Absolute discharge: Instead of sentencing an offender, the court may make an order discharging him or her. This means there is no time in prison or a fine imposed. The person still has a criminal record.
Accused: A person charged with committing a crime or offence.
Acquittal: An outcome of a case decided by a jury, or a decision of a Judge, Sheriff, or Justice of the Peace. It means that the accused person is not guilty, or the case is not proven.
Act and warrant: A document issued by the court. The interlocutor in sequestration proceedings confirms the appointment of the trustee.
Action: Proceedings instituted by a person in a civil court.
Acts of Adjournal: Regulations as to court procedure made by the High Court of Justiciary in criminal law.
Ad hoc: Referring only to a particular case or to a specified set of circumstances.
Ad infinitum: Without limit.
Ad interim: In the meantime.
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
Adjust: To alter the written basis of an action or its defence in its early stages.
Adjournment: Postponement of court proceedings to a later date. This can happen at various stages of a case, for different reasons. Common reasons include lunch, lack of evidence or witnesses, changes in charges or evidence, legal representation issues, illness, or an emergency.
Advocate: A lawyer who specialises in preparing cases for court. They can take cases in the High Court and any court above this. They are members of the Faculty of Advocates. You can tell them apart as they will wear wigs and gowns.
Advocate Depute: An experienced Advocate who can make decisions in serious cases and Fatal Accident Inquiries. Advocate Deputes also provide advice to Procurators Fiscal on complex or sensitive legal issues.
Advocate General: They advise the UK Government on certain issues relating to Scotland as the chief legal advisor. They are a Minister in the UK Government but not elected.
Advocate, Lord: The senior Scottish Law Officer responsible for the prosecution of crime and investigation of deaths in Scotland, and the principal legal adviser to the Scottish Government.
Affidavit: A signed statement made on oath. Some cases which come before the Court can be dealt with by affidavit evidence. This is a sworn statement that means witnesses do not have to turn up. It saves a good deal of time but can only be used in certain types of cases (where there is no real dispute) as a written statement cannot be cross-examined.
Appeal: A challenge to a conviction and/or sentence.
Appearance: The formal act whereby the defender in an action intimates his intention to defend. This is where someone would plead guilty or not guilty.
Avizandum: Judgement deferred (verbal or written decision to be given later).
Bail: Conditions imposed upon an accused person by the Court. This happens before someone has been convicted of a crime. An accused person may be released on standard bail or bail with special conditions, for example, a condition preventing contact with a named witness. The accused must agree to the conditions before the court will release them on bail. Bail conditions can be set by Police Scotland when a person is released on an ‘undertaking.’
Ballot: Selection process of the Jury.
Bar officer: Also known as a court officer. A person in the Sheriff Court or the Justice of the Peace Court who escorts the Sheriff or Justice of the Peace to and from court. The Bar officer provides general assistance in court. This may include calling each witness into the Courtroom and showing witnesses pieces of evidence.
Caution: A form of insurance that will reimburse a person’s estate in the event of any financial loss as a result of the guardian’s mismanagement. The Sheriff will decide if caution is required.
Caveat: A legal document lodged in court by a party so that no order or ruling affecting him or her passes in his or her absence or without receiving prior notice.
Charge: The crime that the accused person is alleged to have committed.
Circuit Court: The court held by the judges of the High Court of Justiciary when they sit outside Edinburgh.
Citation: The documentation that tells a witness or juror where and when to go to court. These are very important, and you cannot ignore them.
Complaint: A document instituting summary (minor) criminal proceedings in a sheriff or district court setting out the offence charged.
Commissioner: Someone who hears evidence from a vulnerable or child witness in advance of a trial. This will be a Judge, Sheriff, or other suitable person. The evidence will be audio and visually recorded for use at trial.
Committed for further examination (CFE): Someone who hears evidence from a vulnerable or child witness in advance of a trial. This will be a Judge, Sheriff, or other suitable person. The evidence will be audio and visually recorded for use at trial.
Community Payback Order: A sentencing option available to Court upon conviction of an accused. The order can be made for a period between 6 months and 3 years. It imposes certain requirements on an offender.
Conviction: When a person accused of a crime pleads guilty, or the court finds them guilty after trial, they are convicted of the offence.
Counsel: In Scotland, a member of the Faculty of Advocates practising at the Bar.
Copy complaint: A document served by COPFS on an accused person, detailing the crimes alleged against them and when and where to appear in court.
Corpus: The Latin term “Corpus” means, in a UK legal context “body”.
Corroboration: An accused person cannot be convicted in Scotland unless there is evidence from at least two separate sources. This is called corroboration.
Court Clerk: The person who calls the case, records the court proceedings, and gives advice on court procedure. In the Sheriff Court, this person is known as the ‘Sheriff Clerk’
Criminal Appeals/Justiciary appeals: Criminal appeals result from summary (less serious) work. Justiciary appeals result from solemn work.
Crown Counsel: Advocates who act for the prosecution. Advocates are lawyers who are members of the Faculty of Advocates or Scottish Bar. Advocates who appear for the defence are known as ‘Counsel’.
COPFS: The Crown Office and Procurator Fiscal Service (COPFS) is Scotland’s public prosecution service and death investigation authority.
Court officer: Also known as a Bar Officer. A person in the Sheriff Court or the Justice of the Peace Court who escorts the Sheriff or Justice of the Peace to and from court. The Court Officer provides general assistance in court. This may include calling each witness into the Courtroom and showing witnesses pieces of evidence. In the High Court, they may be known as a Macer.
Cross-examination: This is when a witness is questioned by the lawyer who summoned them to court (the prosecutor or the defence). Afterwards, the opposing lawyers may question (cross-examine) them.
Custody: A person is in ‘custody’ when they are in prison, a young offenders’ institution, or a police cell.
Debate: Intermediate step in procedure when legal points are considered, and which can result in the conclusion of a civil case prior to evidence being led.
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.
Decrees in Absence: Applications to the court dealt with by the Sheriff in his chambers in the “absence” of opposition thereto.
De facto: According to the fact; in point of fact.
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.
Defence Lawyer: Legal representation for the accused of the crime.
Defender: A person who disputes the claim of the pursuer and lodges defences.
Deferred sentence: After conviction, a case may be adjourned for a final sentence to be decided on. Reports may be required so a future date is set for a ‘sentence deferred’ hearing.
Diet: The date fixed by the court for hearing a case for any one of a variety of purposes.
Discharge: Release.
District Court: The court in each district or island area dealing with the most minor criminal offences, which replaced the burgh or magistrates’ courts existing before the local government reorganisation in 1975.
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.
Evidence on Commission: When a trial (either summary or solemn) calls on the Court special measure to allow for evidence to be given by a witness in advance of a trial. This is more common in High Court cases. The accused will not be present in the room but will be invited to view from another location.
Evidence of Facts: To establish whether a case can take place.
Examination: The questioning by the lawyer who has asked the in-chief: witness to come to court (the prosecutor or the defence). This is the first set of questions the witness is asked. After examination-in-chief the opposing lawyer then has an opportunity to cross-examine the witness.
Extended sentence: A sentence that involves time in custody followed by a period of being supervised in the community. Custody means imprisonment or being detained in a young offenders’ institution.
Fatal Accident Inquiry (FAI): A court hearing heard in the Sheriff Court that publicly inquiries into the circumstances of certain deaths. A fatal accident inquiry must be held if the death was the result of an accident at work, or happened in legal custody, for example in prison or police custody. The findings of these inquiries can help to prevent future deaths or injuries.
First calling: The first time a case is called in court.
Fiscal: See Procurator fiscal.
Floating trial: A High Court or Sheriff & Jury case where the date of the trial can vary.
Forensic evidence: Scientific evidence collected from a victim, an accused person, another person or from a crime scene. Examples include fingerprints, DNA, and blood samples.
Full Committal (FC): The second appearance of an accused person in court in ‘Petition’ proceedings. It takes place 7 days after the accused has been remanded in custody when first appeared ‘on petition’. The hearing takes place in private. Afterwards, the court may grant bail or keep the accused on remand until the trial. If remanded in custody it is often referred to as RIC
Hearing: Refers to a Court Hearing.
Home detention curfew (HDC): A form of early release from prison. If assessed as suitable by the Parole Board, it allows an offender to serve part of their custodial sentence out on licence in the community. Offenders are usually subject to conditions, for example a curfew condition monitored by an electronic tag.
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 in 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.
In hoc statu: For the time being, at this stage.
In perpetuum: Forever.
Interlocutor: An injunction or order of court made during the course of an action.
Interlocutor (final): Final decision of the action.
Intermediate diet: Mandatory step in criminal proceedings which allows the court to check whether the case is likely to proceed on the date assigned for trial. Minimises inconvenience to witnesses etc.
Interdict: The judicial prohibition issued by the Court of Session or Sheriff Court comparable with the English injunction. In an emergency, an interim interdict can be obtained. E.g. an interdict can be used to stop someone from contacting another person.
Interim: As applied to the ruling of a court, temporary or partial, e.g. in matters of interdict.
Interrogatories: Written questions adjusted by the court, to be put to witnesses examined under a commission.
Ipso facto: By that very fact.
Ipso jure: By the law itself.
Judge: A solicitor in court proceedings in the High Court who ensures legal rules are followed. The Judge is responsible for sentencing an accused person if they are convicted.
Jury: Members of the public selected at random from the electoral register to listen to evidence in a criminal trial (High Court or Sheriff Court – Solemn proceedings). After hearing the facts of the case, the Jury will be asked to reach a verdict. In criminal cases there are 15 jurors.
Justice - Clerk, Lord: The second in dignity of the Scottish judges, who presides over the Second Division of the Court of Session.
Justice - General, Lord: The highest criminal judge in Scotland. The position is, in modern times, held by the Lord President.
Justice of the Peace (JP): A lay magistrate who sits in the Justice of the Peace Court. Lay magistrates are local volunteers with some legal training. The Justice of the Peace Court deals with less serious crimes (summary cases).
King’s Counsel, or KC or ‘Silk’: A senior and experienced advocate. They wear a silk cravat, and advocates wear a white bow tie or blouse.
Lack of Time Adjournment: This occurs when a case is down for trial or proof, but cannot proceed because other business takes priority on the day.
Licence: An offender may be released from prison ‘on licence’ to serve the rest of their sentence in the community. The offender will have to follow certain conditions (rules) while on licence.
Locus: A location.
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/her court while it is sitting.
Macer: Otherwise known as a Court Officer - the person in the High Court who calls in the accused and any witnesses into the Courtroom. The Macer helps keep the Courtroom in order.
Mora: Undue delay.
Next of Kin: A person’s closest living relative through blood or legal relationships.
Not guilty: A verdict of the court or a jury where the Crown has not established guilt ‘beyond a reasonable doubt.’ A verdict of acquittal.
Not proven: A not proven verdict has the same impact for an accused as a verdict of not guilty. It is a verdict of acquittal and means the Crown has not proved the accused’s guilt beyond reasonable doubt. This verdict has been abolished as part of the Victims, Witnesses and Justice Reform (Scotland) Bill.
NHO: Non-harassment order granted by the Sheriff.
Oath/Affirmation: In court proceedings the undertaking by a witness to give truthful evidence, the alternative for a witness having no religious belief being affirmation.
Parole: When a long-term prisoner is released, on licence, before the end of their sentence. The offender will still be supervised by a social worker. They can be sent back to prison if they break the conditions of their licence.
Parole evidence: Oral evidence of witnesses, as contrasted with documentary evidence.
Perjury: The crime committed by a witness in court proceedings if they give false information under oath or on an affirmation equivalent to oath.
Petition: A document by which court proceedings are initiated, like a summons but only used for specific types of cases. It can have various meanings. An indictment originally calls as a petition until the Crown can indict the accused on the charges. In civil business the term also relates to certain types of applications to the court.
Plea: At the beginning of a criminal case, the court asks the accused if they are guilty or not guilty. The answer they give to the court is called the plea.
Pleading Diet: Date assigned for the case to be called and for the plea to be given.
Police Bail: When a person is in police custody accused of a crime, they may be released if they sign a form known as an ‘undertaking.’ Signing the form means that they agree to certain conditions imposed by the police, such as not committing further crimes. They also agree to come to court on a given date and time.
Precognition: An interview of a witness by a procurator fiscal or defence lawyer. It helps them find out more about a crime and prepare for a court case.
Precognosce: To take a precognition.
Procurator-fiscal: Also known as the PF or the Fiscal. Investigating agencies, such as the police, BTP, SSPCA, etc. report crimes to the Procurator Fiscal. The Procurator Fiscal then decides on what action to take in summary cases and reports solemn cases to Crown Counsel (Crown Office) for a decision. COPFS also deals with reports of sudden or suspicious deaths and allegations of criminal conduct on the part of police officers.
Production: A physical item or document used as evidence in a criminal trial and shown in court.
Pro loco et tempore: Without place and time.
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.
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; until then it is the open record. When used in this sense, the word bears the emphasis on the second syllable.
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.
Remanded or RIC: When an accused is refused bail and held in prison awaiting trial
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.
Remote site: A location where a witness can give evidence by video link to a court.
Repel: A Scottish court does not overrule a plea or an objection, it repels it. The opposite is to sustain (or uphold).
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 hearings; also to those who prepare and compile the published reports of cases decided by the courts.
Resident Sheriff: The Sheriff who holds the commission to sit at a particular Court, as opposed to a Sheriff sitting temporarily i.e. a part-time Sheriff arranged by the Shrieval Booking Unit.
Rolls: Official lists of cases as set down for hearing, usually available in advance. You can find the court rolls for different courts online. These are searchable by case names and reference numbers.
Scottish Children’s Reporter Administration (SCRA): The national organisation for Children’s Reporters. SCRA focuses on children and young people who are most at risk. Children’s Reporters make decisions about the need to refer a child or young person to a Children’s Hearing.
Sentence: A decision by a Judge, Sheriff, or Justice of the Peace on the outcome of a case. The sentence is given after an accused is found guilty of a charge at trial or admits guilt to a charge.
Sheriff: The name for a judge in the Sheriff Court.
Sheriff and Jury: Cases that are heard before a Sheriff (judge) and Jury in the Sheriff Court also known as Solemn proceedings which started on ‘Petition.’ Most cases in Scotland are dealt with in the Sheriff court.
Solemn Crime: Serious criminal offence(s). Proceedings commence by way of a petition and may proceed to an indictment. Solemn offences can be heard in the Sheriff or High Court. In the Sheriff Court, the maximum penalties on indictment are 5 years imprisonment and, unlimited fine. (Common law). Statute may direct higher penalties for certain statutory offences. In the High Court there is no maximum on the penalty which may be imposed, but sentencing guidelines will apply for certain offences. For less serious crimes, see – Summary Crime.
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.
Solicitor: A lawyer who is a member of the Law Society of Scotland.
Solemn case: A serious criminal case that is heard before a Judge and Jury of 15 people in the High Court, or a Sheriff and Jury of 15 people in the Sheriff Court.
Soul and Conscience letter: A medical certificate or letter from a doctor explaining that a person, such as a witness, is too unwell to attend court.
Special Measures: Different ways to help support vulnerable witnesses when giving evidence in court. Special Measures include giving evidence from behind a screen in the Courtroom, or by a television link, or having a support person in court. All children receive special measures when giving evidence.
Summary: See under Summary Crime below; Civil (Sheriff Court) summary cause is the form of simplified procedure applicable to cases with a limit of £5000 in the case of 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 council tax.
Summary Cause: Civil proceedings as above (perhaps wider ranging). Monetary claim above £3,000 but not exceeding £5,000.
Summary Crime: Less serious criminal offence(s). Proceeds by way of a complaint. Maximum penalties are 3 months imprisonment, 6 months for second/subsequent offence of dishonest appropriation or violence; fine not exceeding £5,000. (Common law) Statute may direct higher penalty. For more serious crimes, see Solemn Crime.
Summons: Form of writ in the Court of Session issued in the name of the sovereign. It contains a royal mandate to messengers-at-arms to cite the defender to the Court. It will set out the details of the claim.
Supervision: The local authority criminal justice services supervise prisoners released on licence.
Trial: The court hearing that establishes the facts in a case by the leading of evidence. Evidence is led by the prosecution and the defence (if the defence chooses to lead evidence on behalf of the accused). A trial is heard before a Justice of the Peace or a Sheriff in summary cases, or a Sheriff or Judge and 15 Jurors in solemn cases.
Tribunal: A person or body of persons other than a court of law, having power to determine claims or disputes of some particular nature. e.g. the employment tribunal
Undertaking: When a person is in police custody accused of a crime, they may be released if they sign a form known as an undertaking. Signing the form means that they agree to certain conditions imposed by the police, such as not committing further crimes. They also agree to come to court on a given date and time.
Verdict: The decision of a jury on the matter or matters submitted to it by the court.
Victim Impact Statement: In solemn procedure, victims of certain crimes can provide the court with a written statement that explains how a crime has affected them. The Judge or Sheriff will take into account different factors, including the victim impact statement, when they sentence the offender.
Warrant: A document granted by the court, giving police officers the authority to arrest someone. For example, a warrant may be issued for the arrest of an accused person if they have failed to attend court.
Writs: A party wishing to present or defend a civil claim must first put that claim or defence in writing. These written statements of the claim or defence are the written pleadings. They are sometimes referred to as ‘writs’.