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  • A

    • ABSOLUTE DISCHARGE

      Added - 09 Thu March 2006


      An absolute discharge may be imposed where punishment is considered inappropriate. The offender while found guilty, is not further liable for the offence.

    • ACCUSED

      Added - 09 Thu March 2006


      The accused is a person who has been charged and who has allegedly committed the offence.

    • ACQUITTAL

      Added - 09 Thu March 2006


      An acquittal is the discharge of a defendant(s) following a verdict or direction of not guilty.

    • ADVOCATE

      Added - 09 Thu March 2006


      An advocate is a barrister or solicitor representing a party in a hearing before a Court.

    • AFFIRMATION

      Added - 09 Thu March 2006


      An affirmation is a declaration by a witness that he/she has no religious belief or has religious beliefs that prevent them from taking the oath i.e. I do solemnly, sincerely and truly declare and affirm that the evidence I shall give shall be the truth, the whole truth and nothing but the truth.

    • ANTI-SOCIAL BEHAVIOUR ORDERS (ASBO)

      Added - 09 Thu March 2006


      An ASBO is a civil order granted by a court. The Police, Northern Ireland Housing Executive and District Councils may apply for an ASBO. An ASBO may also be granted where an individual is convicted of a criminal conviction.

    • APPEAL

      Added - 09 Thu March 2006


      An appeal is an application to a higher Court or authority for a review of a decision of a lower Court or authority.

    • APPEAL COURT

      Added - 09 Thu March 2006


      The appeal court is the higher court to which cases are sent when either the defence or prosecution wish to challenge the result from a Magistrates or Crown Court.

    • ARREST

      Added - 09 Thu March 2006


      An arrest is the lawful detention by a police officer.

    • ATTORNEY GENERAL

      Added - 09 Thu March 2006


      The Attorney General is a Government Minister responsible for prosecutions.

  • B

    • BAIL

      Added - 09 Thu March 2006


      Bail is the release of a defendant from custody, until his/her next appearance in Court, subject sometimes to security being given and /or compliance with certain conditions.

    • BAR

      Added - 09 Thu March 2006


      The Bar is a collective term for barristers.

    • BRIEF

      Added - 09 Thu March 2006


      A brief is written instructions to counsel to appear at a hearing on behalf of a party prepared by a solicitor and setting out the facts of the case and any case law relied upon.

  • C

    • CHARGE

      Added - 09 Thu March 2006


      A charge is a formal accusation against a person

    • Chief Inspector of Criminal Justice

      Added - 09 Thu March 2006


      The Criminal Justice Review recommended the creation of a statute-based, independent Criminal Justice Inspectorate Northern Ireland (CJINI) to have responsibility for inspecting and ensuring the inspection of all aspects of the criminal justice system excluding courts.

    • CIVIL

      Added - 09 Thu March 2006


      The term civil refers to matters concerning private rights and not offences against the state

    • COMBINATION ORDER

      Added - 09 Thu March 2006


      A combination order is a mixture of a probation order and a community service order, and is intended for those offenders who the courts believe should make some reparation to the community and who need probation supervision to reduce the risk of re-offending in the future.

    • COMMITTAL PROCEDURE

      Added - 09 Thu March 2006


      The committal procedure refers to the type of details recorded which include full name, current address, marital status, next of kin, religion and national insurance number. The prisoner is photographed, weighed and their height and distinguishing marks recorded. During committal procedures prisoners undergo a health check/screen. They are interviewed by staff to identify any immediate concerns which need to be addressed.

    • COMMON LAW

      Added - 09 Thu March 2006


      Common law is the law established by previous cases decided.

    • COMMUNITY RESPONSIBILITY ORDER

      Added - 09 Thu March 2006


      A community responsibility order can be imposed on a person under 18 years of age. This involves between 20-40 hours of practical activities and a course in citizenship.

    • Community Safety Partnerships (CSP's)

      Added - 09 Thu March 2006


      Community Safety Partnerships (CSPs)in keeping with the Community Safety Strategy (NI) 2003, Community Safety Partnerships (CSP's) have been established in each of the 26 District Council areas and each of the CSPs are engaged in the development and implementation of a 3 year local community safety strategy. The key objective of a CSP is to strengthen the impact of individual organisations in their drive to promote community safety in local areas.

    • CONDITIONAL DISCHARGE

      Added - 09 Thu March 2006


      A conditional discharge order imposes a condition upon the offender, i.e. that the offender commits no further offence for a specified period up to 3 years. If the condition is broken, the person may be dealt with for the earlier and current offence.

    • CONVICTION

      Added - 09 Thu March 2006


      A conviction is when an offender has pleaded or been found guilty of an offence in a court he/she is said to have been convicted. The conviction then appears on the offender's criminal record.

    • COUNSEL

      Added - 09 Thu March 2006


      A 'counsel' is a Barrister

    • COURT CLERK

      Added - 09 Thu March 2006


      The court clerk sits in the centre seat in front of the magistrate. They are responsible for calling the cases before the court, recording the results and administering the oath or affirmation to any person giving evidence in court.

    • COURTS

      Added - 09 Thu March 2006


      There are different types of court in Northern Ireland. All criminal cases, even the most serious, such as murder, begin in a magistrates' court.

    • CRIMINAL

      Added - 09 Thu March 2006


      A criminal is a person who is guilty of a criminal offence

    • CRIMINAL CASES REVIEW COMMISSION

      Added - 09 Thu March 2006


      This Commission is an independent body responsible for investigating suspected miscarriages of criminal justice in England, Wales and Northern Ireland, with one Commissioner who oversees all Northern Ireland cases.

    • CRIMINAL JUSTICE BOARD

      Added - 09 Thu March 2006


      The Criminal Justice Board which is made up of the heads or senior representatives of the seven main statutory criminal justice organisations (PSNI, NIPS, NICtS, PBNI, NIO, PPS, YJA), works jointly to support Ministers in driving forward the reform and modernisation of the criminal justice system in Northern Ireland.

    • Criminal Justice System Northern Ireland (CJSNI)

      Added - 09 Thu March 2006


      The purpose of the CJSNI is to deliver a criminal justice system which serves and protects the people of Northern Ireland and in which the whole community can have confidence.

    • CROWN COURT

      Added - 09 Thu March 2006


      Although many cases are entirely dealt with by the magistrates' court, the more serious ones are sent or committed to a Crown Court.

  • D

    • DEFENDANT

      Added - 09 Thu March 2006


      The defendant sits in the 'dock' accompanied by prison officers. If the defendant is a youth, they sit next to the dock.

    • DEFERRED SENTENCE

      Added - 09 Thu March 2006


      A deferred sentence refers to after conviction, when a person may have the passing of sentence deferred for a period of up to 6 months. Sentence is passed after changes (if any) in the circumstances of the case have been assessed. For example, the offender may have made some form of reparation.

    • DEFERRENCE

      Added - 09 Thu March 2006


      Deferrence is a means of detering people from committing crimes

  • E

    • EQUITY MONITORING

      Added - 09 Thu March 2006


      Equity monitoring is a process by which the criminal justice system in Northern Ireland aims to capture information about people going through the justice system, to ensure they are being treated fairly, regardless of their background.

  • F

    • FINE

      Added - 09 Thu March 2006


      A fine is a sentence of the court which involves the offender paying money to the court as punishment for their crime.

  • I

    • IMPRISONMENT

      Added - 09 Thu March 2006


      Imprisonment is the most severe penalty ordinarily available to the courts. The length of a term of imprisonment is determined either by statute or a judge or magistrate in a common law case.

    • INCAPACITATION

      Added - 09 Thu March 2006


      Incapacitation means physically removing dangerous criminals so that they cannot harm society.

  • J

    • JUDGE

      Added - 09 Thu March 2006


      A judge is an officer appointed to administer the law and who has the authority to hear and try cases in a Court of Law.

    • JURY PANEL

      Added - 09 Thu March 2006


      A Jury Panel is made up of members of the public randomly selected from the electoral register by a computer programme and summonsed to attend court by a specific date.

    • Justice Oversight Commissioner (JOC)

      Added - 09 Thu March 2006


      The Justice Oversight Commissioner is independent of Government and is responsible for monitoring and reporting bi-annually on progress of the Criminal Justice Review.

    • JUVENILE JUSTICE CENTRE

      Added - 09 Thu March 2006


      A child will normally be sent to the Juvenile Justice Centre Northern Ireland (JJCNI) directly from the courts.

    • JUVENILE JUSTICE CENTRE ORDER

      Added - 09 Thu March 2006


      The Juvenile Justice Centre Order is for a fixed period between six months and two years with half of the sentence served under supervision by a Probation Officer in the community. It is available to young people up to and including 17 years of age.

  • M

    • MAGISTRATES' COURTS

      Added - 09 Thu March 2006


      In a magistrates' court the magistrate listens to the evidence and decides whether the defendant is guilty or not guilty and, where appropriate, determines the sentence.

  • N

    • Northern Ireland Court Service (NICtS)

      Added - 09 Thu March 2006


      The role of the NI Court Service (NICtS) is to serve the community through the administration of justice in Northern Ireland. Through: - facilitation of conduct of the business of the courts; - effecting judgments to which Judgments (NI) Order 1981 apply; and - the provision of policy advice and legislative support to the Lord Chancellor

    • Northern Ireland Office (NIO)

      Added - 09 Thu March 2006


      The Northern ireland Office's role is to support and help develop an efficient, effective and responsive criminal justice system in NI by working in partnership to: - modernise the criminal justice system and promote community confidence in it; - reduce criminality and the fear of crime; and - develop and maintain a relevant body of criminal law.

    • Northern Ireland Prison Service (NIPS)

      Added - 09 Thu March 2006


      The Northern Ireland Prison Service's role is to provide prison services in Northern Ireland. Statutory duties are set out in the Prison Act (NI) 1953 and rules made under the Act.

  • O

    • OATH

      Added - 09 Thu March 2006


      The oath is as follows "I swear by....(according to religious belief) that the evidence I shall give shall be the truth, the whole truth and nothing but the truth".

  • P

    • PENALTY POINTS

      Added - 09 Thu March 2006


      The purpose of the penalty points system is to encourage the court to impose periods of disqualification on offenders who are guilty of a number of road traffic offences which are relatively minor in their own right. Disqualification can be imposed where the offender accumulates 12 penalty points within 3 years.

    • Police Service of Northern Ireland (PSNI)

      Added - 09 Thu March 2006


      The Police Service of Northern Ireland (PSNI)investigate crimes, gather evidence and charge offenders. The PSNI role is to make NI safer for everyone through professional, progressive policing.

    • Probation Board for Northern Ireland (PBNI)

      Added - 09 Thu March 2006


      The PBNI provide information to the courts about offenders and protect the public by trying to prevent re-offending.

    • PROBATION OFFICER

      Added - 09 Thu March 2006


      Probation Officers are in attendance at criminal court hearings. Their main role is to provide assessments of defendants, usually in the form of Pre-Sentence Reports, before the defendants are sentenced.

    • Public Prosecution Service (PPS)

      Added - 09 Thu March 2006


      The PPS decide whether someone should be prosecuted for a crime and prosecute the case in court.

  • R

    • REHABILITATION

      Added - 09 Thu March 2006


      Rehabilitation offers offenders the chance to change.

    • REMAND PRISONERS

      Added - 09 Thu March 2006


      Remand prisoners have not been convicted of any offence and are usually detained in custody until the charges against them have been heard or until after their trial/sentence.

    • RESIDENT MAGISTRATES' BENCH

      Added - 09 Thu March 2006


      The resident magistrate (magistrate) who occasionally wears a blue gown, sits in the centre seat of the magistrates' bench and should be addressed as 'Your Worship'.

    • RESTORATION

      Added - 09 Thu March 2006


      Restoration gives offenders the chance to make amends to their victims and/or the community.

    • RESTORATIVE JUSTICE CONFERENCE

      Added - 09 Thu March 2006


      A restorative justice conference aims to balance the needs of the victim and the young offender by providing a forum for discussion between the young person, the victim and all those affected by the crime. Collectively they will try to agree how to deal with the aftermath of the offence and its implications for the future.

  • S

    • SENTENCING

      Added - 09 Thu March 2006


      In all court cases only the judge can decide on the appropriate sentence. There are various options open to the judge depending on the severity of the crime. In certain circumstances the defendant may appeal to the Court of Appeal.

    • SUSPENDED SENTENCE

      Added - 09 Thu March 2006


      A suspended sentence is a custodial sentence which will not take effect unless there is a subsequent offence within a specified period.

  • T

    • THE DEFENCE

      Added - 09 Thu March 2006


      The defence solicitors and counsel sit on the benches behind the prosecution. If their client is pleading guilty or has been found guilty of the charge, they enter a plea of mitigation to the court (this is a plea to reduce the sentence by explaining why the defendant carried out the offence). If they plead not guilty or the case is contested the defence and the prosecution have the opportunity to examine and cross-examine the witnesses.

    • THE PROSECUTION

      Added - 09 Thu March 2006


      The Public Prosecution Sevice (PPS) puts the case against the defendant. The prosecution must prove their case beyond all reasonable doubt.

  • W

    • WITNESSES

      Added - 09 Thu March 2006


      Witnesses are called in turn to the witness box and are questioned by both the prosecution and the defence.

  • Y

    • Young Citizens' Passport

      Added - 09 Thu March 2006


      The Young Citizens' Passport provides information for young people on a variety of legal issues, ranging from education and leisure to the European Union.

    • YOUNG OFFENDERS CENTRE

      Added - 09 Thu March 2006


      At Young Offenders Centre's offenders between 16 and 20 years of age can be detained if they commit an offence which, if someone 21 or over had committed it, would be punishable with imprisonment. The maximum term is 4 years.

    • YOUTH CONFERENCE SERVICE

      Added - 09 Thu March 2006


      The Youth Conference Service is part of the Youth Justice Agency. It aims to balance the needs of the victim and the young person by together agreeing plans of action which satisfy the victim and create opportunities for the young person to make amends and stop committing crime. These conferences are arranged at the request of the PPS or the court.

    • YOUTH COURT

      Added - 09 Thu March 2006


      The youth court is a section of the magistrates' court but is less formal. When a young person is charged with an offence, they will normally appear before a youth court. However if a young person is charged jointly with an adult the trial may be held in a magistrates' court or, in serious offences such a murder, in the Crown Court.

    • Youth Justice Agency (YJA)

      Added - 09 Thu March 2006


      The Youth Justice Agency caters for the needs of young people in the Criminal Justice System Northern Ireland (CJSNI) and help them to turn away from a path of crime.