Jargon Buster

Absolute Discharge

A sentence of the Court which acknowledges the Defendant’s guilt of an offence but does not provide any punishment as part of the sentence.  This is rarely used and is given where the circumstances of the case suggest that the Defendant has broken the law but is not morally blameworthy  for the act or omission that has taken place.

Acquittal

The finding of a “Not Guilty” verdict by either the Magistrates, sitting in the Magistrates’ Court or a Jury sitting at The Crown Court.

Actus Reus

A Latin phrase meaning literally “the act”, a key ingredient of any criminal offence.

Appeal

A process by which Defendants in criminal cases may seek to overturn any decision made by a Lower Court.  In other words, if a Defendant feels that they have been wrongly convicted or too harshly sentenced by a Magistrates’ Court, they can apply, with appropriate legal advice from a solicitor, to have the matter re-heard at the Crown Court.

Following the same principle, if appropriate advice by a barrister is given following the conclusion of a Crown Court case, a Defendant may apply to the Court of Appeal to have the decision of the Crown Court looked at afresh.

Appropriate Adult

A person, usually a volunteer, required to attend upon either a young person or a vulnerable person in the course of their detention at the Police Station or upon their appearing at Court.  In other words, an Appropriate Adult is generally regarded as an independent person whose role it is to ensure that the young or vulnerable person is able to understand the Police investigation process or the Court proceedings.  An Appropriate Adult can be a Parent, Guardian or other relative of the Suspect or Defendant.

Bail

This refers to the period of time during which a Suspect or a Defendant is either suspected of involvement in a criminal investigation or the period between Criminal Court appearances.

Often Suspects or Defendants will be subject to unconditional bail which simply requires that they must attend back at the Police Station on a stipulated date or at Court on a future date that would be advised to them.  Frequently, however, bail can be attached with a number of conditions which the Police or the Courts feel are appropriate to ensure, for example, that witnesses in the case are not interfered with or to ensure that the Suspect or Defendant attends back at the Police Station or Court when required to do so.

Bail Hostel

A temporary place of residence for those Defendants involved in criminal proceedings who, in the absence of the availability of a Bail Hostel place, would have no other address at which to reside during the course of criminal proceedings.

Bail Hostel places are, these days, few and far between and tend to be allocated, when they do become available, to those Defendants who are, in the view of the Court, in genuine need of accommodation and where the Court needs to be satisfied that that Defendant has a reasonably stable address for the duration of the case.

Barrister

A lawyer who is trained to present cases in the Higher Courts.

Barristers are ordinarily instructed by a solicitor to present cases in the Crown Court, High Court, Court of Appeal, the House of Lords and in the European Supreme Court.

Breach of the Peace

A disturbance which calls for an offender to be arrested and produced before a Magistrates' Court.  This is not recorded as a Criminal Conviction and is regarded as a civil remedy for the matter giving rise to the complaint.  On admitting a Breach of the Peace, an offender can expect to be made subject to an Order binding him over to keep the peace and be of good behaviour, usually for 6 or 12 months on the understanding that no further Breaches of the Peace should occur in that period of time and if they do, the Magistrates' will set a recognisance fee which will be forfeited in the event of a second appearance in the bind-over period for any further Breaches of the Peace.

Community Order

A sentence of the Court which is obviously less serious for the offender than imprisonment.  A Community Order will typically require the offender to engage in a prescribed programme of activities with his local Probation Service. 

The Community Order may take the form of a Supervision Order in which the offender will be required to attend at regular meetings with their supervising Probation Officer or require the offender to engage in a programme of Unpaid Work. This used to be know as 'Community Service', and the unpaid work will be overseen by a supervising Probation Officer.

Conditional Discharge

A light sentence given by a Criminal Court to an offender.  The offender is discharged from the Court without further punishment on condition that he or she commits no further offences during the period for which the Conditional Discharge is stated to run, usually 12 to 18 months.  On conviction for a subsequent offence, the offender can expect the Court to re-sentence the offence for which the Conditional Discharge was given at the same time as sentencing for the second conviction during the period of discharge.

Conviction

The finding and recording guilt by a Criminal Court, either following a trial or following a Defendant appearing at Court and entering a Guilty plea.

Cross Examination

This is the process by which a lawyer acting for, usually, the Crown Prosecution Service or for a Defendant will have the opportunity to test the credibility of the version of events given by a witness during the trial.  Cross examination will be conducted by the opposing party once that witness has given their Evidence-in-Chief.

Crown Prosecution Service

The Government appointed body responsible for the prosecution of offenders on behalf of the Police.  Typically, in the vast majority of criminal cases, a Crown Prosecutor will appear on behalf of the Police and any alleged victims or complaints.

The Crown Prosecution Service is locally represented in every part of the country where there is a Magistrates' or Crown Court venue.  The Head of the Crown Prosecution Service in known as the Director of Public Prosecutions.

Either-Way Offences

The vast majority of criminal offences which fall into the “middle-bracket” of seriousness.  These are offences which can be heard either by the Magistrates or by a Judge and Jury at the Crown Court.

Either the Magistrates' or the Defendant decide where either-way matters will be dealt with.

If an offence is considered to be at the higher end of the seriousness scale then the Magistrates' will decline jurisdiction and order that the offence be tried in the Crown Court or, the Defendant may choose to have an either-way matter dealt with by the Crown Court.

Evidence-in-Chief

This is the part of the trial process in which a witness will be required to essentially tell a Court their version of events.  Evidence-in-Chief will be conducted with that witness by either the Crown Prosecution Service lawyer or by the lawyer acting on behalf of the Defendant, dependent on whether or not that witness is giving evidence for the prosecution or the defence.  The witness will be allowed to give their version of events to the Court largely uninterrupted.

Indictable Only Offences

This term covers those offences which are considered to be too serious to be dealt with by the Magistrates’ Court.

These are offences which can only be heard in the Crown Court.

Typically, following charge, a Defendant will face his first Court appearance in the Magistrates’ Court, following which, in an indictable only case, the Magistrates' will order that the matter be transferred to the nearest available Crown Court.

Legal Aid

This is a Government backed scheme, administered by the Legal Services Commission, to award public funding for the payments of legal costs for representation given either at the Police Station or in Court proceedings by solicitors and barristers.

In order to obtain Legal Aid, the Suspect or Defendant must demonstrate that he or she needs legal representation (this is known as the Interests of Justice Test) and that he or she is financially eligible (known as the Financial Eligibility Test) to receive public funding.

A solicitor will be able to tell you, at the beginning of any case, whether or not you would be entitled to obtain Legal Aid.

Mens Rea

A Latin phrase literally meaning the “mental knowledge” that an offender was committing a criminal act.

Mental Health Diversion Panel

A body consisting of representatives of the local Constabulary, representatives of the local Community Mental Health Council and the Crown Prosecution Service who, from time to time, are required to consider whether it is in the public interest to prosecute certain offenders either under investigation by the Police or before the Criminal Court, who may be considered to have profound mental health difficulties.

The Mental Health Diversion Panel will then make its recommendations to either the local Police or the local branch of the Crown Prosecution Service to seek to persuade them to refer the Suspect or Defendant away from the Criminal Justice System towards the Community Mental Health Team.

Modus Operandi

A Latin phrase meaning the “method” used by an offender in the course of their criminal activity.  Often referring to a unique method of committing a criminal offence by an individual offender.

Newton Hearing

This is essentially a trial that needs to heard by a Criminal Court even after a Defendant has pled guilty to the offence.  The need for a Newton Hearing, also known as a 'Trial of Issue' arises when, for example, the Defendant has entered a guilty plea to the criminal charge but on a basis that is substantially less serious than the Crown Prosecution Service have alleged. 

A Newton Hearing would be considered necessary by the Court if, for example, the Court felt that the difference between the Prosecution version of events and the Defendant’s version of events were so different that this may impact on whether or not the Court would decide to give a custodial sentence at the end of the case.

Probation Service

Otherwise known as the “National Probation Service”.  A Government funded organisation whose main purpose is the delivery of punishment and rehabilitation to those offenders sentenced by the Court.

Apart from being responsible for running the Community Orders in their locality, the Probation Service also works with imprisoned offenders to assist in their rehabilitation and resettlement at the end of their custodial sentences.

Remand in Custody

Sometimes, in criminal proceedings, the Court consider that there would be too big a risk in allowing a Defendant to remain on bail in the case.  Typically, a Court would refuse to grant bail if they were satisfied that the Defendant may commit further offences, interfere with witnesses, fail to attend at Court or otherwise obstruct justice in the course of the proceedings.  If such a finding were reached then the Defendant would be detained at a Prison until at least the next Court hearing date.

Security

The payment into Court of a sum of money or the deposit of valuables by a person other than the Defendant in criminal proceedings before the Court to act as a guarantee that the Defendant will comply with their conditions of bail by appearing back at Court on the next occasion.  In the event that the Defendant should fail to attend at Court then the cash or valuables can be forfeited from the donor.

Solicitor

A person recognised by The Law Society as a lawyer competent to handle affairs of his or her clients and present cases in the Lower Courts, e.g. the Magistrates’ Courts and County Courts. 

Since a recent change in legislation, a number of solicitors have obtained Higher Rights of Audience, allowing them to represent their clients in the Crown Court, High Court, Court of Appeal and the House of Lords.

Summary Offences

The less serious criminal offences that are punishable by a term of imprisonment of 6 months or less can only be dealt with by the Magistrates’ Courts.

Summing Up

Towards the end of a trial, a defence lawyer will have the opportunity of summarising his or her client’s case before the Magistrates' or before a Jury.  This presents an opportunity to highlight strong points of the Defendant’s case and to emphasise the weak points of the prosecution case.

Surety

A promise to the Court by someone other than the Defendant in any criminal case in which the Court has felt it appropriate to require the person entering into the surety to forfeit a sum of money in the event that the Defendant fails to appear at Court on the next hearing date.

Youth Court

Another name for the Magistrates’ Court on those occasions where the Court will be dealing with alleged offenders under the age of 18.

In the majority of cases in which young people under the age of 17 are concerned, all but the most serious grave crimes will be finalised in the Youth Court or except where the young person is co-accused with an adult offender, in which case the matters will be dealt with in either the Magistrates’ Court or the Crown Court.