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Meanings
This section gives the meanings of some of the words which are used in this pack or which you might hear during an investigation or trial. They are listed in alphabetical order. Meanings are given of all words in blue.
Accused: the person charged with a crime.
Adjournment: break in court proceedings. This may be for lunch, overnight or to a completely new date.
Advocate Depute ( AD): advocate or senior Procurator Fiscal who works only for the prosecution and prosecutes only in the High Court.
Affirmation: promise to tell the truth. Used instead of the oath by a witness who has no religious belief, or has religious beliefs that prevent them taking the oath.
Appeal: challenge to the accused's conviction and/or sentence. The prosecution can only appeal against an unduly lenient sentence.
Appear on petition: accused's preliminary (first) appearances in court. These are held in private. The accused will be granted bail or remanded in custody.
Bail: when the accused is released from custody by a court. The accused has to agree to certain conditions before they are released. See also undertaking.
Charge (to the jury): the judge's legal direction to a jury in matters of law and evidence before they decide on their verdict. Citation: formal letter from the Procurator Fiscal which tells a witness to attend court to give evidence at a trial. It says where the court is, and the date and time the witness has to be there.
Clerk of Court: assists the judge and is responsible for the smooth running of the court.
Committal for further examination ( CFE): at the end of the accused's first court appearance they will either be granted bail or remanded in custody until full committal for trial.
Corroboration: an accused cannot be convicted of a crime unless there is evidence from at least two independent sources that the crime was committed and that the accused was responsible for it.
Counsel: the advocate who acts for either the prosecution or the accused (a different advocate acts for each).
Court familiarisation visit: chance for witness to see round a court before the trial.
Crown Counsel: senior prosecutors (also called Advocates Depute) who decide whether a criminal prosecution should take place against whom and on what charges.
Custody: person is kept in prison before a court appearance, unless they are in police custody, when they are kept in a police cell.
DNA: Deoxyribonucleic Acid - substance found in all cells of the human body including body fluids such as blood. Samples of DNA may provide evidence (for example of the identity of the attacker).
Forensic evidence: the scientific evidence collected from a victim, a crime scene and others, such as fingerprints and DNA. Samples may be gathered from a victim by 'forensic examination'.
Full committal ( FC): The second appearance by the accused in court (if they were remanded at committal for further examination). It takes place in private. It is held to confirm that the accused should be brought to trial. The accused will be granted bail or remanded in custody.
Indictment: the document that sets out the charge(s) in writing. It is given to the accused so that they know what they are accused of.
Judge: presides over cases heard in the High Court. In a Sheriff Court, the judge is called a sheriff. The judge oversees the trial and decides on the sentence.
Jury: 15 members of the public, chosen randomly, who listen to the evidence and decide on the verdict.
Law Officers: the most senior legal figures - the Lord Advocate and the Solicitor General.
Licence: when an offender is released from prison before the end of their sentence, the licence sets out the conditions of behaviour which they must meet.
Lord Advocate: Scotland's senior prosecutor with overall responsibility for prosecuting crime.
Macer: officer of court who attends to the judge and assists with witnesses and productions in the trial.
Oath: promise to tell the truth by raising your right hand and swearing 'by almighty God'. See also affirmation.
Parole: when an offender is let out of prison before the end of the sentence. The release is subject to licence. The offender is still under supervision in the community.
Petition: the first document which sets out the charge(s) against the accused and starts the formal court process.
Plea: the accused's answer to the charge(s). There is no trial if they plead guilty.
Plea in mitigation: any factors that the accused's counsel thinks should be taken into account before the judge passes sentence.
Precognition investigation: the process of getting information from witnesses to find out what they know about a crime. This usually involves interviewing witnesses and taking a statement. It is done by the prosecution ( Procurator Fiscal or precognition officer) and may also be done by the defence (solicitor or precognition agent).
Proceedings: general term for the court process.
Procurator Fiscal ( PF or fiscal): a qualified lawyer who is the public official responsible for investigating rape and sexual assault on behalf of the Crown.
Productions: documents shown as evidence in court during a trial. Other items such as clothing are called 'labels'.
Remand or remanded in custody: when a person is kept a police cell or prison before a court appearance.
Sentence: the punishment imposed on the accused such as time in prison.
Sentence discount: when the judge reduces the length of sentence because the accused has pleaded guilty. The discount should be stated in court and should not be more than a third of the maximum available sentence.
Sheriff: judge in the Sheriff Court.
Solemn procedure: when a trial takes place in front of a judge and jury.
Special measure: a form of support which may be considered for a witness to help them give evidence.
Undertaking: often called police bail. After the police arrest someone they may release them from the police station if the person signs a document undertaking (promising) to come to court on the date the police have given them. They must agree to other conditions such as not committing any other crimes.
Verdict: the decision made by the jury. The options are guilty, not guilty or not proven.
Warrant: a court document which allows the police to take certain action such as to arrest someone or search premises.
Witness: person who gives evidence to the court.
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