Home Page    
Bricket Wood Neighbourhood Watch Association
   
        founded 1995

(covering the whole Village)

           
Glossary of terms            

 

Site Map | History | Area Map | Advice for women | Credit Cards | Bogus callers | CCTV | Contacts | Related sites


Abduction   Taking someone away by force.
Accused   The person charged with a criminal offence.
Acquit   When a court lets a person go without any penalty. If a court decides that a person is not guilty of a crime, or the case has not been proved, it will acquit the person.
Acquittal   The court's decision that a person is innocent of the crime they were charged with.
Actual bodily harm   Hurting another person but less severely than would amount to grievous bodily harm.
Actual loss   An insurance term which means that the insured item no longer exists.
Adjourned sine die   When a court case has no date fixed for it to continue.
Adjournment   Postponing a court hearing.
Admission   One side in a case agreeing that something the other side has alleged is true.
Admonition   Reprimanding of a defendant by a judge even though the case against the defendant has been discharged (dropped).
Adverse witness   A witness who gives evidence which damages the case of the side which asked the witness to testify for them.
Advocate   Is:
  • the lawyer who speaks in court for a client; or
  • a Scottish lawyer who is the equivalent of a barrister in England and Wales.
Affidavit   A written statement which is sworn to be true by the person signing it. It is sworn before someone authorised by the court.
Affirm   To:
  • solemnly promise to tell the truth in court;
  • solemnly promise to tell the truth in an affidavit;
  • confirm a decision made by a lower court; or
  • allow a contract to continue even though it could have been cancelled because it was fundamentally breached.
Affirmation   Solemnly promising to tell the truth when giving evidence. It is an alternative to swearing an oath when the person giving evidence does not wish to.
Affray   Fighting unlawfully. It is a criminal offence.
Aggravated assault   a more serious type of assault such as one leading to actual bodily harm.
Aggravated burglary   entering premises armed with a weapon, intending to steal goods.
Aggravated damages   extra damages awarded because the defendant has caused the victim anguish, loss of self-respect or shame.
Aggravated vehicle-taking   Stealing a vehicle, driving it dangerously and as a result injuring someone or damaging property.
Aiding and abetting   Helping someone to commit a crime.
Alias   A false name.
Alibi   A claim that a person was elsewhere when a crime was committed. If someone is accused of a crime their alibi is:
  • evidence that the person was somewhere else when the crime was committed; or
  • an attempt to prove that the person was somewhere else when the crime was committed.
Alienation   Transferring the ownership of property from one person to another.
Allegation   An unproved statement declaring that something has happened.
Alternative verdict   A person being found guilty of a less serious crime than the one they were charged with. If a more serious charge has not been proved and the defendant has been found not guilty, the defendant may be found guilty of a less serious crime instead. For example, there may not be enough evidence to convict someone of a murder but there may still be enough for a manslaughter conviction.
Ambiguity   Capability of more than one meaning. When a statement's meaning is not clear because it is capable of more than one meaning, it contains an ambiguity.
Amnesty   Not punishing a person for an offence they have committed and removing details of the offence from the court's records is giving the person an amnesty.
Annual accounts   The summary of an organisation's financial transactions during the year covered by their accounts, and a 'snapshot' of the assets and liabilities at the end of the year.
Annual general meeting
(or AGM)
  The yearly meeting of the members of an organisation which must be held to meet legal conditions. The annual accounts are presented for approval at this meeting.
Antecedents   Details about the past of a defendant or a person found guilty of a crime. The information about previous crimes, background and bad behaviour is given to the court before the sentence is given.
Anton Piller order   An order by the High Court. It gives the applicant permission to search the defendant's premises for evidence, inspect it and take it away. It is intended to prevent evidence being destroyed or hidden which would be relevant to the case. (Since April 1999, this has been known as a 'search order'.)
Appellant   The person who is appealing to a court against a decision of a lower court.
Appellate jurisdiction   The authority a court has to hear an appeal against a decision made by a lower court
Applicant   The person asking a court to do something.
Arbitration   Settling a dispute by using a referee. If a dispute goes to arbitration it is settled by an independent referee. It avoids having to use the courts to settle the dispute.
Arbitrator   The independent referee who settles a dispute without the need to use the courts.
Arraignment   a procedure at the start of a trial when details of the offences are read out and the defendants are asked whether they will plead guilty or not guilty.
Arrest   To seize someone, usually because they are suspected of committing a crime, and take them into custody.
Arrestable offence   A crime for which a person may be arrested without a warrant being needed.
Arson   Setting fire to something to cause damage to it.
Articles   The clauses in a document. A company's articles set out its rules. The articles form part of the memorandum and articles of association.
Assault   When someone threatens another person with physical harm. Words on their own do not amount to assault but threatening gestures do, even if the person threatened is not touched.
Attest   To sign to witness a signature on a document.
Attorney   A person appointed to act for another person (such as when someone cannot look after their own affairs). A formal document called a power of attorney is used to appoint the attorney.

It is also the name used for a US lawyer.

Attorney General   The chief legal adviser to the Government. He or she must be a Member of Parliament (or have a seat in the House of Lords) and must be a barrister.
Audit   An independent examination of an organisation's records and financial statements (report and accounts) to make sure that:
  • the financial statements show a fair reflection of the financial position at the accounting date;
  • the income and spending is shown accurately;
  • the financial statements meet any legal conditions; and
  • the financial statements are drawn up clearly.
Auditor's report   A report and opinion, by an independent person or firm, on an organisation's financial records.
Autopsy   An examination of a dead body to find the cause of death.
Bail   To pay, or promise to pay, an amount of money so that an accused person is not put in prison before the trial. If the accused person does not appear at the trial, the court can keep the money put up for bail.
Bailee   A person or organisation looking after valuable items to keep them safe for the owner.
Bail hostel   Accommodation found for people charged with offences and released on bail, but who do not have a permanent address so that the police know where to find them.
Bailiff   An officer of the court who carries out the court's orders, such as taking a debtor's goods and selling them to get money to pay the debtor's debts. A bailiff can also personally deliver (serve) documents on people.
Bailiwick   The area over which a bailiff has jurisdiction.
Bailment   Transferring possession of goods from the owner to someone else. The ownership of the goods is not transferred. A practical example of bailment is that someone who hires a television has possession of it, but the rental company still owns the television.
Bailor   The owner of valuable items which are in the possession of another person or organisation for safekeeping.
Bar   The collective term for barristers. When a lawyer becomes a barrister, it is called 'being called to the bar'.
Battery   Using physical force on someone either intentionally or carelessly and without their agreement.
Bench   The name for the judges or magistrates in a court
Bench warrant   A warrant issued by a court for the arrest of an accused person who has failed to attend court. It is also issued when someone has committed contempt of court and can't be traced.
Bill of costs   The invoice the solicitor sends to a client giving details of any disbursements the solicitor has paid on behalf of the client, the fee the solicitor is charging and any expenses.
Bill of sale   A document which transfers ownership of goods from one person to another.
Binding effect   The fact that an agreement must be kept to by law.
Binding over   An order by a court in a criminal case. If someone has misbehaved or broken the peace, magistrates can bind them over. The magistrates can order them to pay a bond. This will be forfeited (won't be repaid) if the binding over terms are broken.
Binding precedent   following the decisions made by higher courts. Lower courts must follow the precedents set by the decisions of higher courts and this is called binding precedent.
Blackmail   Demanding payment from a person in return for not revealing something shameful about them.
Bodily harm   physical injury or pain.
Breach of the peace
(or breaking the peace)
  When harm is done to someone, or harm is threatened.
Brief   A document prepared by a solicitor which contains the instructions for the barrister to follow when acting for the solicitor in court.
Burglary   Entering a building without permission with the intention of stealing or doing damage.
Capital punishment   Punishing someone for a crime by killing them.
Careless driving   Driving a car without consideration for other people using the road.
Cartel   An agreement between businesses to restrict competition and keep prices high.
Case law   Law that is based on the results of previous court cases.
Case stated   The written statement setting out the facts of a case. It is produced by a magistrates' court when asking the High Court for an opinion on the law.
Causing death by careless
and inconsiderate driving
  An offence committed by someone who is unfit to drive because of drink or drugs, but nevertheless drives a vehicle and kills another person. The punishment for careless and inconsiderate driving is less severe than for dangerous driving.
Causing death by
dangerous driving
  A criminal offence committed by someone whose driving is dangerous and results in another person being killed. The courts consider dangerous driving to be a very serious offence.
Caution   Is:
  • a warning given by the police to a suspected criminal when the suspect is arrested;
  • a warning given by the police when they release a suspect without prosecution that, if there are any more offences committed by the suspect, the first possible offence may be taken into account; or
  • a document sent to the Land Registry by someone who may have a right over land, which demands that no dealings in the land are registered until the person with the right has been told.
Central Criminal Court   The most senior court covering the centre of London.
Certiorari   An order by the High Court that a case should be reviewed. If the High Court considers that a case heard in a lower court is flawed it may order that it be reviewed by the High Court. (This word is Latin.)
Challenge for cause   When the defence objects to a juror and says why it objects.
Challenge to a jury   When either side in a case objects to the people who have been selected to serve on the jury before they are sworn in.
Challenge to the array   When the defence objects to all the jurors.
Challenge without cause   Happens when the defence objects to a juror but does not say why.
Chambers   The offices used by barristers and the judge's private office.
Chancery Division   A section of the High Court. It deals with cases involving trusts, land, company law, patents and so on.
Charge   Means:
  • to formally accuse someone of committing a crime;
  • to use property as security for a debt (such as a mortgage); or
  • a direction given by a judge to tell the jury what they must do.
Charge sheet   The document on which a police officer records details of the accusation against a suspect.
Charging order   A court judgement which a creditor may get against the person or organisation which owes the money, giving the creditor security over the debtor's property for repayment of the debt.
Charity   An organisation set up to do good for the community, such as help poor people, educate people and protect animals. Most charities are registered with the Charity Commission.
Charity Commission   An organisation responsible for checking that charities are run properly. It also decides whether proposed charities can be placed on the register of charities.
Chattel   Any property except freehold land.
Chattels personal   The name for tangible goods (goods which can be touched) such as watches, clothes, furniture and so on.
Child abuse   Molestation or ill-treatment suffered by a child.
Circuit   Any of the six legal regions into which the United Kingdom is divided up. Each circuit has its own system to administer the courts within the circuit.
Circuit judge   A judge who presides over (is in charge of) cases in the Crown Court and county courts.
Circumstantial evidence   evidence which suggests a fact but does not prove the fact is true.
Citation   Is:
  • a summons to appear in court;
  • quoting from a completed case to support an argument; or
  • a notice sent out by someone wanting grant of probate or letters of administration, asking people to come forward if they object to it.
Citizen's arrest   An arrest by someone who is not a police officer. The offence must be being committed or have already been committed when the arrest is done.
Civil court   A court which does not hear criminal cases. It deals with people's rights such as collection of debts.
Claim   Means:
  • to apply for a right;
  • to demand a remedy; or
  • an application for something such as a right.
Claimant   The person making a claim.
Clerk to the Justices   A solicitor or barrister who helps in court by advising the magistrates.
Coercion   A defence that a crime was committed because the person accused was forced to do it.
Commissioner for oaths   A person appointed by the Lord Chancellor to administer (manage) the swearing of oaths.
Committal for sentence   Happens when magistrates have found someone guilty of a crime but they think their sentencing powers are not enough. The magistrates transfer the case to the Crown Court where a higher sentence can be imposed.
Committal for trial   When magistrates look at the evidence in a case and then send the case to be heard in the Crown Court.
Committal order   An order used to send someone to prison for contempt of court.
Committal proceedings   A hearing where magistrates work out if there is enough evidence of a serious crime to justify a trial by jury.
Common assault   When someone threatens another person with physical harm, even if they are not touched. This is a less serious type of assault (compare with aggravated assault). Threatening someone with a weapon such as a knife or gun is common assault.
Community service order   An order to do work in the community without pay. If someone has been convicted of a crime they may be given a community service order as an alternative to being sent to prison.
Concealment   Failure by one side negotiating a contract to disclose (reveal) information which the other side would need to consider when deciding whether or not to go ahead.
Conclusive evidence   Evidence which by law cannot be disputed.
Conditional discharge   A court may decide not to punish a criminal immediately for an offence and may conditionally discharge the criminal instead. If the criminal re-offends the court may impose a punishment for the original offence as well as the later ones.
Confiscation order   If someone has been convicted of a crime the court may order the person convicted to pay the court a sum of money. This is called a confiscation order.
Consecutive sentence   When someone is sentenced for different crimes and the sentences have to be served one after another.
Conspiracy   Is:
  • an agreement by two or more people to commit a crime; or
  • some people acting together and harming a third party.
Constructive   Describing something which may not be set out in the law but will nevertheless be considered to exist.
Constructive notice   Presuming something is known. The law sometimes presumes that a person knows something even though they do not.
Contempt of court   The offence of:
  • disobeying a court order;
  • abusing a judge during a court case; or
  • interfering in the administration of justice.
Contemptuous damages   Tiny damages. Sometimes, even though a case has been won, the court may consider that it should not have been brought to court and will only award tiny damages.
Contingency fee   The claimant's lawyer gets paid the fee only if the case is won by the claimant. The fee is often a proportion of the damages won.
Contributory negligence   Your own carelessness contributing to the damage done to you or your property. When someone suffers damage or injury their claim for damages may be limited if they have contributed to the harm done through their own carelessness.
Conviction   Being found guilty of a criminal offence.
Coroner   A person who investigates the cause of death when a person has suffered a sudden, violent or suspicious death.
Corpus   The name for a body (usually dead). (This word is Latin.)
Corpus delicti   Is:
  • the body of a person who has been killed unlawfully; or
  • the facts which make up an offence.(This phrase is Latin.)
Counsel   A barrister or group of barristers.
Counterclaim   Making a claim in court against someone who has already made a claim in court against you.
Counterfeit   Something that is forged or copied with the intention of deceiving.
County court   A court which deals with civil cases such as disputes over unpaid debts and negligence claims. It does not deal with criminal cases.
County court judge   A judge who presides over (is in charge of) cases in the county courts.
Court of Appeal   Acourt which hears appeals against the decisions of other courts.
Court of Protection   A court which administers (manages) the assets and affairs of people who cannot look after themselves, such as people who are mentally ill.
Criminal damage   The criminal offence of causing damage to someone else's property either recklessly or intentionally.
Criminal responsibility   When someone reaches the age when the law says they are able to commit a criminal offence they have reached the age of criminal responsibility.
Cross-examine   To question a witness for the other side in a case.
Crown Court   The court where people indicted of criminal offences are tried
Culpa   Blameworthiness or a fault. (This word is Latin.)
Curfew   a court ordering someone to stay at a named place at stated times of the day.
Customs duties   Duties which are charged on imports of goods into the UK and on some exports.
     
     

 

 

 

Site Map | History | Area Map | Advice for women | Credit Cards | Bogus callers | CCTV | Contacts | Related sites

 

email: webmaster (see: contacts)

© The Bricket Wood logos may only be used for linking to this site.

Last revised: 09 December 2003