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Decoding Legal Terms – A Glossary

In Scotland, the journey through the criminal justice system for survivors of rape and sexual assault is a real concern. Despite efforts to make things better, many survivors still feel let down by the system, which can be really tough. 

One big issue is that lots of survivors hear about others’ bad experiences with the legal system and decide not to come forward. It’s not right that the system is putting people off from seeking justice. Read our blog on legal terms to help demystify the journey through the legal process.

[Reading Time: 5-6 mins]

As we dive into this glossary, please remember that The STAR Centre’s advocacy workers are here to help. We’re all about supporting survivors, giving guidance, and being a voice in the legal maze. We hope this glossary helps shed some light on things and if you or someone you know needs help, reach out to us through our referral page. We’re here for you, always. 

A

Accused: Refers to the person/s alleged to have committed the crime  

Adjournment: A break in court proceedings. It may be for lunch, overnight or a new date entirely.  

Advocate: A lawyer, also known as Council. There are advocates for both prosecution and the defence. 

Advocate Depute: An experienced prosecutor who appears in the High Court. They make decisions in serious cases and Fatal Accident Inquiries. Advocate Deputes also provide advice to the Procurator Fiscal on complex or sensitive legal issues.  

Allegation: A claim or accusation that has been made but not yet proved.  

Appeal: A challenge to conviction and/or sentence.  

B

Bail: Condition imposed upon an accused person by the Court. 

C 

Charge: The crime that the accused person is alleged to have committed. 

Citation: The documentation that tells a witness or juror where and when to go to court.  

Complainer: A survivor may be referred to as a ‘complainer’ by police/COPFS. 

Conviction: When a person accused of a crime pleads guilty, or the court finds them guilty after a trial, they are convicted of the offence.  

Corroboration: An Accused person cannot be convicted in Scotland unless there is evidence from at least two separate sources. This is called corroboration.  

Cross-examination: First 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 offender’s institution, or a police cell. 

E 

Evidence: What a witness says during a trial is evidence. Evidence can also be in the form of physical items such as documents, photographs, clothes, & CCTV footage.  

Evidence on Commission/Evidence in Chief: Survivor provides evidence in advance of the trial. During this they are questioned by the prosecution and cross-examined by the defence. It is recorded and played at the trial.  

Extended sentence: A sentence that involves time in custody followed by a period of being supervised in the community.  

F

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 a crime scene. Fingerprints, DNA, and blood samples are examples of this.  

G

Guilty: A verdict that means it has been proved beyond a reasonable doubt that the accused as committed the crime. 

H

Hearing: Refers to a Court Hearing. 

I

Indictment: A document in solemn proceedings that sets out the charges the accused person faces. 

Investigative Liberty (IL): Suspect is released on an IL which lasts for a maximum of 28 days to allow for more information to be gathered by Police.  

J

Jury: Members of the public selected at random from the electoral register to listen to evidence in a criminal trial (High Court or Sheriffs Court). After hearing the facts of the case, the Jury will be asked to reach a verdict. In criminal cases there are 15 jurors.  

Justice of the Peace: 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). 

L

License: An offender may be released from prison ‘on license’ to serve the rest of their sentence in the community. The offender will have to follow certain conditions (rules) while on license.  

N

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 a reasonable doubt. 

P

Parole: When a long-term prisoner is released on license 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 license. 

Petition: In criminal cases, a petition is a legal document which sets out the first draft of changes against an accused in solemn proceedings. It starts the formal court process.  

Plea: At the beginning of a criminal case, the court asks the accused if they are guilty or not guilty. The answer they give the court is called the plea. 

Precognition: An interview of a witness by a procurator fiscal or defence lawyer. It helps them find out more about a crime or prepare for a court case. 

Procurator Fiscal: Also known as the PF of the Fiscal. Investigating agencies such as the police, report crimes to the procurator fiscal. The procurator fiscal then decides what action to take. This includes whether to prosecute someone. Fiscals are legally qualified.  

R

Remanded: When the accused is refused bail and held in prison awaiting trial.  

S

Scottish Children’s Reporter Administration: The national organisation for Children’s Reporters. SCRA focusses on children and young people who are at most risk. Children’s Reporters made decisions about the need to refer a child or young person to a Children’s Hearing. 

Sheriff & Jury: Cases that are heard before a Sheriff (judge) and Jury in the sheriff court. Most cases in Scotland are dealt with in the sheriff court.  

Solemn Case: A serious criminal case that is heard before a Judge and Jury of 15 people in the High Court of a Sheriff and Jury of 15 people in the Sheriff Court.  

Soul & 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 Measure: Different ways to help support vulnerable witnesses when given 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 Case: Less serious criminal cases that are heard before a Sheriff or Justice of the Peace. No jury is present.  

T

Trial: The court hearing that establishes the facts in a case by leading of evidence. Evidence is led by the prosecution and the defence (if the defence chooses to lead evidence on the behalf of the accused).  

V

Verdict: The decision reached at the end of a trial by a Judge, Sheriff, Justice of the Peace, or Jury - guilty, not guilty, or not proven.  

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 consider different factors, including the victim impact statement, when they sentence the offender.  

W

Warrant: A document granted by the court, giving police officers the authority to arrest someone.