour that led to their 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 decision taken by a court.
Plea
A defendant’s reply to a charge from a court – either guilty or not guilty
Post
Same as ‘after’. Within text it refers something that can be found further on.
Precedent
A precedent case establishes principles of law that now act as an authority for future cases of a similar nature.
Pre-Sentence Report (PSR)
An impartial report that assesses the reasons for a person’s offending and proposes actions to be taken to reduce the risk of further offending.
Pre-trial review
A preliminary appointment where the magistrates or district judge considers the issues before the court and fixes the timetable for the trial.
Prosecution
The prosecution is the legal party responsible for presenting the case against the accused in a criminal trial.
Prosecutor
Person who prosecutes – usually the Crown Prosecution Service.
Question of Fact
A dispute or controversy related to the facts of the case, rather than how the law is applied.
Questions of Fact can be decided by the jury. If there is no jury, they are determined by the judge.
Question of Law
A Question of Law may arise in a court case or a criminal prosecution when there is an issue about how the law is applied.
This could relate to what the law is, how it is applied to the facts in the case, and other conflicting legal points.
To convict someone in a criminal court in the UK, the case has to be proved ‘beyond reasonable doubt’. So the Crown Prosecutor must prove that there is no doubt that the defendant committed the offence.
Remand (in custody)
The accused person is kept in custody or granted bail when waiting to appear in court.
Repatriation
Returning the deceased’s body to their country of origin.
Solicitor
Member of the legal profession who mainly advises clients and prepares their cases, and may also represent them in some courts.
Solicitors may also act as advocates before certain courts or tribunals – although in the higher courts clients are normally represented by a barrister.
Special measures
If the witness is considered vulnerable or intimidated, the court can decide that special measures may be used to improve how they give evidence.
This could be placing a screen between the witness and the defendant or letting the witness talk through a third party.
Statement
A written account that a witness makes to explain the facts and details of their experience of a crime.
Sub judice
When court proceedings are sub judice during a trial, the court case is under consideration. Details of the case cannot be disclosed to the media or public.
Summing up
A review of the evidence and directions as to the law by the judge immediately before the jury retires to consider its verdict.
Summons
A jury summons is an order to attend court for jury service. A witness summons is an order to attend court and give evidence as a witness.
Surety
A surety is when a person agrees to be responsible and financially liable if the defendant does not show up at court.
Suspect
A person being investigated in relation to a particular offence or offences.
Suspended sentence
A custodial sentence that does not take effect unless the offender commits a subsequent offence within a specified period.
Trial window
A period of time in which the case must be listed for trial.
Verdict
The finding of guilty or not guilty by the jury.
Witness
A person who gives evidence in court. See expert witness.
Organisations and professions explained.
This section lists and explains people and organisations that you may come in touch with.
Appeal Court
When the defence or the prosecution want to challenge the result from a magistrates’ court or the Crown Court, cases are sent to the Appeal Court.
Attorney General’s Office
The government office that is responsible for prosecutions and the Crown Prosecution Service (CPS). Victims or relatives of a deceased victim can appeal to this office if they think that an offender received a sentence that was too lenient.
Bereavement Advice Centre
Bereavement Advice Centre is a non-profit organisation that gives practical information and advice on the many procedures that face the bereaved after the death of someone close.
Citizens Advice, Citizens Advice Bureau
The national Citizens Advice and its local Citizens Advice Bureaux can help you resolve legal, money and other problems by providing free information and advice.
Community Legal Advice
A free and confidential advice service paid for by Legal Aid. All of their services are government funded.
Coroner, coroner’s officers
A coroner is a qualified and experienced doctor or lawyer who has been appointed by a local authority to investigate sudden, unknown, unnatural or violent deaths. The coroner will seek to establish the medical cause and the circumstances of the death.
The coroner’s staff are known as coroner’s officers. They work under the direction of the coroner and liaise with bereaved families, the emergency services, government agencies, doctors, hospitals and funeral directors.
Criminal Cases Review Commission (CCRC)
The Criminal Cases Review Commission (CCRC) is the independent public body set up to investigate possible miscarriages of justice.
The commission assesses whether convictions or sentences should be referred to the Court of Appeal.
Criminal Injuries Compensation Authority (CICA)
This authority offers compensation to bereaved relatives who have lost someone as a result of a criminal injury.
The criminal justice system
One of the biggest public services in England and Wales. It is made up of agencies such as the police, the Crown Prosecution Service, courts, prisons and probation who all work together to deliver criminal justice.
Crown Court
The Crown Court deals with all crime 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 magistrates’ courts.
Crown Prosecution Service (CPS)
The Crown Prosecution Service (CPS) is the independent government body responsible for prosecuting criminal cases investigated by the police.
The CPS decides whether there is enough evidence to take a case to court, and if it would be in the public interest. When the decision to prosecute has been taken, the Crown Prosecutor represents the CPS in court.
Crown Prosecutor
Crown Prosecutors are lawyers responsible for reviewing and potentially prosecuting criminal cases after a police investigation. They also advise the police on matters relating to criminal investigations.
In every case, the prosecutor must decide whether the evidence can be used and is reliable – and if the public interest requires a prosecution.
Although Crown Prosecutors work closely with the police, they are responsible to the Crown Prosecution Service.
Family Liaison Officer (FLO)
See Police Family Liaison Officer.
First Tier Tribunal (Mental Health)
Can order the discharge of a restricted mentally disordered patient from their treatment at a hospital.
Foreign and Commonwealth Office (FCO)
The government department that is responsible for all British embassies and high commissions, and helps any Britons abroad in an emergency.
Funeral Standards Council
A UK trade association for funeral directors offering services that follow its codes of practice.
General Register Office (GRO)
The General Register Office (GRO) is a public body responsible for registering all births, marriages and deaths in England and Wales.
Her Majesty’s Courts Service (HMCS)
Her Majesty’s Courts Service (HMCS) is the government service that administers the civil, family and criminal courts in England and Wales. This covers Crown, county and magistrates’ courts.
Her Majesty’s Revenue & Customs (HMRC)
Her Majesty’s Revenue & Customs (HMRC) is the government department responsible for collecting tax and strengthening the UK’s borders.
Home Office
The Home Office is the government department responsible for all national issues such as crime and immigration.
Human Tissue Authority
The Human Tissue Authority regulates the removal, storage, use and disposal of human bodies, organs and tissue. Their processes are set out in the Human Tissue Act 2004.
Law Society
The Law Society represents, helps, protects and promotes solicitors across England and Wales.
Legal Services Commission
The Legal Services Commission runs the Legal Aid scheme in England and Wales. They provide information, advice and legal representation to anyone who is eligible for legal support.
Magistrates’ court
The magistrates’ courts form the cornerstone of the criminal justice system as 95% of all criminal cases are completed in these courts.
Cases are usually heard by three magistrates (Justices of the Peace) and one court clerk.
National Association of Funeral Directors
A UK trade association for funeral directors offering services that follow their codes of practice.
National Society of Allied and Independent
Funeral Directors A UK trade association for funeral directors offering services that follow their codes of practice.
Natural Death Centre
The Natural Death Centre is a charity providing independent funeral advice – especially advice and support on family-organised, environmentally friendly funerals, and natural burial grounds.
National Offender Management Service (NOMS)
The National Offender Management Service (NOMS) manages the offender from start to finish.
This replaces the current system where responsibility for offenders is split between the probation and prison services.
National Probation Service
The National Probation Service’s work has two main strands:
• To continuously assess and manage the risk and dangerousness of offenders.
• To provide expert supervision programmes that are designed to reduce reoffending.
Office of Communications (Ofcom)
Ofcom is the independent regulator for the UK communications industries, with responsibilities across television, radio, telecommunications and wireless communications services.
Parole Board
The Parole Board is an independent body that works with its criminal justice partners on risk-assessing prisoners to decide whether they can be safely released from prison.
Police Family Liaison Officer (FLO)
A Police Family Liaison Officer (FLO) is a specially trained police investigator who works with the investigation team.
A bereaved family will normally have two FLOs appointed to the case so that they can be kept updated about the investigation.
Prison Service
The Prison Service is responsible for the imprisonment of those committed by the courts. Their duty is to oversee prisoners and, if released, enable them to lead law-abiding and useful lives after their release.
Probate Registry
The Probate Registry issues Grant of Representation – this gives a person the legal rights to administer a deceased person’s estate (their money or possessions).
Probation Service
See National Probation Service.
Registrar of Deaths
See General Register Office.
Senior Investigating Officer (SIO)
A senior detective – specially trained in investigating homicide cases – who leads the investigation team.
Tribunals Service
The Tribunals Service considers appeals against decisions made by the Criminal Injuries Compensation Authority (CICA). Formerly known as the Criminal Injuries Compensation Appeals Panel (CICAP).
Victim Support
A national, independent charity whose trained volunteers help people who have been affected by crime. Their services are free, confidential and available to everyone.
Victim Liaison Officer (VLO)
See Victim Liaison Unit.
Victim Liaison Unit
A Victim Liaison Unit helps bereaved families or victims who have been involved in a serious crime. Each victim or bereaved family is assigned a Victim Liaison Officer (VLO) who is able to give information about the offender’s progress through the prison system.
The VLO is also able to pass on vital information about the feelings and views of the victim, risk issues and case details.
Witness Care Unit (WCU)
The Witness Care Unit is the single point of contact for victims, witnesses and the bereaved throughout the court process. They give regular updates about the progress of their case, make any arrangements for going to court, and offer support during the court process.
Witness Service
Provides free and confidential information and support to witnesses, victims and their families in every magistrates’ and Crown court in England and Wales. The Witness Service is run by Victim Support.
Young offender institution
A prison for young people between the ages of 15 and 21 (16 to 21 for girls). In a young offender institution, juveniles – offenders under 18 – have to be kept separate from 18 to 21-year-old offenders.
Youth Offending Team (YOT)
A Youth Offending Team is made up of people from the same local authority area: representatives from the police, probation, social services, health, education, drugs and alcohol misuse and housing officers.
Their primary role is to assess youth offenders and identify suitable programmes to prevent further offending.