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Legal Glossary

 

Ab initio

Derived from the Latin meaning ‘from the commencement, beginning or start.’ A state of affairs or act which is deemed ‘void ab initio’ is treated as having been invalid from the outset.

Act of Parliament

Formal statutory law which is formed when a bill passes successfully through Parliament. On the receipt of Royal Assent it attains the status of primary legislation.

Acquit

A formal outcome of criminal proceedings when a defendant is found Not Guilty of criminal charges and is thereby acquitted of them.

Actus Reus

From the Latin meaning ‘the guilty act’. A component element of an offence comprised of the relevant criminal act, omission and/or resulting state of circumstances. The full phrase ‘actus non facit reum nisi mens sit rea’, translates to mean a man is not guilty of an act or circumstances alone unless accompanied by the corresponding criminal state of mind – namely the Mens Rea. Exceptions to this include offences of strict and absolute liability which may be committed by completion of the Actus Reus alone.

Adjournment

A temporary postponement of proceedings.

Antecedents

The record of a defendant’s previous criminal convictions, cautions, reprimands and/or warnings. The document is formed from information retained on the Police National Computer system. Information includes name, date of birth (including any known alias details for both), dates of convictions, offences convicted of, and sentences imposed.

Arraignment

The formal process by which a defendant enters his or her plea to each of the counts on the indictment.

Autrefois Acquit and Autrefois Convict

Derived from the French meaning ‘previously’ or ‘formerly.’ Both autrefois acquit and autrefois convict are special pleas in bar to an indictment on matters which the defendant has previously been acquitted or convicted. Both engage the principles of estoppel which prevent multiple prosecutions for matters for which an acquittal or conviction has already ensued.

Bail

A defendant who enjoys bail retains his or her liberty pending the next stage in the criminal proceedings against them. Bail can be either conditional or unconditional. Frequently imposed conditions include residing at a named address, non-contact with prosecution witnesses, exclusion from certain areas, curfew between certain hours, surrender of travel documents, surety, security, and/or reporting to a local police station.

Bench Warrant

A warrant for the arrest of a defendant often issued when a bailed defendant fails to surrender to the custody of the court on the next date in their criminal proceedings. On the occasion when the defendant is next brought back before the court the warrant is said to be executed.

Burden of Proof

The party who bears the onus of proving to the requisite standard the relevant matter in issue is said to bear the burden of proof. In the vast majority of instances it is the prosecution upon whom this burden rests. In certain exceptions the defendant may bear either an evidential or legal burden - when this is so the burden is said to be reversed.

Causation

Component element of criminal conduct which requires proof of a causal nexus or chain between the criminal conduct alleged and the relevant outcome or result in order to establish criminal liability.

Committal

The process by which either-way (and related) matters reach the Crown Court. Committal of substantive proceedings for trial occur when the Magistrates’ Court is satisfied that there is a prima facie case on the face of the papers and follows either the decline of jurisdiction or the defendant electing Crown Court trial. Committal for sentence occurs when a Magistrates’ Court deems that its maximum sentencing powers are insufficient following conviction or a guilty plea to an either-way matter.

Concurrent

If a defendant is sentenced for multiple offences and the sentences are to run concurrently then he or she will serve them simultaneously at the same time notwithstanding the aggregate numerical total.

Consecutive

If a defendant is sentenced for multiple offences and the sentences are to run consecutively then he or she will serve them in succession, the total period being the aggregate sum of all sentences.

Coram

Derived from the Latin meaning ‘in the presence of’ or ‘before’. The term is utilised to record the presiding forum or tribunal over the relevant criminal proceedings.

Dissent

Meaning ‘to disagree’. Often refers to a minority opinion in an appellate judgment which differs from the opinion of the majority and expresses a contrary view.

Doli Incapax

Derived from the Latin meaning ‘incapable of wrong.’ There is a conclusive presumption that a child who is yet to attain the age of ten cannot be guilty of an offence.

Either-Way Offences

A category of offences which are capable of being tried in either the Magistrates’ or Crown Court. The matter will commence in the Magistrates’ Court. If the Magistrates feel their sentencing powers are insufficient then they will decline jurisdiction and the matter will be committed to the Crown Court for trial. If the Magistrates accept jurisdiction then the defendant retains the right to elect trial in the Crown Court before a judge and jury. If the defendant pleads guilty to an either-way matter then the Magistrates retain the power to commit him to the Crown Court for sentence.

Ejusdem generis

Derived from the Latin meaning ‘of the same kind.’ Ejusdem generis is a rule of statutory interpretation that states where legislation cites particular and specific examples but leaves open a more general interpretation also, then the more general words are to be interpreted as being of the same kind or same class as the specific words which precede it.

 

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