The Criminal Procedure Rules 2010 and the CCPD: where to find the terms used in the Glossary
The Criminal Procedure Rules 2010and the
Consolidated Criminal Practice Direction
Cross-referencedOctober 2010
This chart lists the legal expressions used in the Criminal Procedure Rules’ (CrimPRs’)Glossary, withthe meaning of those expressions. It records where they appear in the Rules and where they also appear in the Consolidated Criminal Practice Direction.
CrimPRPart
no. / CCPD
para. no. / Expression / Meaning
6 / - / account monitoring order / an order requiring certain types of financial institution to provide certain information held by them relating to a customer for the purposes of an investigation
44 / - / action plan order / a type of community sentence requiring a child or young person to comply with a three month plan relating to his actions and whereabouts and to comply with the directions of a responsible officer (e.g. probation officer)
3, 5, 27, 32, 33, 34, 35, 37, 57, 61, 62 / III.31.5 / admissible evidence / evidence allowed in proceedings
(not all evidence introduced by the parties may be allowable in court– for example, see Part 34)
13, 57 / III.24
IV.40 IV.43 / adduce / to introduce (in evidence)
3, 6, 10, 16, 18, 19, 32, 34, 35, 37, 42, 44, 75 / I.13
I.15
III.25.2
IV.40 IV.41 IV.42 IV.43
IV.44 IV.45
V.54 / adjourn / to suspend or delay the hearing of a case
17, 73 / - / affidavit / a written, sworn statement of evidence
32, 37 / III.25.11
IV.42 / affirmation / a non-religious alternative to the oath sworn by someone about to give evidence in court or swearing a statement
20, 39,
63, 65, 66, 67, 68, 69, 71, 72,
73, 74, 76 / I.9
II.1
II.2
II.17
II.18 / appellant / person who is appealing against a decision of the court
14, 16, 41, 68 / IV.34 / arraign / to put charges to the defendant in open court in the Crown Court
14 / IV.34 / arraignment / the formal process of putting charges to the defendant in the Crown Court, which consists of three parts:
(1) calling him to the bar by name,
(2) putting the charges to him by reading from the indictment and
(3) asking him whether he pleads guilty or not guilty
64, 66, 67, 68, 69, 70, 72 / II.17
IV.36
IV.45 / authorities / judicial decisions, or opinions of authors of repute, used as grounds of statements of law
14, 15 / IV.35
IV.41 / bill of indictment / a written accusation of a crime against one or more persons – a criminal trial in the Crown Court cannot start without a valid indictment
16 / - / in camera (trial) / Trial in private
64 / - / case stated / an appeal to the High Court against the decision of a magistrates court, on the basis that the decision was wrong in law or in excess of the magistrates’ jurisdiction
16, 61 / IV.32
IV.50 / in chambers / non-trialhearing in private
3, 10, 14, 15, 17, 18, 19, 39, 52, 76 / III.23.3
III.24
III.27
IV.32
IV.33
IV.34
IV.35
IV.41
IV.43
V.51
V.52
V.53
V.54
V.56 / committal / sending someone to a court (usually from a magistrates’ court to the Crown Court) or to prison
76 / IV.32
V.51
V.52 / committal for sentence / procedure whereby a person convicted in a magistrates’ court is sent to the Crown Court for sentencing, when the sentencing powers of the magistrates’ court are not considered sufficient
10, 19 / III.24.6
III.27.4
IV.41 / committal proceedings / preliminary hearing in a magistrates’ court before a case is sent to be tried before a jury in the Crown Court
41 / - / compellable witness / a witness who can be forced to give evidence against an accused
(not all witnesses are compellable)
4, 5, 42 / V.51 / compensation order / an order that a convicted person must pay compensation for loss or damage caused by the convicted person
5, 16, 29, 36, 37, 68 / III.31.8
IV.34.14 / complainant / a person who makes a formal complaint.
In relation to an offence of rape or other sexual offences, the complainant is the person against whom the offence is alleged to have been committed
5 / III.31 / complaint / document used to start certain types of proceedings in a magistrates’ court, or
the process of using such a document to start proceedings
42 / III.31 / conditional discharge / an order which does not impose any immediate punishment on a person convicted of an offence, subject to the condition that he does not commit an offence in a specified period
56, 58, 60, 71, 72 / II.1.11 / confiscation order / an order that private property be taken into possession by the state
65 / - / Convention right / a right under the European Convention on Human Rights
2, 3, 10, 18, 28, 34, 35, 37, 52, 60, 61, 63, 67, 68, 76 / I.7
I.13
II.20.2
III.23.4
IV.37
IV.40
IV.43 / costs / the expenses involved in a court case, including the fees of the solicitors and barristers and of the court
10 / I.1
I.15
III.24.6
IV.38.1
IV.43
IV.44 / counsel / a barrister
29, 31, 35, 36, 37, 50, 61, 62 / III.30.12
IV.40 / cross-examination / questioning of a witness by a party other than the party who called the witness
3, 16, 20 / - / custody time limit / the maximum period, as set down in statute, for which a person may be kept in custody before being brought to trial. These maximum periods may only be extended by an order of the judge.
6 / - / customer information order / an order requiring a financial institution to provide certain information held by them relating to a customer for the purposes of an investigation into the proceeds of crime
65 / - / declaration of incompatibility / a declaration by a court that a piece of UK legislation is incompatible with the provisions of the European Convention on Human Rights
42 / - / deferred sentence / a sentence which is determined after a delay to allow the court to assess any change in the person’s conduct or circumstances after his or her conviction
10, 17 / - / deposition / written record of a witness’ written evidence
19 / - / estreatment (of recognizance) / forfeiture
29 / IV.40 / evidence in chief / the evidence given by a witness for the party who called him
10 / - / examining justice / a magistrate carrying out his or her function of checking that a case appears, on the face of the prosecution case papers, to exist against an accused before the case is put forward for trial in the Crown Court -see ‘committal’ and ‘sending for trial’
10, 27, 41, 57, 63, 65, 71, 72 / II.18
IV.35
IV.41 / exhibit / a document, or thing, presented as evidence in court
61 / - / forfeiture by peaceable re-entry / the re-possession by a landlord of premises occupied by tenants
42, 63, 76 / - / guardianship order / an order appointing someone to take charge of a child’s affairs and property
3, 29, 34, 50, 57, 61, 62, 68 / - / hearsay evidence / oral or written statements made by someone who is not a witness in the case but which the court is asked to accept as proving what they say. This expression is defined further by rule 34.1 for the purposes of Part 34, and by rule 57.1 for the purposes of Parts 57 - 61
37, 42, 63, 68, 76 / - / hospital order / an order that an offender be admitted to and detained in a specified hospital
3, 10, 14, 15, 19, 21, 22, 39, 41 / IV.34
IV.35
IV.36
IV.41
V.51 / indictment / the document containing the formal charges against a defendant – a trial in the Crown Court cannot start without this
5 / - / informant / someone who lays an information
2, 4, 5, 6, 7, 10, 12, 18, 19, 22, 28, 29, 31, 32, 33, 37, 41, 42, 44, 52, 55, 56, 57, 58, 63, 65, 66, 67, 68, 69, 71, 76 / - / information / statement by which a magistrate is informed of the offence for which a summons or warrant is required – the procedure by which this statement is brought to the magistrates’ attention is known as ‘laying an information’
29 / - / intermediary / a person who asks a witness (particularly a child) questions posed by the cross-examining legal representative
5, 6, 7, 17, 19, 32, 37, 63 / - / justice of the peace / a magistrate, either a lay justice or a District Judge (Magistrates’ Courts)
2, 5, 17, 19, 32, 50, 64 / V.55 / justices’ clerk / post in the magistrates’ court of person who has various powers and duties in a magistrates’ court, including giving advice to the magistrates on law and procedure
19, 32, 57, 61, 71, 72, 73, 74 / I.2
II.1, II.2, II.14, II.15, II.16, II.17, II.18 / leave of the court / permission granted by the court
16, 68, 71-73, 74 / II.1, II.2, II.14, II.16, II.17, II.18,
IV.50 / leave to appeal / permission granted to appeal the decision of a court
32 / - / letter of request / letter issued to a foreign court asking a judge to take the evidence of some person within that court’s jurisdiction
61 / - / to levy distress / to seize property from a debtor or a wrongdoer
19, 42, 55 / - / local justice area / an area established for the purposes of the administration of magistrates’ courts
64 / - / mandatory order / order from the Divisional Court of the Queen’s Bench Division ordering a body (such as a magistrates’ court) to do something (such as rehear a case)
32 / - / nominated court / a court nominated to take evidence pursuant to a request by a foreign court
3, 11, 13, 14, 15 / IV.41.7 IV.41.12
IV.43.9 / notice of transfer / procedure used in cases of serious and complex fraud, and in certain cases involving child witnesses, whereby the prosecution can, without seeking judicial approval, have the case sent direct to the Crown Court without the need to have the accused committed for trial
5 / - / offence triable either way / an offence which may be tried either in the magistrates’ court or in the Crown Court
19, 36, 41 / I.6
III.23.10
IV.42.3
IV.45.3
IV.45.33
IV.46.5
IV.47.3
IV.49.2
IV.49.13
IV.49.35 / in open court / in a courtroom which is open to the public
50 / - / parenting order / an order which can be made in certain circumstances, where a child has been convicted of an offence which may require parents of the offender to comply with certain requirements including attendance of counselling or guidance sessions
2, 3, 13, 15, 16, 17, 19, 22, 27, 28, 29, 31, 32, 33, 34, 35, 36, 37, 41, 42, 44, 50, 56, 57, 60, 61, 62, 63, 64, 65, 66, 68, 69, 71, 73, 74, 75, 76 / I.5
I.15
II.20
III.23
III.31.2
IV.32
IV.35.6 IV.37
IV.40
IV.41.13 IV.41.14
V.55.9 / party / a person or organisation directly involved in a criminal case, either as prosecutor or defendant
14, 15 / III.24.4
IV.35
IV.41.12 / to prefer, preferment / to bring, or lay, a charge or an indictment
3, 15, 65, 66, 74, 76 / IV.34.6
IV.34.7
IV.34.9
IV.41.3 / preparatory hearing / a hearing, forming part of the trial, sometimes used in long and complex cases to settle various issues without requiring the jury to attend
57, 58, 59, 60, 61, 73 / - / realisable property / property which can be sold for money
58, 60, 61 / V.51.8 / receiver / a person appointed with certain powers in respect of the property and affairs of a person who has obtained such property in the course of criminal conduct and who has been convicted of an offence – there are various types or receiver (management receiver, director’s receiver, enforcement receiver)
60, 73 / - / receivership orders / an order that a person’s assets be put into the hands of an official with certain powers and duties to deal with that property
4, 10, 11, 12, 17, 19, 41, 64, 68, 74 / - / recognizance / formal undertaking to pay the Crown a specified sum if an accused fails to surrender to custody
5, 19, 32, 37, 40, 42, 52, 57, 63 / I.15 / register / the formal records kept by a magistrates’ court
18 / I.13
III.25.3
V.54.15 / to remand / to send a person away when a case is adjourned until another date – the person may be remanded on bail (when he can leave, subject to conditions) or in custody
42, 44 / - / reparation order / an order made against a child or young person who has been convicted of an offence, requiring him or her to make specific reparations to the victim or to the community at large
10, 11, 12, 19, 42, 74 / IV.38 / representation order / an order authorising payment of legal aid for a defendant
2, 4, 7, 37 / - / requisition / a document issued under section 29 of the Criminal Justice Act 2003, requiring a person to appear before a magistrates’ court to answer a written charge
5, 6, 55, 62, 63, 64, 65, 66, 67, 68, 69, 70, 71, 72, 73, 76 / I.15,
II.2,
II.17 / respondent / the other party (to the appellant) in a case which is the subject of an appeal
59, 60, 61 / - / restraint order / an order prohibiting a person from dealing with any realisable property held by him
61, 73 / - / seal / a formal mark which the court puts on a document to indicate that the document has been issued by the court
16, 19, 41, 60 / III.31.18 / security / money deposited to ensure that the defendant attends court
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13, 14, 15, 16, 19, 21, 22 / IV.41.5
V.56.5 / sending for trial
(also referred to as
‘sent for trial’) / procedure whereby indictable offences are transferred to the Crown Court without the need for a committal hearing in the magistrates’ court
66, 67, 73 / II.1
II.17
IV.36 / skeleton argument / a document prepared by a party or their legal representative, setting out the basis of the party’s argument, including any arguments based on law – the court may require such documents to be served on the court and on the other party prior to a trial
29, 36, 37, 68 / III.29
IV.40 / special measures / measures which can be put in place to provide protection and/or anonymity to a witness (e.g. a screen separating witness from the accused)
37, 55 / - / statutory declaration / a declaration made before a Commissioner for Oaths in a prescribed form
73 / IV.36 / to stay / to halt proceedings, apart from taking any steps allowed by the Rules or the terms of the stay - proceedings may be continued if a stay is lifted
4, 7, 16, 17, 19, 28, 37, 39, 41,44, 61, 76 / I.5 / summons / a document signed by a magistrate after an information is laid before a him which sets out the basis of the accusation against the accused and the time and place when he must appear
10, 11, 12, 19, 52, 68 / - / surety / a person who guarantees that a defendant will attend court
42, 44, 52 / I.9
III.21.5
IV.33.5 / suspended sentence / sentence which takes effect only if the offender commits another offence punishable with imprisonment within the specified period
42, 44, 68 / - / supervision order / an order placing a person who has been given a suspended sentence under the supervision of a local officer
40 / - / tainted acquittal / an acquittal affected by interference with a witness or a juror
60 / - / taxing authority / a body which assesses costs
32 / - / territorial authority / the UK authority which has power to do certain things in connection with co-operation with other countries and international organisations in relation to the collection of, or hearing of, evidence, etc
11, 19 / - / transfer direction (mental health) / a direction that a person who is serving a sentence of imprisonment who is suffering from a mental disorder be transferred to a hospital and be detained there for treatment
17, 18, 19 / - / warrant of arrest / court order to arrest a person
4, 17, 19 / - / warrant of commitment / court order sending someone to prison
18 / - / warrant of detention
‘detention’ is mentioned also in Parts 42, 52, 56, 68 & 74 / a court order authorising someone’s detention
63, 68 / III.23.4 / wasted costs order / an order that a barrister or solicitor is not to be paid fees that they would normally be paid by the Legal Services Commission
1, 3, 4, 10, 11, 13, 16, 22, 27, 28, 29, 31, 32, 33, 34, 36, 37, 39, 41, 50, 57, 58, 59, 60, 61, 62, 63, 68, 69, 71, 73, 76 / I.2, I.5, I.6, I.13, I.15,
II.2, II.18,
III.21, III.23, III.24, III.25, III.28, III.29, III.30, III.31,
IV.40,
IV.41, IV.42,
IV.44,
IV.49,
V.54.16,
V.55.5 / witness / a person who gives evidence, either by way of a written statement or orally in court
4, 16, 28, 61, 76 / - / witness summons / a document served on a witness requiring him or her to attend court to give evidence
2, 7, 37 / - / written charge / a document, issued by a public prosecutor under section 29 of the Criminal Justice Act 2003, which institutes criminal proceedings by charging a person with an offence
5, 19, 37, 40, 63 / - / youth court / magistrates’ courts exercising jurisdiction over offences committed by and other matters related to, children and young persons
This version produced October 2010 by the Secretariat to the Criminal Procedure Rule Committee
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