Glossary

Crown

Glossary

Alternative name for the prosecution in criminal cases brought in the name of the Queen or King, under the title Regina or Rex. Thus a case cited as R v Brown may be spoken about orally as “The Crown against Brown”. Most public criminal prosecutions in England and Wales are brought by the Crown Prosecution Continue reading

Crown Prosecution Service (CPS)

Glossary

Independent public body headed by the Director of Public Prosecutions (DPP) and  charged with the management of criminal prosecutions in England and Wales. The CPS decides which cases that have been investigated by the police and other investigative organisations should be prosecuted. It determines the appropriate charges in more serious or complex cases, and advises Continue reading

Cur. adv. vult

Glossary

Cur adv vult or CAV are abbreviations for Curia advisari vult, which is Latin for “the court wished to be advised”. It is used in a law report to indicate that the court’s judgment was reserved, as opposed to being given extempore. Continue reading

Defence

Glossary

The process of defending (resisting or opposing) a criminal or civil case, or the argument or document put forward in response to such a case. A person who defends a case is known as the defendant, but their legal team is collectively known as “the defence”. In a criminal case, a defence is an argument Continue reading

Defendant

Glossary

The person against whom a criminal prosecution or a civil claim in law is brought. In Scotland the word used is defender. In criminal cases the person may also be described as the accused, or in older reports, the prisoner.   Continue reading

Design rights and registered designs

Glossary

A design is defined by section 213 of the Copyright, Designs and Patents Act 1988 as “the design of the shape or configuration (whether internal or external) of the whole or part of an article”. A design right is a property right relating to an original design, which comes into existence only once it has Continue reading

Director of Public Prosecutions (DPP)

Glossary

The DPP is the head of the Crown Prosecution Service (CPS) and the third most senior public prosecutor after the Attorney General (AG) and the Solicitor General (SG). The current DPP is Alison Saunders. Website: www.cps.gov.uk/basic-page/director-public-prosecutions Continue reading

Doli incapax

Glossary

This Latin phrase refers to the presumption in law that a child is incapable of forming the criminal intent to commit an offence. Until its abolition in English law by section 34 Crime and Disorder Act 1998, it operated as a defence based on the presumption that a child under 14 years old was incapable of committing Continue reading

Donatio mortis causa

Glossary

Latin for a gift dependent on death. The gift must be made during the donor’s life but in contemplation of, and contingent upon, their death. Sometimes known as a deathbed gift. The concept derives from Roman law. There is a discussion of its origins and meaning in King v Dubrey [2015] EWCA Civ 581; [2016] Continue reading

Double jeopardy

Glossary

A plea in criminal proceedings, based on the principle that a person should not be tried twice for the same offence arising out of the same circumstances. It is a procedural defence to a criminal charge, that the defendant has already been tried and acquitted or convicted on the same charge. If so, the court Continue reading