BSB Criminal Litigation key terms

The lawful deprivation of a person's liberty by a police officer or citizen, requiring a power under PACE or common law and reasonable grounds to suspect involvement in an offence.

The objective threshold, judged on the facts known at the time, that justifies a police officer exercising coercive powers such as arrest or stop and search under PACE.

The formal wording used by police to tell a suspect that they need not answer questions but that silence may later be used against them in court.

The PACE right of a detained suspect to consult a solicitor privately at any time, which can be delayed only in limited serious-offence situations and with senior officer authorisation.

A parent, guardian, social worker or trained volunteer who supports a juvenile or vulnerable adult in police detention and interview, helping them understand and take part fairly.

The two-stage test in the Code for Crown Prosecutors: there must be sufficient evidence for a realistic prospect of conviction, and a prosecution must be in the public interest.

The statutory presumption that an accused person should be released on bail, subject to exceptions such as substantial grounds for believing they would abscond, reoffend or interfere with witnesses.

Release on bail subject to requirements such as residence, curfew, reporting to police or avoiding contact with witnesses, imposed to manage statutory risks and sometimes supported by a surety.

A person who undertakes to pay a specified sum to the court if the defendant fails to surrender to bail, providing both an incentive to attend and a form of security.

Detention of an accused in prison while awaiting trial or sentence after bail has been refused, or where no bail application has yet been made.

The statutory maximum period a defendant may be held in custody before trial, for example 56 days for summary matters and 182 days for indictable cases, extendable on application.

The prosecution's limited right, under the Bail (Amendment) Act 1993, to appeal to the Crown Court against a magistrates' court decision granting bail in certain cases.

The prosecution's duty under the Criminal Procedure and Investigations Act 1996 to reveal material that may undermine its case or assist the defence, including unused material.

A written statement served by the defence setting out the nature of its case, the issues in dispute and any alibi, which triggers a further round of prosecution disclosure.

Relevant material gathered by investigators but not relied on by the prosecution, which must be recorded, scheduled and reviewed so that disclosable items reach the defence.

A ground for withholding sensitive material from disclosure where the public interest in keeping it secret outweighs the interests of justice, decided by the court after an ex parte hearing.

The prosecution's obligation to keep disclosure under review throughout proceedings and to reveal further material as it arises, not merely at one initial stage.

An offence that may be tried either in the magistrates' court or the Crown Court, with the choice determined at allocation after considering guidelines and representations.

The procedure by which magistrates decide whether an either-way case stays for summary trial or is sent to the Crown Court, applying mode of trial guidelines and hearing representations.

The procedure that transfers an indictable-only or allocated either-way case to the Crown Court, replacing committal proceedings, and sets the timetable for the plea and trial preparation hearing.

A hearing after a guilty plea where the facts relied on by the prosecution are disputed, at which evidence is called so the court can decide the basis for sentencing.

Adjustments available for vulnerable or intimidated witnesses, such as screens, live links, recorded evidence-in-chief or intermediaries, so they can give their best evidence at trial.

The obligation on a party to prove a fact to the required standard; in criminal trials it generally rests on the prosecution to prove each element of the offence beyond reasonable doubt.

The degree of certainty required to discharge a burden: beyond reasonable doubt for the prosecution, and the balance of probabilities where the defence bears a burden, such as insanity.

An out-of-court statement offered in evidence to prove the truth of its contents, generally inadmissible in criminal trials unless a statutory or common law exception applies.

Evidence of a defendant's previous convictions or other misconduct, admissible only through statutory gateways such as propensity, context or an attack on another person's character.

The court's power to exclude a confession obtained by oppression, or in circumstances likely to make it unreliable, so that it cannot be used against the defendant.

A discretion to exclude prosecution evidence, including confessions, where admitting it would have such an adverse effect on the fairness of the proceedings that the court ought not to admit it.

A judicial warning, required whenever identification is disputed, explaining the special need for caution and the possible weaknesses of identification evidence, given to the jury or magistrates.

Framework produced by the Sentencing Council giving offence ranges, starting points and aggravating or mitigating factors, which courts must follow unless it is contrary to the interests of justice.

A reduction in sentence reflecting how early the defendant pleaded guilty, commonly one-third at the first hearing and decreasing as the trial date approaches.

A probation service report assessing the offender's background, risk and suitability for different sentences, normally required before a custodial or community order is imposed.

The rule that where an offender is sentenced for several offences the overall sentence must be just and proportionate, rather than simply the sum of each individual sentence.

Sentences for two or more offences that run at the same time, typically used where the offences are connected, so the total time served reflects the most serious offence.

The test applied by the Court of Appeal when allowing an appeal: whether, in light of any error, irregularity or new evidence, the conviction is unsafe.

The permission needed before an appeal against conviction or sentence can proceed in the Court of Appeal, granted by a single judge or, if refused, renewed to the full court.

New evidence that was not adduced at trial, which the Court of Appeal may receive if it is capable of belief and might provide a ground for allowing the appeal.

An independent public body that investigates suspected miscarriages of justice and may refer a conviction or sentence back to the Court of Appeal.

An appeal from a magistrates' court or the Crown Court to the High Court by way of case stated, asking it to rule on a point of law or jurisdiction.