Glossary of terms
We have provide a full explanation below of terms used across the site. A searchable version is also available (requires the Adobe Flash Player.)
- Abscond
- Absolute discharge
- Absolvitor
- Accountant in Bankruptcy
- Accountant of Court
- Accused
- Acquittal
- Act and warrant
- Action
- Acts of Adjournal
- Acts of Sederunt
- Ad factum praestandum
- Ad fundandam jurisdictionem
- Ad hoc
- Ad infinitum
- Ad interim
- Ad litem
- Ad longum
- Ad valorem
- Ad vitam aut culpam
- Adjournment
- Adjudication
- Adjust
- Administration Order
- Adoption
- Admonished
- Adult
- Adult at Risk
- Advocate
- Advocate, Lord
- Advocate-depute
- Affidavit
- Aliment
- Allocated to a Roll
- Animus
- Appeal
- Appearance
- Arrestable Offence
- Arrestment
- Articles of Roup
- Assault
- Assignation
- Assize
- Assoilzie
- Auditor of Court
- Aver
- Avizandum
- Bail
- Battery
- Bind over for sentence
- Bond and Disposition in Security
- Bond of Caution
- Books of Adjournal
- Books of Council and Session
- Books of Sederunt
- Breach
- Brevitatis causa
- Care service
- Care Order
- Category A, B or C Conviction
- Caution
- Caveat
- Charge
- Circuit Court
- Cite / Citation
- Cognitionis causa tantum
- College of Justice
- Commissary
- Commissary Court
- Committal
- Community Punishment and Rehabilitation Orders (CPRO)
- Community Punishment Orders (CPO)
- Community Rehabilitation Orders (CRO)
- Community Service Order
- Compearance
- Compensation Order
- Complaint
- Conclusion
- Concurrent Sentence
- Condescendence
- Conditional Discharge
- Confirmation dative
- Confirmation nominate
- Consecutive Sentence
- Consignation
- Consistorial
- Contempt of Court
- Conviction
- Counsel
- Count
- Counter-signatory
- Courtesy
- Creditor
- Criminal Appeals / Justiciary Appeals
- Criminal
- Curator
- Curator ad litem
- Curator bonis
- Curatory / Judicial Factor Accounts
- Custody Order
- Cy Pres
- Damages
- De facto
- De fideli administratione
- De jure
- De novo
- De plano
- Debate
- Debtor
- Decern
- Decree
- Decrees in Absence
- Defences
- Defendant
- Defender
- Deposition
- Diet
- Diet deserted pro loco et tempore
- Diligence
- Direction
- Disability
- Discharge
- Discontinuance
- Dismissal
- Dispone
- District Court
- Eik to confirmation
- Entry of Judgment
- Eodem die (eo die)
- Et sequentes paginae (Et seq)
- Evidence Led
- Ex facie
- Ex officio
- Ex parte
- Ex post facto
- Ex proprio motu
- Ex tempore
- Executor dative
- Executor nominate
- Exempted question
- Exoner
- Expede Confirmation
- Extract
- Extract Decree
- Extra-judicial
- False Accounting
- Feu duty
- Fiar
- Fiat ut petitur
- Fines
- First Deliverance
- Fixed Penalty Notice (FPN)
- Formal warning for Possession of Cannabis
- Forum non conveniens
- Fund in medio
- Germane
- Guardian
- Guilty Plea
- Habili modo
- Heirs in mobilibus
- Heritable Estate/Property
- Holograph Writ
- Hospital/Guardian Order
- Ibidem (Ibid)
- Imprisonment
- In foro
- In hoc statu
- In litem
- In meditatione fugae
- In perpetuum
- In praesentia dominorum (IPD)
- In retentis
- Incapax
- Indictable Offence
- Independent Safeguarding Authority
- Indictment
- Infant
- Inhibition
- Initial Writ
- Injunction
- Inner House
- Insolvency
- Insolvency practitioner
- Instance
- Inter alia
- Inter vivos
- Interdict
- Interim
- Interlocutor
- Interlocutor (final)
- Intermediate diet
- Interrogatories
- Inventory of Deceased's Estate
- Inventory of Process
- Ipso facto
- Ipso jure
- Judgment
- Judicial Factor
- Judicial Review
- Jurisdiction
- Jury
- Jus relictae
- Jus relicti
- Justice-Clerk, Lord
- Justice-General, Lord
- Juvenile
- Lack of Time
- Legitim
- Licence
- Life rent
- Liquidation
- Loco parentis
- Loco tutoris
- Locus
- Mace
- Matrimonial home
- Mens rea
- Messengers-at-Arms
- Military convictions
- Minor
- Missive of Sale
- Mitigation
- Mora
- Mortis causa
- Motion
- Moveable Estate
- Multiplepoinding
- Mutatis mutandis
- Next of Kin
- Nobile officium
- Notes of Appeal / Stated Case
- Not proven
- Nullity
- Oath
- Ob contingentiam
- Obiter dictum
- Obtemper
- Opinion
- Order
- Ordinary Action
- Ordinary Civil
- Ordinary, Lords
- Other Relevant Information
- Outer House
- Pari passu
- Parole evidence
- Per incuriam
- Per stirpes
- Perjury
- Petition
- Petition and Complaint
- Plea
- Pleading Diet
- Plea-in-law
- Portability
- Power of Arrest
- Precedent
- Precognition
- Precognosce
- President, Lord
- Prescribed purpose
- Pro forma
- Pro indiviso
- Pro loco et tempore
- Pro non scripto
- Pro tanto
- Probation Order
- Proceeded to Evidence
- Procurator-fiscal
- Production
- Proof
- Prorogate
- Pursuer
- Quam primum
- Quantum
- Quantum valeat
- Quash
- Quasi
- Quoad ultra
- Receiver
- Recognisance
- Record
- Recoveries under Specification
- Reduce
- Register of Inhibitions and Adjudications
- Register of Sasines
- Registered body
- Remand
- Remit
- Repel
- Repone
- Reporter
- Res ipsa loquitur
- Res judicata
- Responsible body
- Residence Order
- Resident Sitting Days
- Respondent
- Retrocession
- Review
- Rolls
- Road traffic offences
- Roup
- Rubric
- Seised
- Separatim
- Sequestration
- Service of heir
- Sheriff
- Signet
- Simpliciter
- Sine die
- Sine qua non
- Sist
- Sitting Date
- Small Claim
- Solatium
- Solemn Crime
- Solemn Procedure
- Spent conviction
- Statute
- Statutory Instrument (S.I.)
- Summary
- Summary Cause
- Summary Crime
- Summons
- Superior
- Supervision orders
- Supra citatum (Sup cit)
- Surrogatum
- Suspended Sentence
- Taken into Consideration (TIC)
- Taxation
- Teinds
- Terce
- Tithe
- Trial
- Tribunal
- Trust
- Trustee in Sequestration
- Trustee
- Tutor or Tutrix
- Ultimus haeres
- Ultra vires
- Umbrella body
- Unspent conviction
- Verdict
- Vest (seised)
- Vexatious litigant
- Vitious intromission
- Volenti non fit injuria
- Volunteer
- Waiting Period
- Warrandice
- Warrant
- Warrant of Committal
- Writs
- Youth Custody
Abscond
To secretly seek to evade legal proceedings or the jurisdiction of a court usually by leaving the country (English law)
Absolute discharge
All criminal information which has a disposal of Absolute Discharge will now be issued as conviction information under the requirements of the Police Act 1997. This means that all cases disposed of at court by the issue of an Absolute Discharge Disposal will now be disclosed on all Enhanced and Standard Disclosure Certificates and will be disclosed on Basic Disclosure Certificates if the case remains unspent in terms of the Rehabilitation of Offenders Act 1974 at the time of the disclosure. This information will be disclosed irrespective of whether or not it was previously withheld from any previously issued Disclosure Certificate.
This change to the Disclosure Scotland process has been necessary to ensure that all absolute discharge disposals are treated as convictions as per the requirements of the Police Act 1997.
Absolvitor
The judgement pronounced when a court assoilzies a party. (Scots law)
Accountant in Bankruptcy
The administrative supervisor of sequestrations and personal insolvency. (Scots law)
Accountant of Court
An officer of court who supervises the conduct of judicial factors. (Scots law)
Accused
The person charged. The person who has allegedly committed the offence. (English law)
A person charged with committing a crime or offence. (Scots law)
Acquittal
Discharge of defendant following verdict or direction of not guilty (English law)
Act and warrant
The interlocutor in sequestration proceedings which confirms the appointment of the trustee (Scots law)
Action
Proceedings instituted by a person in a civil court. (Scots law)
Acts of Adjournal
Regulations as to court procedure made by the High Court of Justiciary in criminal law. (Scots law)
Acts of Sederunt
Acts passed by the Lords of Council and Session relating to civil procedure. (Scots law)
Ad factum praestandum
For the performance of a certain act. (Scots law)
Ad fundandam jurisdictionem
For the purpose of founding jurisdiction (Scots law)
Ad hoc
Referring only to a particular case or to a specified set of circumstances. (Scots law)
Ad infinitum
Without limit. (Scots law)
Ad interim
In the meantime. (Scots law)
Ad litem
For the purposes of this action only. (Scots law)
Ad longum
At length (Scots law)
Ad valorem
According to value. (Scots law)
Ad vitam aut culpam
For life or till fault. (Scots law)
Adjournment
Cannot proceed because other business takes priority on the day. Witnesses etc. inconvenienced, waiting periods affected. (Scots law)
Adjudication
An action used to take possession of heritable property, i.e. where a seller of land refuses to give a conveyance to the buyer, or as a means of taking a debtor's land to satisfy his creditor's claim for debt. (Scots law)
Adjust
To alter the written basis of an action or its defence in its early stages. (Scots law)
Administration Order
A court order appointing an administrator for a company in financial difficulties but not hopelessly insolvent. (Scots law)
Adoption
An act by which the rights and duties of the natural parents of a child are extinguished and equivalent rights and duties become vested in the adopter or adopters, to whom the child then stands in all respects as if born to them. (English law)
The statutory process whereby the parental rights and duties of natural parents are extinguished and vested in adopters. (Scots law)
Admonished
Admonished is a finding of guilt even there may be no sentence or fine imposed. It is an official court disposal and will be disclosed.
Adult
Someone who is treated by the law as no longer being a minor, having attained the age of 18 in England and Wales or 16 in Scotland (English law)
Adult at Risk
An Adult at Risk is a person aged 18 or over who receives services of a type listed at (1) and in consequence of a condition of a type listed at (2), has a disability of type listed at (3).
(1)The services are:
- Care home services
- Personal care or nursing or support to live independently at home
- Any services provided by an independent hospital, independent clinic, independent medical agency or health body
- Social care services
- Any services provided in an establishment catering for a person with learning difficulties.
(2) The conditions are:
- A learning or physical disability
- A physical or mental illness, chronic or otherwise, including addiction to alcohol or drugs
- A reduction in physical or mental capacity
(3) The disabilities are:
- A dependency upon others in the performance of, or a requirement for assistance in the performance of, basic physical functions
- Severe impairment in the ability to communicate with others
- Impairment in the ability of a person to protect themselves from assault, abuse or neglect
Advocate
A member of the Scottish Bar. (Scots law)
Advocate, Lord
A senior of the Scottish Bar who is the Government's chief legal adviser in Scottish matters with responsibilities including the prosecution of crime and the drafting of legislation for Scotland. (Scots law)
Advocate-depute
An advocate appointed by the Lord Advocate to prosecute under his directions, and paid by salary. (Scots law)
Affidavit
A signed statement made on oath. Some cases which come before the Court can be dealt with by affidavit evidence. This is basically a sworn statement which the Court has regard to and means witnesses don't have to turn up. It saves a good deal of time but can only be used in certain types of case (where there is no real dispute) as a written statement cannot be cross-examined. (Scots law)
Aliment
Support or maintenance of a spouse or child enforceable by law. (Scots law)
Allocated to a Roll
Assigned to a particular court and Judge / Sheriff (Scots law)
Animus
Will or intention (Scots law)
Appeal
Application to a higher Court or authority for review of a decision of a lower Court or authority (English law)
Appearance
The attendance by a party to legal proceedings in court either personally or by a legal representative (English law)
The formal act whereby the defender in an action intimates his intention to defend. (Scots law)
Arrestable Offence
An arrestable offence is one for which the penalty on first conviction can be at least five years imprisonment or for which the penalty is fixed by statute. In addition some offences have been declared arrestable by parliament. These include taking a vehicle without authority or driving with excess alcohol (English law)
Arrestment
Legal attachment of money or moveable property in the hands of a third party. (Scots law)
Articles of Roup
Conditions of sale by auction. (Scots law)
Assault
An unlawful attack on someone by words or deeds. Physical contact is not essential (English law)
Assignation
The transfer of a right from one party to another. (Scots law)
Assize
In Scotland this word is occasionally and formally used to mean a jury. (Scots law)
Assoilzie
Criminal - to acquit or find not guilty. Civil - to find for the defender/respondent. (Scots law)
Auditor of Court
A person charged with the duty of examining accounts. The Auditors of the Court of Session and Sheriff Courts respectively examine and are said to "tax" accounts of expenses incurred by parties in civil actions in the respective courts. (Scots law)
Aver
To state or allege. (Scots law)
Avizandum
Judgement deferred (verbal or written decision to be given later). (Scots law)
Bail
Release of a defendant from custody, until his/her next appearance in Court, subject sometimes to security being given and/or compliance with certain conditions (English law)
(i) In Admiralty proceedings the security given to obtain the release of a ship.
(ii) In criminal proceedings an arrangement for the release of an accused person pending trial or sentence formerly requiring a deposit of money subject to forfeiture but under recent statutory provisions replaced in most cases by a conditional release subject to penalties. (Scots law)
Battery
The deliberate use of unlawful force on somebody, ranging from touching them to the use of physical violence. (English law)
Bind over for sentence
An order which requires the defendant to return to Court on an unspecified date for sentence. Failure to observe this order may result in a forfeit or penalty being enforced (English law)
Bond and Disposition in Security
Mortgage secured over real (heritable) property. (Scots law)
Bond of Caution
Where the Court appoints someone to act on behalf of another (judicial factors etc.) it requires that they put up some cash (the bond) so that they will act properly. If they don't those who are disadvantaged have something there to recompense them. (Scots law)
Books of Adjournal
The books or records of the Justiciary Office. (Scots law)
Books of Council and Session
A popular title for the Registers of Deeds and Probative Writs in which, according to the directions they contain, deeds, etc., may be registered for preservation or preservation and execution. (Scots law)
Books of Sederunt
Records of the Acts of Sederunt in the Court of Session. (Scots law)
Breach
Person failing to fulfil the requirements of either a court order or the conditions of a post-release licence. (English law)
Brevitatis causa
For the sake of brevity (Scots law)
Care Order
The Care Order is available both in care proceedings in the juvenile court and in criminal proceedings if a juvenile is prosecuted and found guilty of an offence punishable in the case of an adult with imprisonment. It commits the offender to the care of the local authority who decides on the placement in a residential centre, community home, voluntary home or boarding with foster parents (English law)
Care service
A 'Care Service' is where the post holder would:
- Have regular contact with the residents of residential care homes and nursing homes
or
- Provide personal care in their own homes to persons who cannot provide it for themselves without assistance
This definition applies whether the care worker is an employee of a home or care agency or a worker supplied by an employment agency or other organisation.
Category A, B or C Conviction
See Conviction (English law)
Caution
A caution can be given when there is sufficient evidence for a conviction and it is not considered to be in the public interest to institute criminal proceeds. For a caution to be issued there must be evidence of the offender's guilt sufficient to give a realistic prospect of conviction; the offender must admit the offence; and the offender must understand the significance of a caution and give informed consent to being cautioned.
Simple Caution - A simple caution should only be given if the public interest justifies it and in accordance with Home Office guidelines. Where it is felt that such a caution is appropriate, Crown Prosecutors must inform the police so they can caution the suspect. If the caution is not administered, because the suspect refuses to accept it, a Crown Prosecutor may review the case again.
Conditional Cautions - Conditional Cautions are a new disposal introduced in the Criminal Justice Act 2003. A Conditional Caution may be appropriate where a Crown Prosecutor considers that while the public interest justifies a prosecution, the interests of the suspect, victim and community may be better served by the suspect complying with suitable conditions aimed at rehabilitation or reparation. These may include restorative processes. (English law)
Caveat
"Warning". A legal document lodged in court by a party so that no order or ruling affecting him passes in his absence or without his receiving prior notice. (Scots law)
Charge
A formal accusation against a person that a criminal offence has been committed (English law)
Circuit Court
The court held by the judges of the High Court of Justiciary when they sit other than in Edinburgh. (Scots law)
Cite / Citation
(i) To summon to court, whether of party, witness, or juror
(ii) To refer in argument to some authority such as a statute or decided case. (Scots law)
Cognitionis causa tantum
An action raised by creditor of a deceased debtor for purpose of constituting his debt against the estate. (Scots law)
College of Justice
A formal name of the Court of Session. The College of Justice includes advocates, solicitors, court staff and others, as well as the judges. (Scots law)
Commissary
Relating to establishing the succession rights and disposal of a deceased persons estate. (Scots law)
Commissary Court
The Court which grants a title to Executors or Administrators. (Scots law)
Committal
i) Committal for trial: following examination by the Magistrates of a case involving and indictable or either way offence, the procedure of directing the case to the Crown Court to be dealt with.
ii) Committal for sentence: Where the Magistrates consider that the offence justifies a sentence greater than they are empowered to impose they may commit the defendant to the Crown Court for sentence to be passed by a judge
iii) Committal Order: An order of the Court committing someone to prison. (English law)
Community Punishment and Rehabilitation Orders (CPRO)
Community Punishment Orders are a community sentence for offenders aged 16 years+, who have committed an offence punishable by imprisonment. The Order requires offenders to perform unpaid work in the community, from a minimum of 40hours to a maximum of 240. (English law)
Community Punishment Orders (CPO)
Community Punishment and Rehabilitation Orders are similar to CPOs. Offenders perform unpaid work in the community, from a minimum of 40hours to a maximum of 100, under the supervision of a probation officer for between 12 months and three years. (English law)
Community Rehabilitation Orders (CRO)
Community Rehabilitation Orders are a community sentence for offenders aged 16 years+ with a pattern of offending which could be dealt with by being in regular contact with the Probation Service. Orders range from six months to three years. Offenders attend regular meetings with a probation officer, initially once a week, tapering off towards the end of the order if progress is adequate. (English law)
Community Service Order
The Community Service Order was introduced with the primary purpose of providing a constructive alternative for those offenders who would otherwise have received a short custodial sentence. The effect of the order is intended as a penal sanction that makes serious demands on the offender, working for the benefit of the community, as a viable alternative to a custodial sentence. Work for offenders is found with local voluntary or public bodies or on projects directly organised by the Probation Service. (English law)
Compearance
The appearance of a Defender. (Scots law)
Compensation Order
The courts may, in addition to dealing with the offender in any other way, order him to pay compensation for any personal injury, loss or damage resulting from the offence or from any other offence which is taken into account. The compensation order may be combined with any other sentence or order (such as probation, conditional discharge and absolute discharge). The court may order compensation in any case where it appears appropriate, whether or not the victim has made an application. (English law)
Complaint
A document instituting summary (minor) criminal proceedings in a sheriff or district court setting out the offence charged. (Scots law)
Conclusion
The conclusion in a Court of Session summons is the statement of the precise order sought. To conclude for is to claim in this fashion. (Scots law)
Concurrent Sentence
A direction by a Court that a number of sentences of imprisonment should run at the same time (English law)
Condescendence
A printed or written statement in an action setting forth the grounds of action of the Pursuer. (Scots law)
Conditional Discharge
A discharge of a convicted defendant without sentence on condition that he/she does not re-offend within a specified period of time (English law)
Confirmation dative
The title of the Executor (Intestate - where there is no will). (Scots law)
Confirmation nominate
The title of the Executor (Testate - where there exists a will). (Scots law)
Consecutive Sentence
An order for a subsequent sentence of imprisonment to commence as soon as a previous sentence expires. Can apply to more than two sentences (English law)
Consignation
The deposit in court or with a third party under court authority of money or an article in dispute. (Scots law)
Consistorial
Relating to family matters It Is derived from consistorium, the place where the Emperor's council met. The bishops used it for their courts and thence the adjective consistorial came to be used as descriptive of the court of the commissaries and of the court of the commissaries and of the actions which were tried there. In modern use, as applied to actions, it has been narrowed down to mean actions between husband and wife or parent and child which involve status. (Scots law)
Contempt of Court
Disobedience or wilful disregard to the judicial process, or conduct that interferes or prejudices the administration of justice. (English law)
Conviction
A conviction is each finding of guilt for every (notifiable) offence considered by a criminal court for each convicted person. A finding of guilt would include a plea of guilty.
Convictions are classified by their severity into Category A, B or C. This categorisation will decide the retention policy for such conviction details. Annexe A identifies a selection of more common convictions in categories A and B, further information can be found using this link ACPO which includes full lists of all convictions (English law)
Counsel
In Scotland a member of the Faculty of Advocates practising at the Bar. (Scots law)
Count
An individual offence set out in an indictment (English law)
Counter-signatory
An individual in a registered body responsible for handling disclosure applications on behalf of the registered body.
They are authorised to countersign applications and receive the disclosure certificates.
Courtesy
The estate which the husband has for life in the real estate left by his wife. (Scots law)
Creditor
A person to whom another person (or debtor) is obliged in some monetary or other obligation. (Scots law)
Criminal Appeals / Justiciary Appeals
Criminal appeals result from summary (less serious) work. Justiciary appeals result from solemn work. (Scots law)
Criminal
Person who has been found guilty of a criminal offence (English law)
Curator
A person either entitled by law or appointed by the court or an individual to administer the estate of another, as of a young or insane person. Commonly mispronounced curator. (Scots law)
Curator ad litem
A person appointed by the court to look after the interests of a party to proceedings who is under legal disability but has no guardian. (Scots law)
Curator bonis
The person appointed by the court to manage the estate of a young person in place of his legal guardian or to manage the estate of an adult suffering from mental or less commonly, bodily infirmity. (Scots law)
Curatory / Judicial Factor Accounts
Where people are too young, or infirm, to look after their own (financial) affairs they have someone appointed to do so (a curator or judicial factor). These appointments are made by the Court and those appointed have to account for their intermission on the estate of the 'incapax' (Scots law)
Custody Order
Now known as a "Residence Order" (Scots law)
Cy Pres
Approximation: as near as possible (Scots law)
Damages
An amount of money claimed as compensation for physical/material loss, e.g. personal injury, breach of contract (English law)
De facto
According to the fact: in point of fact. (Scots law)
De fideli administratione
Of faithful administration (This phrase is used to describe an oath perhaps to a translator for a witness). (Scots law)
De jure
According to law, or in point of law. (Scots law)
De novo
Of new (Scots law)
De plano
Immediately, summarily, without attention to forms. (Scots law)
Debate
Intermediate step in procedure which can result in the conclusion of a civil case prior to proof proceeding. (Scots law)
Debtor
A person obliged to pay some monetary or other obligation to another (the creditor). (Scots law)
Decern
An extremely formal verb meaning to give final decree or judgement, formerly but no longer necessary to warrant the issue of extract (copy of) the judgement. (Scots law)
Decree
The common term for a final judgement. Thus decree arbitral, the decision of an arbiter; decree conform, a decree given by the Court of Session in aid of a lower court to enable diligence to be done. (Scots law)
Decrees in Absence
Applications to the court dealt with by the Sheriff in his chambers in the "absence" of opposition thereto, (Scots law)
Defences
The statement by way of defence lodged by the defender being the party against whom a civil action is brought. The plural signifies, presumably, that the defender may rely on more legal answers than one. (Scots law)
Defendant
Person standing trial or appearing for sentence (English law)
Defender
A person who disputes the claim of the pursuer and lodges defences. (Scots law)
Deposition
A statement of evidence written down and sworn on oath, or by affirmation (English law)
Diet
The date for hearing of a case for any one of a variety of purposes, fixed by the court. (Scots law)
Diet deserted pro loco et tempore
A sitting abandoned for another time and place. (Scots law)
Diligence
Execution against debtors; also a process for procuring the recovery of writings from an opponent or third party or for obtaining the evidence of witnesses before a commissioner. (Scots law)
Direction
Court Order laying down procedural steps to be taken (English law)
Disability
The inability of a person to handle their own affairs (e.g. through mental illness or a minor under 18 years of age) which prevents involvement in civil legal proceedings without representation (English law)
Discharge
Release (Scots law)
Discontinuance
Notice given by the Court, on instruction by the claimant, that they no longer wish to proceed with the case (English law)
Dismissal
To make order or decision that a case be ceased (English law)
Dispone
To grant transfer or alienate - applied usually to heritage. (Scots law)
District Court
The court in each district or island area dealing with the most minor criminal offences and replacing the burgh or magistrates courts as existing before the local government reorganisation in 1975. (Scots law)
Eik to confirmation
Title of Executor to additional estate (Scots law)
Entry of Judgment
Decision of the Court in favour of one or other of the parties (English law)
Eodem die (eo die)
The same day. (Scots law)
Et sequentes paginae (Et seq)
And following pages. (Scots law)
Evidence Led
When a trial (either summary or solemn) calls in Court it will either - (a) Proceed (evidence will be led by the Crown and the Defence); (b) Evidence will be partly led and the trial continued to another date; (c) The trial may be adjourned to another date for some reason (with no evidence led); or (d) it may be disposed of either the Crown no longer proceeds or a plea to the charge is accepted. (Scots law)
Ex facie
On the face of it; evidently (Scots law)
Ex officio
As holder of a particular office or appointment. (Scots law)
Ex parte
Proceedings are ex parte when the party against whom they are brought is not heard, e.g. in interdict proceedings an interim interdict may be granted ex parte. (Scots law)
Ex post facto
From something done afterwards. (Scots law)
Ex proprio motu
In the court's or judge's own initiative. (Scots law)
Ex tempore
At the time. e.g. an ex tempore judgement -given there and then. (Scots law)
Executor dative
Executor appointed by the Court. (Scots law)
Executor nominate
Executor named in a Will. (Scots law)
Exempted question
A question which employers are not normally allowed to ask in relation to a person's criminal conviction history.
Under the terms of the Rehabilitation of Offenders Act 1974 (ROA), offenders become rehabilitated after varying periods of time and their conviction(s) deemed 'spent', depending on the sentence imposed and whether they have re-offended. Generally speaking, the Act provides that a spent conviction need not normally be disclosed when a person is asked about his previous record, and a rehabilitated person cannot be prejudiced if the spent conviction later comes to light.
However, the Act recognises that there are some situations where information about spent convictions ought to remain available. The Act allows spent convictions to be disclosed in certain circumstances. These exceptions include instances where people are applying for positions involving contact with children and other vulnerable people.
An exempted question may only be asked in relation to professions excluded or exempted by virtue of the various ROA exclusions and exceptions orders.
Find out more about excluded or exempted professions
Find out more about the Rehabilitation of Offenders Act 1974
Exoner
To discharge of liability. Thus a judicial factor may seek exoneration and discharge at the hands of the court. (Scots law)
Expede Confirmation
To lodge the necessary documents in court and to obtain a Grant of Confirmation in favour of an Executor of Administrator (Scots law)
Extract
A written instrument singed by the proper officer, containing a statement of a decree and if necessary, a warrant to charge the debtor and to execute all competent diligence against person or property. To extract is to procure this instrument. (Scots law)
Extract Decree
Each step of an Ordinary Action (one Copy Interlocutor other than a summary cause or small claim) is recorded in an interlocutor. It is a short summary of what has happened to the case each time it comes before the Sheriff. A copy of the interlocutor is enough in some instances to carry out the order of the Court (what the Sheriff had decided). An extract decree is required where an interlocutor would not do and a more formal document is required. (Scots law)
Extra-judicial
The word today occurs perhaps most often in the expression extra-judicial expenses, meaning expenses incurred out with the normal course of judicial proceedings and as such not normally recoverable by a successful party from his opponent. (Scots law)
False Accounting
Providing dishonestly, information which is misleading or deceptive with a view to cause loss to another, or the destruction concealment or falsification of information relating to a financial account (English law)
Feu duty
Perpetual ground rent. (Scots law)
Fiar
The person entitled to the fee of say Land or Securities which may be life rented by another. (Scots law)
Fiat ut petitur
Let it be done as prayed for. (Scots law)
Fines
Every criminal offence, except murder, is punishable by a fine and for many of the less serious offences, a fine is the only penalty prescribed by law. Fines are by far the most frequently used power available to the Court. A fine is a principal not ancillary sentence and may not be used in conjunction with an order for absolute or conditional discharge, probation or Community Punishment Order. A Magistrates Court is required to take into account what it knows of an offender's means in fixing the level of a fine. Where a juvenile offender is ordered to pay a fine, damages, compensation or costs the court may - and must if the offender is under the age of 14 - order the sum to be paid by the parent or guardian. (English law)
First Deliverance
First order in proceedings. Term normally used for liquidations, sequestrations and other civil matters (Scots law)
Fixed Penalty Notice (FPN)
FPNs, including the Penalty Notices for Disorder (PND) scheme, have been introduced as a means of dealing with low-level, anti-social and nuisance offending, which does not require a court hearing. Once a penalty notice has been issued, the recipient must either pay the amount shown on the notice or request a court hearing. This must be done within 21 days of the date of issue. Payment of the penalty by the recipient discharges their liability to conviction of the offence for which the notice is issued. Payment involves no admission of guilt and removes both the liability to conviction and a record of criminal conviction. (English law)
Formal warning for Possession of Cannabis
A formal (street) warning for the possession of cannabis (English law)
Forum non conveniens
Being applied to a court which although having jurisdiction is not the appropriate court for the matter in issue. (Scots law)
Fund in medio
The property or money in the hands of the holder of the fund in an action of multiplepoinding. (Scots law)
Germane
Of full blood; born or deceased of the same father and mother. (Scots law)
Guardian
A person appointed to safeguard/protect/manage the interests of a child or person under mental disability (English law)
Guilty Plea
A case in which all defendants either plead guilty to all counts (or acceptable alternative counts) or plead guilty o some counts and not guilty to others and a jury is not sworn. The conviction, even where a defendant pleads guilty is not confirmed until sentence is set by the court (English law)
Habili modo
In the manner competent. (Scots law)
Heirs in mobilibus
Nearest heirs including representatives of predecessors entitled to succeed to moveable estate as opposed to heritage. (Scots law)
Heritable Estate/Property
The term for property in the form of land and houses. (Scots law)
Holograph Writ
A deed or writing written entirely by the grantor. Where printed or otherwise mechanically produced or written by another the grantor may "adopt as Holograph" which has the same effect as if wholly written by the grantor. (Scots law)
Hospital/Guardian Order
Hospital and Guardianship orders enable a juvenile court, where a juvenile is prosecuted and found guilty of an offence punishable in the case of an adult with imprisonment, to remand the offender in custody or on bail for medical examination and assessment under the Mental Health Act 1959.
If a person, over 16, has a mental disorder, a court can appoint a Guardian for them under Section 37 of the Mental Health Act 1983. This can only happen be done if it necessary for the person's welfare or for the protection of others. This arrangement is known as a Guardianship Order. The Guardian has powers and responsibilities to make decisions on behalf of and for the benefit of the person lacking mental capacity. (English law)
Ibidem (Ibid)
In the same place (Scots law)
Imprisonment
The power of the Courts to pass sentences of imprisonment and the maximum for each offence is specified by law. Where an offence is dealt with by the Crown Court, the maximum term of imprisonment that may be imposed is, in nearly all cases, higher than that available to Magistrates' Court. (English law)
In foro
As applied to a decree of the court signifies that it has been granted against a party for whom defences or answers have been lodged, as opposed to decree in absence. (Scots law)
In hoc statu
For the time being, at this stage. (Scots law)
In litem
In the case or action. (Scots law)
In meditatione fugae
About to leave the country. (Scots law)
In perpetuum
Forever (Scots law)
In praesentia dominorum (IPD)
In the presence of the Lords (usually seen as the abbreviation I.P.D. after the signature of the chairman of the Appeal Court). (Scots law)
In retentis
Evidence taken to lie in retentis - to be laid aside until the proper time arrives for adducing it (Scots law)
Incapax
As applied to a person, signifies legal, mental, or physical incapacity. (Scots law)
Independent Safeguarding Authority
The Independent Safeguarding Authority (ISA) is an important initiative flowing from the Bichard Programme. Work to build the ISA is being led by the Home Office and DfES in partnership. It will create a system to continuously monitor those who are working with children and vulnerable adults and will strengthen significantly the protections offered to vulnerable people. You can learn more about the Independent Safeguarding Authority at The Department for Children, Schools and Families. Disclosure Scotland will be the gateway for people in Scotland who wish to enter the Scottish version of the scheme.
Indictable Offence
Offences for which an adult defendant must be tried by the Crown Court, e.g. robbery, arson, and rape. The different types of offence are classified 1, 2, 3 or 4. Murder is a class 1 offence (English law)
Indictment
An accusation of crime running in the name of the Lord Advocate, tried by a jury in serious cases in the High Court or sheriff court.
A document setting out the charge(s) against the accused in more serious crimes (known as - Solemn Crime). For less serious crimes, see - Summary Crime. (Scots law)
Infant
Also known as a minor: A person under 18 years of age in England and Wales or under 16 years of age in Scotland, which prevents them from acting on their own behalf in legal proceedings (English law)
Inhibition
A writ which prohibits a debtor from burdening his heritage or parting with it to the detriment of the inhibiting creditor. (Scots law)
Initial Writ
The document by which civil proceedings in the sheriff court are normally initiated the corresponding document in the Court of Session being the summons. (Scots law)
Injunction
An equitable remedy in the form of a court order compelling a party to do or refrain from doing a specified act (English law)
Inner House
The two appellate divisions of the Court of Session, so-called originally on the simple topographical ground that their courts lay further from the entrance to the courthouse than did the Outer House. (Scots law)
Insolvency
The state of being unable to pay one's debts. (Scots law)
Insolvency practitioner
A person, usually an accountant or solicitor, qualified in terms of the Insolvency Act 1986 to act as liquidator or supervisor in relation to a company or as trustee or supervisor in relation to an individual. (Scots law)
Instance
The part of a summons or writ in which the parties to the action are identified. (Scots law)
Inter alia
Among other things. (Scots law)
Inter vivos
Between living persons. (Scots law)
Interdict
The judicial prohibition issued by the Court of Session or Sheriff Court comparable with the English injunction In an emergency, interim interdict can be obtained ex parte. A court order sought to prevent a particular action being carried out. (Scots law)
Interim
As applied to the ruling of a court, temporary or partial, e.g. in matters of interdict. (Scots law)
Interlocutor
An injunction or order of court made during the course of an action. (Scots law)
Interlocutor (final)
Final decision of the action. (Scots law)
Intermediate diet
Mandatory step in criminal proceedings which allows the court to check whether the case is likely to proceed on the trial diet assigned. Potential to free up space in the diary, helps to reduce waiting periods. To minimise inconvenience to witnesses etc. (Scots law)
Interrogatories
Written questions adjusted by the court, to be put to witnesses examined under a commission. (Scots law)
Inventory of Deceased's Estate
List of deceased estate. (Scots law)
Inventory of Process
A list of the documents in a court process (Scots law)
Ipso facto
By that very fact (Scots law)
Ipso jure
By the law itself (Scots law)
Judgment
Final decision of a Court, a monetary judgment requires the payment of a sum of money by one party to another (English law)
Judicial Factor
Usually a solicitor or accountant appointed by the court in specific matters. (Scots law)
Judicial Review
A remedy whereby the Court of Session may review and if necessary rectify the decision of inferior courts, tribunals and other public officers and authorities where no other form of appeal is available. (Scots law)
Jurisdiction
(i) In international law the power of the state to enact and enforce legislation.
(ii) In national systems the power of a court to entertain particular cases as determined by factors such as location or district or the value or type of the case. (Scots law)
Jury
A group of lay persons chosen to decide upon issues of fact in legal proceedings. (Scots law)
Jus relictae
The right of a widow (one half or one third as the case may be) in her deceased husband's personal estate. (Scots law)
Jus relicti
The right of a widower (one half or one third as the case may be) in his deceased wife's personal estate. (Scots law)
Justice-Clerk, Lord
The second in dignity of the Scottish judges, who presides over the Second Division of the Court of Session. (Scots law)
Justice-General, Lord
The highest criminal judge in Scotland. The position is, in modern times, held by the Lord President. (Scots law)
Juvenile
Person under 17 years of age (English law)
Lack of Time
This occurs when a case is down for trial or proof etc. (Scots law)
Legitim
The legal share (one half or one third as the case may be) of a parent's free moveable estate due on death to the children. (Scots law)
Licence
If an offender is released from prison under licence, they are placed under the care of the Probation Service. Certain conditions are attached to the release. Breach of these conditions will result in the offender being returned to prison. (English law)
Life rent
An estate for life as opposed to the fee. Legal liferents are Terce (dower) and Courtesy. (Scots law)
Liquidation
The procedure for winding up and dissolving a corporate body such as a limited company, the person appointed to ingather assets and adjust and settle claims being called the liquidator. (Scots law)
Loco parentis
In place of a parent. (Scots law)
Loco tutoris
In the place of a tutor. (Scots law)
Locus
Place (Scots law)
Mace
An ornamental staff of authority borne by a macer before a judge of the Court of Session or High Court of Justiciary and displayed in his court while it is sitting. (Scots law)
Matrimonial home
Any structure provided by one or both spouses and forming a family residence. (Scots law)
Mens rea
Guilty purpose. (Scots law)
Messengers-at-Arms
Formerly called Officers-at-Arms, are officers appointed by the Lord Lyon King of Arms, whose function is to execute civil and criminal process of the Court of Session and High Court of Justiciary. (Scots law)
Military convictions
If a military conviction is recorded on the criminal history systems, it will be disclosed.
Minor
Someone below 18 years of age in England and Wales or below 16 in Scotland, and unable to sue or be sued without representation, other than for wages. (English law)
Missive of Sale
Agreement setting forth terms of sale. (Scots law)
Mitigation
Reasons submitted on behalf of a guilty party in order to excuse or partly excuse the offence committed in an attempt to minimise the sentence (English law)
Mora
Undue delay (Scots law)
Mortis causa
Deeds made in contemplation of death. (Scots law)
Motion
An application made in court for some subsidiary purpose during the course of an action. (Scots law)
Moveable Estate
Personal estate (Scots law)
Multiplepoinding
An action to determine the rights of parties to a fund in dispute and to release the holder of the fund from any claim for repetition. (Scots law)
Mutatis mutandis
With the necessary alterations, e.g. in a document or clause applying to various circumstances. (Scots law)
Next of Kin
Survivors of a class nearest in degree including representatives or predeceasers in that class. (Scots law)
Nobile officium
The noble office or duty of the Court of Session; an equitable jurisdiction in virtue of which the court may, within limits, mitigate the strictness of the common law and provide a legal remedy where none exists. (Scots law)
Not proven
Not proven is not disclosed.
Notes of Appeal / Stated Case
When someone wishes to appeal from the Sheriff Court to the High Court, they do so by either method. If they wish to appeal against sentence only (i.e. the severity) they appeal by note of appeal. If they wish to appeal against conviction and/or sentence they appeal by stated case. (Scots law)
Nullity
Non existent of lacking legal force as applied to acts or writings which are null and void: also applies to a marriage affected by an inherent defect such as existence of a prior marriage or relationship within a prohibited degree. (Scots law)
Oath
In court proceedings the undertaking by a witness to give truthful evidence, the alternative for a witness having no religious belief being affirmation. (Scots law)
Ob contingentiam
On account of connection or similarity (Scots law)
Obiter dictum
Opinion given incidentally (Scots law)
Obtemper
To obey, usually of the decree or order of a court. (Scots law)
Opinion
A statement by a court or judge of reasons for the decision in a case. (Scots law)
Order
A direction by a Court (English law)
Ordinary Action
All civil actions which because of their value or complexity are started as this. The case is detailed in an ordinary writ. (Scots law)
Ordinary Civil
Civil proceedings as above (wider ranging, including divorce etc.). Monetary claim £1500 and above. (Scots law)
Ordinary, Lords
The judges who try cases at first instance in the Court of Session. (Scots law)
Other Relevant Information
Other Relevant Information or 'soft intelligence' is any information held by the police which does not relate to a conviction, but which may be relevant to an Enhanced Disclosure.
Outer House
The part of the Court of Session which exercises a first instance jurisdiction. Cf. Inner House. The Supreme Court is split into these two Houses. The Judges in the Outer House deal with 'first instance' (new work) which has not been before a 'Court' but may have been before a tribunal or panel. See also - Inner House. (Scots law)
Pari passu
To share and share alike or ranking equally, e.g. in the case of claims or security rights. (Scots law)
Parole evidence
Oral evidence of witnesses, as contrasted with documentary evidence. (Scots law)
Per incuriam
Through negligence, mistake or error. (Scots law)
Per stirpes
By descent, i.e. through parent and not in own right. (Where per stirpes the share which would have fallen to the predeceasing parent if alive is divided equally among his children). (Scots law)
Perjury
The crime committed by a witness in court proceedings involving the affirmation of a deliberate falsehood on oath or on an affirmation equivalent to oath. (Scots law)
Petition
A document by which court proceedings are initiated - like a summons but used for specific types of case. Can have various meanings. An indictment originally calls as a petition until the Crown are in a position to indict the accused on the charges. In civil business the term also relates to certain types of applications to the court. (Scots law)
Petition and Complaint
The procedure in the Court of Session where the remedy sought is a punishment for failure to obtemper a decree. (Scots law)
Plea
A defendant's reply to a charge put to him by a court; i.e. guilty or not guilty (English law)
Pleading Diet
Date assigned for case to call and for plea to be given i.e. guilty, not guilty, insane etc. (Scots law)
Plea-in-law
A short proposition at the end of a written case showing exactly the remedy sought and why. (Scots law)
Portability - Re-use of a Disclosure Certificate
Disclosure Scotland provides an Explanatory Guide to those who may use the Disclosure service. The Explanatory Guide is designed to expand upon The Code of Practice published by the Scottish Ministers under Section 122 of the Police Act 1997.
The Explanatory Guide states that:-
"Disclosures carry no pre-determined period of validity or absolute guarantee of accuracy. Standard and Enhanced Disclosures will be position specific and considered valid only at the time of their issue. The Code of Practice prescribes that Disclosure information must not be used for purposes other than those for which it has been provided. It is recommended that a new Disclosure be sought for each new recruit or when someone is moving to another post.”
Power of Arrest
An order attached to some injunctions to allow the police to arrest a person who has broken the terms of the order (English law)
Precedent
(i) The decision of a court regarded as a source of law or authority in the decision of a later case.
(ii) A form of deed or writ regarded as basically satisfactory and accordingly suitable for use or adoption in legal practice. (Scots law)
Precognition
Preliminary statement by a witness. (Scots law)
Precognosce
To take a precognition. (Scots law)
Prescribed purpose
A position which needs an enhanced disclosure.
President, Lord
The highest civil Judge in Scotland who presides over the First Division of the Court of Session. (Scots law)
Pro forma
A document used as a form or style. (Scots law)
Pro indiviso
In an undivided state, usually in relation to property held by several persons. (Scots law)
Pro loco et tempore
Without place and time. (Scots law)
Pro non scripto
As not written. (Scots law)
Pro tanto
For so much (Scots law)
Probation Order
Also called a Supervision Order. The aim of a probation order is to leave the offender at liberty in the community but subject to certain conditions regarding their way of life. The order requires the offender to be under the supervision of a probation officer for a specified period of not less than 6 months nor more than 3 years. The court has discretion to include any further requirements that it considers of the case to secure the good conduct of the offender or to prevent them from committing further offences. (English law)
Proceeded to Evidence
Similar to evidence led but in a civil proof. (Scots law)
Procurator-fiscal
Literally, the procurator for the fiscal or treasury; now the style of the public prosecutor in the sheriff court. (Scots law)
Production
An article produced as evidence in court. (Scots law)
Proof
In addition to its general meaning, this word has the formal sense of the determination of a case by a judge alone after hearing the facts (the evidence). Where evidence is heard on the facts before questions of law are determined, there is said to be a proof before answer. (Scots law)
Prorogate
Continue or extend (Scots law)
Pursuer
The person suing in an action. The English equivalent is plaintiff. (Scots law)
Quam primum
Forthwith or as soon as possible. (Scots law)
Quantum
An amount fixed or specified in money as in a claim for damages. (Scots law)
Quantum valeat
For as much as it is worth. (Scots law)
Quash
To annul; i.e. to declare no longer valid (English law)
Quasi
As if, as though. (Scots law)
Quoad ultra
As regards everything else. (Scots law)
Receiver
A person appointed to enforce the rights and remedies of the holders of a floating charge over the assets of a company which is in default in relation to the claim or debt which the charge secures. (Scots law)
Recognisance
An undertaking before the Court by which a person agrees to comply with a certain condition, e.g. keep the peace/appear in court. A sum of money is normally pledged to ensure compliance (English law)
Record
The statements of their respective claims and answers by parties to an action, lodged in court; when finally adjusted it is closed by order of the court and becomes the closed record; up to then it is the open record. When used in this sense the words bears the accent on the second syllable. (Scots law)
Recoveries under Specification
Where documents etc. (productions) are likely to be used to prove a case, they sometimes require the Court to grant authority to receive them from a third party e.g. x-rays from a hospital. (Scots law)
Reduce
To annul or set aside by legal process. (Scots law)
Register of Inhibitions and Adjudications
The Register of Notices of personal diligence which affect the voluntary conveyance of real property. (Scots law)
Register of Sasines
The Register of Titles to land and heritable property in Scotland. (Scots law)
Registered body
An organisation which has registered with Disclosure Scotland to apply for and receive Standard and Enhanced disclosures.
Remand
To order an accused person to be kept in custody or placed on bail pending a further Court appearance (English law)
Remit
The transfer of some matter by one judge to another, but more often by a judge to a person named as, e.g. to an expert "a man of skill", in order that the latter may inquire and report. (Scots law)
Repel
A Scottish court does not overrule a plea or an objection, it repels it. The opposite is to sustain (or uphold). (Scots law)
Repone
To repone a defender is to restore him to his position as a litigant when decree in absence has been given against him. Also competent in, e.g. case of failure to lodge documents in appeal to Court of Session. (Scots law)
Reporter
A person appointed to hold a public inquiry; also applied to professional persons, lawyers or others, to whom the court may remit some aspect of a case for investigation or advice; to the officers responsible for bringing cases before children's panels; also to those who prepare and compile the published reports of cases decided by the courts. (Scots law)
Res ipsa loquitur
The thing done or the transaction speaks for itself. (Scots law)
Res judicata
A question decided by competent legal proceedings, which cannot again be raised. (Scots law)
Residence Order
A formal order by a court in relation to whom the child of a relationship should be with. (Scots law)
Resident Sitting Days
The resident refers to the resident Sheriff at that Court as opposed to a Sheriff sitting temporarily- i.e. the solicitor used as Temporary Sheriff and arranged by Operations and Policy Unit. (Scots law)
Respondent
The party in a civil action defending on appeal. (Scots law)
Responsible body
An organisation which has enrolled with Disclosure Scotland to apply for and receive Basic disclosures.
Retrocession
Reconveyance of a right to him who gave it (Scots law)
Review
Revision by a higher court on appeal. (Scots law)
Road traffic offences
Convictions recorded on the Criminal History System (CHS) and the Police National Computer (PNC) are disclosed. Road traffic offences have been recorded on PNC since 1993 and on CHS since 2001. Offences dealt with by payment of a fixed penalty or penalty points, and not resulting in a conviction, will not be disclosed.
Rolls
Official lists of cases as set down for hearing. Thus, in the Outer House of the Court of Session there is a motion roll; a procedure roll, of cases in which preliminary pleas are to be decided; and the summary roll of cases in the inner house which call for hearing. The single bills is also a roll of the Inner House, being that in which motions are entered for hearing. (Scots law)
Roup
Public auction. (Scots law)
Rubric
A chapter heading. (Scots law)
Seised
See Vest. (Scots law)
Separatim
Apart from anything already advanced or pleaded. (Scots law)
Sequestration
To render bankrupt. Strictly, it is a person's estate which is sequestrated or set aside for the use of his creditors. To sequestrate for rent is to take the furniture, etc., on leased premises to satisfy a claim for rent. Sequestration therefore means a process of bankruptcy, except where qualified by the words "for rent". (Scots law)
Service of heir
The Court process by which an heir proves and acquires a right or title to real estate of an ancestor. (Scots law)
Sheriff
A qualified person who sits in judgement. In the sheriff court (there are 49 sheriff courts) in Scotland. (Scots law)
Signet
The Seal of the Court of Session and a sign of its authority. It is applied to a summons as authority to serve the summons on the defender. (Scots law)
Simpliciter
Simply or naturally or simply abandoned (Scots law)
Sine die
No day fixed. (Scots law)
Sine qua non
Without whom nothing can be effectually done. (Scots law)
Sist
(i) To stay or stop process;
(ii) To summon or call as a party. (Scots law)
Sitting Date
The number of possible days the Court could have sat to deal with various types of business i.e. civil sitting days, criminal sitting days. (Scots law)
Small Claim
Civil proceedings for payment, delivery, repossession, implement of obligation (monetary claim not exceeding £750). This type of simplified action was devised to allow the layman to conduct the case without the need for employing a solicitor. (Scots law)
Solatium
Extra damages allowed in certain cases in addition to actual loss - for injury to feelings. (Scots law)
Solemn Crime
Serious criminal offence(s). Proceedings commence by way of a petition and may proceed to an indictment. Maximum penalties on indictment -5 years imprisonment, unlimited fine. (Common law). Statute may direct higher penalties for certain statutory offences. For less serious crimes, see - Summary Crime. (Scots law)
Solemn Procedure
The procedure under which a person charged on indictment is tried by a judge of the High Court of Justiciary or a sheriff with a jury of 15, the votes of eight being sufficient for a conviction. (Scots law)
Spent conviction
A record is spent if it no longer has to be declared under the Rehabilitation of Offenders Act 1974 (ROA).
The aim of the ROA is to help people who have been convicted of a criminal offence but have not re-offended for a specified period. The length of this period depends on the length of the sentence and the age of the individual.
In most circumstances, the individual will not have to reveal the existence of a spent sentence.
Find out more about rehabilitation periods
Statute
An Act of Parliament. (Scots law)
Statutory Instrument (S.I.)
The form in which orders, rules and regulations or other subordinate legislation are now made superseding, since 1947, statutory rules and orders (S.R.& O.). (Scots law)
Summary
As applied to criminal proceedings denotes those taken otherwise than on indictment; in civil proceedings in the sheriff court, the summary cause is the form of simplified procedure now applicable to a fairly wide category of cases with a limit of £1,500 in the case of pecuniary (i.e. monetary) claims. Summary application is a comprehensive name for applications which can be disposed of in a summary manner. Summary diligence denotes diligence proceeding on a deed or document registered for execution or on certain bills of exchange, in each case without an action constituting the debt. A summary warrant is a warrant issued by the sheriff to a local authority authorising diligence for the recovery of arrears of rates or Community Charge. (Scots law)
Summary Cause
Civil proceedings as above (perhaps wider ranging). Monetary claim £750 but not exceeding £1500. (Scots law)
Summary Crime
Less serious criminal offence(s). Proceeds by way of a complaint. Maximum penalties - 3 months imprisonment, 6 months for 2nd/subsequent offence of dishonest appropriation or violence; fine not exceeding £5000. (Common law) Statute may direct higher penalty. For more serious crime, see - Solemn Crime. (Scots law)
Summons
Most importantly, the usual form of writ in the Court of Session issued in name of the sovereign and containing a royal mandate to messengers-at arms to cite the defender to the Court of Session. (Scots law)
Superior
The grantor of a feudal right. (Scots law)
Supervision orders
Supervision Orders held on Central Records will be disclosed on Standard and Enhanced Disclosures. They will not be disclosed on Basic Disclosures.
If the individual was subject to a supervision order, because the court believes that the child is suffering, or is likely to suffer, significant harm that is directly attributable to the care being provided by the child's parents (or carers), it will not be disclosed on any level of disclosure.
Supra citatum (Sup cit)
Above cited. (Scots law)
Surrogatum
A thing substituted for another. (Scots law)
Suspended Sentence
A custodial sentence which will not take effect unless there is a subsequent offence punishable by imprisonment within a specified period. The sentence of imprisonment cannot exceed 2 years. It is not intended as a substitute for non-custodial penalties or for probation but as an incentive for the offender to avoid trouble in future. This gives the Court the opportunity to distinguish between the gravity of the offence and mitigating circumstances which they mark by the length of the sentence and the needs of the offender. (English law)
Taken into Consideration (TIC)
An offence may be taken into consideration (TIC) by a court when deciding on sentence and compensation awards. It is an alternative to charging an offender with a substantial number of offences. The offender must admit their guilt before the court can take the offence(s) into consideration. (English law)
Taxation
As applied to legal expenses or charges including solicitors' or advocates' fees incurred in court proceedings or otherwise means the scrutiny of the account by the Auditor of Court to exclude or amend items unjustifiably included or excessively charged. (Scots law)
Teinds
Tithes - the tenth part of the annual produce of land out of which a minister's wage was originally payable. (Scots law)
Terce
The widow's legal right of Dower in real estate. (Scots law)
Tithe
The tenth part of the increase annually arising from the profits of land and stock, allotted to the clergy. (Scots law)
Trial
Criminal proceedings (when an accused person has pled not guilty) where the court hears the evidence of witnesses to the alleged crime(s). (Scots law)
Tribunal
A person or body of persons other than a court of law, having power to determine claims or disputes of some particular nature. (Scots law)
Trust
Property legally entrusted to a person with instructions to use it for another person's (or persons') benefit (English law)
Trustee in Sequestration
Trustee in Bankruptcy. (Scots law)
Trustee
A person who holds or administers property in a trust for another (or others) (English law)
Tutor or Tutrix
The guardian of an infant. (Scots law)
Ultimus haeres
Last heir. The crown. (Scots law)
Ultra vires
Authority. (Scots law)
Umbrella body
An umbrella body is an organisation which can apply for Standard and Enhanced disclosures on behalf of individuals or other organisations. Find out more about Umbrella Bodies
Unspent conviction
Under the Rehabilitation of Offenders Act 1974, many convictions can become 'spent' following a rehabilitation period. The rehabilitation period will vary depending on the conviction. An unspent conviction is one where the rehabilitation period has not expired. Custodial sentences of more than two and a half years can never become spent.
Verdict
The finding of guilty or not guilty by a jury (English law)
The decision of a jury on the matter or matters submitted to it by the court. (Scots law)
Vest (seised)
One is seised or vest in real estate when holding the same on a title recorded in the appropriate Register or Sasines. (Scots law)
Vexatious litigant
A person who takes proceedings primarily for the annoyance or embarrassment of the defender and whose activities in raising actions may be restrained by the Court of Session. (Scots law)
Vitious intromission
The meddling with the moveable estate of a deceased without probate of the Will of other Title. (Scots law)
Volunteer
Disclosure Scotland provides free disclosure services to volunteers, provided through the Central Registered Body for Scotland. Free disclosure is available to volunteers, provided the following criteria can be met:
- The position is in a non-profit organisation
- The volunteer receives no remuneration beyond the reimbursement of travel and out of pocket expenses
- The purpose of the role is to provide some benefit for the community or a voluntary group
- There is no benefit for the volunteer or close any relative of the volunteer
Free disclosure is not available where:
- The person is volunteering directly for a statutory organisation
- The person is volunteering for a non-profit organisation in a position which delivers statutory services under contract or in a specific project, where the organisation has received funding from the government which covers the costs of disclosures for volunteers.
Volenti non fit injuria
Accepting the risk of injury. (Scots law)
Waiting Period
The length of time between fixing a trial, proof etc. and the case calling for that purpose. (Scots law)
Warrandice
Absolute warrandice is a warranting or assuring of property against all claims whatever. (Scots law)
Warrant
A written authority, e.g. from a court, authorising certain actions such as a search of premises or an eviction of occupiers. Also used to signify a document evidencing a right of some kind, e.g. in a title to heritable property. Formal permission by the Court to cite. (Scots law)
Warrant of Committal
Method of enforcing an order of the Court whereby the penalty for failing to comply with its terms is imprisonment; the bailiff is authorised to carry out the arrest and deliver the person to prison (or in some instances the Court) (English law)
Writs
Documents of title. (Scots law)
Youth Custody
Also known as Borstal or Youth Detention. Where a person under the age of 17 is convicted of an offence for which an adult may be sentenced to imprisonment, the Court may, if it is of opinion that none of the other available non-custodial measures such as fining or probation is suitable, sentence the offender to be detained in a Detention Centre. The offender is carefully observed and assessed, usually in a remand centre, and an Institution Board then makes its recommendations to the Secretary of State regarding a suitable allocation. This may vary according to the age of the offender and circumstances of the case but may be a community home, a youth treatment centre, a borstal or a young prisoner's centre.
The Children and Young Persons Act 1969 provided for the phasing out of Borstal training and Detention Centres. (English law)
