Careless or inconsiderate driving :
Careless or inconsiderate driving occurs when a driver is found to be driving a motor vehicle without due care and attention or consideration for other road users. It is less of an offence than Dangerous Driving. (See Dangerous Driving.)
Causing death by dangerous driving :
Means causing death by bad or dangerous driving without the intent to kill. Formerly referred to as reckless driving and causing death by reckless driving.
Causing death by reckless driving :
Causing death by reckless driving is now known as causing death by dangerous driving (see above).
Chambers :
Chambers is the term used for the office building used by one or more barristers. It is also used to refer to the private office of a judge or registrar, where some legal proceedings take place.
Chancery Division :
The Chancery Division is a division of the High Court of Justice that concerns legal matters relating to property, companies, patents and confidentiality cases. (See High Court of Justice.)
Child abuse :
Child abuse is the term used to describe the indecent physical contact with a child carried out by a parent, guardian or adult. (See paedophile.)
Children Act :
The Children Act is an important part of government legislation that relates to the welfare and safety of minors. Part of the Act outlines the responsibilities of parents, guardians and carers across the UK.
Children's hearing :
The children's hearing is a unique legal process in Scotland that involves the family and victim of a child who has been judged to commit a criminal offence. Rather than treat the child as a criminal, a panel of trained lay people advise the family on how best to resolve the issue and help the child in question.
Circuit Judge :
A circuit judge is a judge with over ten years experience in a Crown or county court. Their role involves moving around the regional court circuit to presides over county and Crown court cases. They can also be asked to sit as High Court judges at the invitation of the Lord Chancellor.
Citizen's arrest :
A citizen's arrest is a lawful arrest made by anyone other than a police officer. And although this is not a regular occurrence - and not recommended by the authorities - is it still recognised in law.
Civil Court :
The civil court is a generic term for a court that deals with civil rather than criminal cases. In England, the County Courts and High Court deal with most civil cases, because the Magistrates' Court has limited power over civil proceedings.
Civil law :
Civil law is the part of the law that deals with matters of the state such as common law, private law and municipal law. Generally, involves the dispute over property, commercial transactions or family matters such as divorce and adoption. Civil law generally leads to some kind of compensation for the offended party, whereas criminal law looks to punish and rehabilitate the offender.
Claimant :
The claimant is the person making a claim in a lawsuit.
Common law :
Common law is the law relating to the general public in the UK. In medieval times, this law was unwritten, but referred to all matters of property and commercial law.
Community punishment :
Community punishment is a court order that requires an offender to perform unpaid work under the supervision of a probation officer. The offender must consent and be over 16 years of age, and they must carry out between 40 and 240 hours of work. It is used by the courts as a punishment - or as part of a sentence - and a breach of this order can lead to a fine and even imprisonment
Community Service :
Community service is an outdated term for community punishment. (See Community Punishment.)
Concurrent sentence :
A concurrent sentence is a prison sentence that is served alongside one or more other sentences, when the offender is convicted of more than one charge. If the sentences vary in length, the longest sentence is usually served. In some cases, a court will impose a consecutive sentence, in which the periods of imprisonment follow on from each other.
Consecutive sentence :
Consecutive sentence is the term used when a prisoner is charged with one or more offences and the sentences must be served back to back. (See Concurrent sentence)
Constructive dismissal :
A constructive dismissal happens at the end of contract of employment where the employee is legally recognised to have resigned because of a failure to meet a specific criteria of the contract. The employee is still entitled to apply for unfair dismissal at an industrial tribunal, despite the contract being terminated. (See Unfair dismissal.)
Contempt of court :
To be in contempt of court is an offence that can lead to a fine and possible imprisonment because of a lack of respect or obedience by an individual in a court of law. You can be found in contempt of court for both civil and criminal reasons, and an offence involves some kind of obstruction or interference in the legal process. You are also in contempt of court if you ignore an injunction or court order.
Conviction :
A conviction happens when an individual is found guilty of carrying out the offence that they were charged with. In criminal proceedings this can also include an acquittal on the grounds of insanity.
Copyright :
Copyright is the exclusive right to reproduce dramatic, literary, musical or artistic works. To illegally reproduce another individual's work is called piracy. Copyright for a piece of work lasts up to 70 years after the author's death - but it can be transferred to another person or organisation. Musical copyright lasts for 50 years after the recording was published or broadcast.
Coroner's Court :
The Coroner's Court is an inquest into accidental or suspicious death that is presided over by a Coroner.
Counsel :
Counsel is the collective term used for a barrister or barristers.
County Court :
County Court is the local part of the civil court system in England and Wales that deals with all minor cases of civil law. The County Courts do not exactly correspond with government county boundaries. Each court is presided over by a circuit judge and a district judge.
Court circuit :
The court circuit is a system that divides England and Wales into regional circuits, which can be easily managed by court administration. A circuit administrator and two presiding circuit judges run each circuit. The regional circuits follow the traditional grouping of Western, Midland and Oxford, South-Eastern, Welsh, Northern and North-Eastern.
Court clerk :
A court clerk is a barrister or solicitor who is appointed to assist magistrates in court. Usually with over five year's experience, the Court Clerk provides advice about legal practice and procedure, so that the justice can fully function in the court. Although the clerk sits in court in an advisory capacity, they do not assist the magistrate in deciding a verdict. (See Magistrates' Court.)
Court of Appeal :
The Court of Appeal is a vital part of the Supreme Court in England and Wales that is divided into a Civil Division and the Criminal Division. If a civil or criminal case is disputed in the High Court or Crown Court, then the accused can bring a case to appeal. Only one quarter of all cases on appeal actually get through to the Court of Appeal, and if the dispute is not resolved there, it will transfer to the House of Lords.
Court of Session :
The Court of Session is the highest civil court in Scotland, the Court of Session also carries out the role of the Court of Appeal. The Court of Session is split into the Outer and Inner House, the former carrying out the work of the High Court in England and Wales, and the latter carrying out the appeal work. Any disputed appeal cases that aren't resolved in the Court of Session are transferred to the House of Lords.
Court sittings :
The court sittings are the seasonal periods which divide up the legal calendar - Michelmas, Hilary, Easter and Trinity. During these periods all judicial business is carried out.
Criminal damage :
Criminal damage is the intentional or reckless destruction or damage of property belonging to another person without lawful excuse. This offence is punishable by up to ten years' imprisonment. For aggravated criminal damage of yours or another person's property (when a life is intentionally or recklessly threatened) then the maximum sentence is life imprisonment.
Criminal Injuries Compensation Authority (CICA) :
CICA is the organisation responsible for providing compensation to those injured as a result of certain violent crimes, in an attempt to apprehend a criminal, or when trying to prevent a crime.
Criminal law :
Criminal law is the part of the law concerned with illegal acts committed against individuals or society as a whole. Criminal law uses the power of the courts to seek punishment for these offences, and is primarily concerned with punishment, deterrence and rehabilitation.
Cross-examine :
A cross-examination occurs when a witness or other form of evidence is re-examined in court to provide more information to the testimony already heard.
Crown Counsel :
Crown Counsel - (See Queen's Counsel)
Crown Court :
The Crown Court is part of the Supreme Court in England and Wales that deals criminal cases after they have been through the Magistrates' Court. The criminal cases tried at the 90 Crown Court centres around England and Wales, are generally very serious in nature and require a judge and a jury to decide the verdict. The Crown Court also hears appeals from disputed cases that have been dealt with in the Magistrates' Court.
Crown Office :
The Crown Office is an office of the Supreme Court in England and Wales, and a shortened version of the Crown Office and Procurator Fiscal in Scotland.
Crown Office and Procurator Fiscal :
The Crown Office and Procurator Fiscal are the independent public prosecution service in Scotland that carries out many similar functions as the Crown Prosecution Service in England and Wales. The Procurator Fiscal provides the initial investigation into a case and then presents it to the Crown Office before criminal proceedings can begin.
Crown Prosecution Service :
The Crown Prosecution Service is an organisation responsible for deciding whether the police have enough evidence to bring a criminal case to court. The CPS decides who goes to court or not depending on the information presented to them. They are in place to ensure that each alleged criminal is given a fair prosecution.
CLICK HERE TO RETURN TO JARGON BUSTER
Contact Woolliscrofts on FREEPHONE 0800 083 97 87, or send us a free no obligation enquiry by e-mail.
There is no charge for an initial enquiry, and contacting us does not commit you to using our services.
A comprehensive guide to most legal terms, to help you understand what we are all about......