Glossary of terms

This page, part of a set of materials taken from Law in action: learning through scripted role plays, provides a glossary of words and expressions used in the scripts.

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A | B | C | D | E | F | G | H | I | J | K | L | M | N | O | P | Q | R | S | T | U | V | W | X | Y | Z

A:

Adjournment postponement of a case until a later date (to allow for the case to be prepared)
Advance disclosure the right of the defence to a summary of the case against the defendant, including copies of prosecution statements and a copy of any statement made by the defendant
Advocate a person representing or speaking on behalf of a party in proceedings (normally a lawyer)
Appeal taking of the case to a higher court to challenge the decision of the lower court. In a criminal case the appeal can be against conviction or sentence. Appeals to the Court of Appeal or House of Lords must normally be on a point of law (not fact).
Arrest taking of the defendant into custody, normally by the police, for questioning and investigation, on suspicion the of commission of a criminal offence. Conditions for arrest, detention, questioning and search are laid down by the Police and Criminal Evidence Act 1984 and Codes made under the Act.

B:

Bail (remand on) authority given by the police or (once proceedings have started) the court to a defendant for release from custody. The defendant must appear at the court on any specified date. Bail may be subject to conditions (for example, where the defendant must live or when and where the defendant can go out). It is a criminal offence to breach the terms of any bail order. If bail is refused the defendant will be remanded in custody (a police cell or prison).
Bail hostel a place where defendants can live, normally run by the Probation Service. A bail hostel place can mean the difference between the grant and refusal of bail.
Barrister a lawyer who has been through a course of education and training (normally at least five years) and has been ‘called’ as a barrister by an Inn of Court. Barristers normally specialise in court work, especially in the higher courts.
Bench collective term used to describe the magistrates or judges in a case; also refers to the table behind which magistrates and judges sit

C:

Client the word used for the person a lawyer is acting for; the ‘defendant’ is the client of the defence lawyer
Committal sending of a person, normally the defendant, to either the crown court for trial or sentence, or to prison (for example, if a fine has not been paid)
Compensation an order by the court to compensate the victim of a crime; can be made in addition to any punishment imposed
Costs an amount of money representing the expense of taking a case to court. The ‘loser’ in any case is normally asked to pay the costs of the ‘winner’. In a criminal case the defendant can be ordered to pay costs if he or she is convicted or pleads guilty. If a defendant is acquitted, costs are often awarded in his or her favour.
Court clerk the person who identifies the defendants and generally ensures that proceedings are conducted in accordance with court rules. Where the bench consists of lay magistrates the clerk plays an important role as a legal and procedural adviser. One clerk in every magistrates court complex is known as the Clerk to the Justices – this person is the chief clerk and administrative officer for the courts as a whole.
Cross examination the process by which the lawyer for one side in proceedings questions the witnesses of the other side. The purpose of cross examination is to discredit the witness (make them less believable) and/or to back up the evidence brought by witnesses for the side represented by the cross examining lawyer. If the defence cross examines the prosecution witnesses, the aim is to support the version of events contained in the defence case.
Crown court court which hears cases sent to it by the magistrates court for trial, sentence or appeal. The crown court consists of a judge and (in the case of trials) a jury.
Custody the detention of a person in a police cell or prison following a refusal of bail or the passing of a prison sentence

D:

Defence the team representing the defendant, whose job it is to advise and represent the defendant
Defendant the person accused of a crime
District judge (magistrate) a legally qualified lawyer who sits as a magistrate (formally known as a stipendiary magistrate)

E:

Evidence the ‘facts’ of the case as produced before the court, in the form of witness statements (in writing or given in person in court), documents and other items (for example a weapon). The court must decide on the evidence whether the defendant is guilty or not.
Examination in chief the questioning of a witness by the lawyer who calls that witness to give evidence. The purpose is to get the witness to give an account of his or her evidence in a way that supports that side’s case.

F:

Friend the formal term used by one lawyer to describe another, if the other is a solicitor

J:

Judge the person who controls court proceedings, including findings of guilt (the jury determines guilt in the crown court) and passing of sentences (where guilt has been established). A judge is an experienced barrister or solicitor.
Jury hears the evidence in crown court trials (and some civil cases) and determines guilt or innocence. Normally consists of 12 people selected from the electoral roll.

L:

Lawyer a generic term for a person who has obtained a qualification in law. Lawyers can be solicitors, barristers, academics, legal executives or graduates in a legal subject. Only barristers, solicitors and legal executives (in some cases) have the right to appear in court on behalf of clients.
Lay magistrate a non-legally qualified person who has been appointed to sit as a magistrate by the Lord Chancellor. Magistrates are also known as Justices of the Peace (JPs).
Learned Friend the formal term used by one advocate to describe another, if the other is a barrister

M:

Mitigation a submission made following a plea of guilty by an advocate on behalf of a defendant, to explain the reasons behind the commission of an offence and the circumstances of the offender. The purpose is to produce the most lenient and appropriate sentence possible in the circumstances.

P:

Plea the statement by the defendant of whether he or she is guilty or not
Previous record/convictions the criminal history of the defendant. The record is a formal document setting out what the defendant has been convicted of, when and by which court, and what the sentence was.
Probation officer a person appointed by the Probation Service (a government agency) with responsibility for those convicted of criminal offences. This may include making sure that the defendant carries out certain tasks (for example, carrying out work under a community sentence) or helping the defendant to address his or her criminal past. The probation officer plays an important role in proceedings by producing reports for the court on sentencing options.
Proceedings a case brought before a court
Prosecution the lawyers bringing the case on behalf of the State against the defendant (normally the Crown Prosecution Service)

R:

Re-examination the chance for an advocate to ask further questions of the witness called by him or her, following cross examination. The questions must usually be about matters raised in cross examination.
Remand in custody the detention of a defendant in a police cell or prison until the next appearance in court

S:

Sentence the punishment imposed by the court once guilt has been established Solicitor – a lawyer who has been through a course of education and training (normally at least six years) and has been admitted by the Law Society of England and Wales as a solicitor. Solicitors normally specialise in the preparatory work leading up to proceedings in the higher courts and in advocacy in the lower courts (including magistrates courts). They also do a wide range of legal work unrelated to court proceedings, such as making wills, transferring property and commercial transactions.
Submission a statement made to a court by an advocate normally requesting a certain outcome, for example bail or an adjournment
Sworn evidence evidence given under oath

T:

Theft a criminal offence committed where a person takes property belonging to another with the intention of permanently depriving that person of that property

U:

Usher the person responsible in the court for calling on the cases and carrying out any requests by the court and the advocates (for example, swearing in witnesses and passing documents to people in the court)

W:

Warrant a court order, normally for someone’s arrest or for the search or seizure of property
Witness a person who is called to give evidence in a case. Witnesses can be called by either side in the proceedings or ordered to give evidence by the court.

Y:

Your Worships the term used to address the magistrates collectively; the chair of the magistrates is normally referred to as ‘Sir’ or ‘Madam’

Last Modified: 9 December 2010