Hi All
Due to the success of the medical translation, we have decided to upload some standard court terms for translation this week!
I have laid them out in the same way as the medical terms in that the word(s) to be translated are in bold on the left hand side with a brief definition in brackets alongside to aid with the understanding of the word.
Have fun and thanks in advance
PEOPLE AND PLACESHigh Court of Justiciary (It deals with the most serious crimes. It can impose up to life imprisonment and there is no limit on the monetary penalty it can impose.)
Sheriff Court (Uses both summary and solemn procedure. In summary offences the Sheriff can fine up to £5000 and imprison a first offender for 3 months. Certain repeat offenders can be imprisoned up to 6 months. When using solemn procedure the Sheriff can imprison for up to 3 years, impose an unlimited fine, or if the Sheriff thinks the case is serious enough can remit the accused to the High Court for sentencing.)
District Court (Can imprison for up to 60 days or impose a fine not exceeding £2,500. Deals only with summary procedure, and more minor offences. Has a power to remit a case to the Sheriff court but this power is seldom exercised.)
Lord Advocate (The head of the prosecution service in Scotland. Issues instructions and guidance to Procurators Fiscal and to the police. The Lord Advocate, or more usually advocates depute will conduct trials in the High Court.)
Procurator Fiscal (Local prosecutors throughout Scotland, assisted by one or more Procurator Fiscal Deputes who conduct prosecutions in the Sheriff and District Courts and prepare serious cases by way of Precognition.)
Accused (The person who sits in the dock accused of committing the crime on the indictment or complaint.)
Defence Agent (This term includes the lawyers, a solicitor or advocate, who will act on behalf of an accused.)
Clerk (Each court will have a clerk who will normally sit in front of the judge and record the proceedings.)
LEGAL TERMS & PROCEDURESolemn Procedure (Uses a jury (of 15) to hear more serious cases. Notification of the charges is contained in an indictment that runs in the name of the Lord Advocate.)
Summary Procedure (No jury, hears more minor cases. Notification of the charges is contained in a complaint that runs in the name of the local Procurator Fiscal.)
Common Law (Has built up over time through custom and practice and decisions of the courts. Most crimes are crimes at common law, e.g. murder, rape, assault, theft.)
Statutory Law (Parliament either in Westminster or Edinburgh can legislate to make certain actions criminal. Such legislation may also alter the powers of sentencing. Examples include Road Traffic Act 1988 and Misuse of Drugs Act 1971.)
Public Interest (All crimes are prosecuted in the public interest. A prosecution can take place even where the parties involved have come to some form of private agreement. The Lord Advocate and Procurators Fiscal decide whether to prosecute.)
Precognition (The process by which a Procurator Fiscal prepares a case under solemn procedure. This will include interviewing witnesses at his/her office.)
Bail (An accused person may be released from custody on bail. Conditions are attached and extra conditions, such as not to enter a specified area or contact a named individual, may be imposed. Only a court can alter a bail order)
Social Enquiry Report (Prepared by a social worker who reports to the court on an accused's personal circumstances and their suitability for the various types of sentence.)
TYPES OF COURTCustody Court (Where people appearing from custody first appear. Under solemn procedure an accused will appear on petition and may be committed for further examination or fully committed until liberated in due course of law. The accused is not asked to plead guilty or not guilty)
Diet Court or Pleas Court (Under summary procedure the first calling of non-custody cases, when the accused is asked to plead guilty or not guilty.)
Intermediate Diet Court (For summary cases, a week or two before the trial, at which the accused must appear and state his/her plea and preparedness for trial.)
First Diet Court (For solemn cases, a week or two before the trial at which the accused must appear and state his/her plea and preparedness for trial.)
Trial Court (Where trials take place, can often be more than one in busier courts.)
Remand Court (Deal with continued business such as deferred sentences.)
Fines Enquiry Court (Where the court will ask an accused why they have not paid their fine. Can give them more time to pay, a supervised attendance order or order imprisonment.)
TYPE OF SENTENCEAbsolute Discharge (A court may in exceptional circumstances grant an absolute discharge; whilst the accused has been convicted, no criminal conviction is recorded against their name and they are free to go.)
Admonished (Warned by the court to behave.)
Community Service Order (Unpaid work for the community, administered by the Social Work Department.)
Deferred Sentence (Court may defer sentence for a number of reasons. It may defer for up to a year to see if an accused person has been of good behaviour.)
Disqualification (Court may disqualify an accused from driving for a specified period.)
Drug Treatment and Testing Order (Intensive form of probation in which an accused undertakes compulsory drug treatment and testing.)
Endorsement (In driving offences penalty points may be endorsed on a driving licence.)
Fine (Can be paid by instalments. Payments are to the clerk.)
Imprisonment (Sent to jail.)
Probation (Can involve additional conditions, such as to undergo medical treatment, but will involve compulsory meetings with a social worker to discuss the problems in an accused’s life, e.g. alcoholism, drug addiction.)
Supervised Attendance Order (If a fine is unpaid court may impose such an order requiring an accused to attend at a scheme run by the social work department.)
MORE TO FOLLOW IN A WEEK OR SO
Mon Feb 02, 2009 8:53 am
