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| Bricket Wood Neighbourhood Watch Association | ||||||||||||||||||||||||||||||
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| 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:
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| 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:
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| 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:
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| 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. |
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| 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:
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| 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:
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| 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:
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| 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:
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| 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:
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| 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:
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| 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:
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| 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:
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| 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. | |
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Last revised: 09 December 2003