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PENALTY NOTICES FOR DISORDER

What are Penalty Notices for Disorder (PND's)

Penalty Notices for Disorder (PND) can be issued to any individual over 16 years old committing more serious offences than those that can be dealt with by a penalty notice. Penalty Notices for Disorder (PND) are issued by Police for more serious offences, such as throwing fireworks, being drunk and disorderly, petty stealing or damaging property. Penalty notices are not the same as criminal convictions, but failure to pay the fine can result in higher fines or imprisonment.

PERCEPTIVE DISCRIMINATION

The Equality Act 2010 already applies to age, race, religion or belief and sexual orientation. Now extended to cover disability, gender reassignment and sex. This is direct discrimination against an individual because others think they possess a particular protected characteristic. It applies even if the person does not actually possess that characteristic.

PROTECTED CHARACTERISTIC

Under the Protection from Harassment Act 1997 , and the Equality Act 2010 it is illegal to taunt or harass or treat someone unfairly because they have a protected characteristic.

The Protected Characteristics:

  • Age
  • Disability
  • Gender Reassignment
  • Marriage and Civil Partnership 
  • Pregnancy and Maternity 
  • Race 
  • Religion or Belief 
  • Sex
  • Sexual Orientation

Where the law may come into effect:

Age

These Acts protects people of all ages however, being treated differently just because of your age is not unlawful direct or indirect discrimination, providing this can be justified. Age is the only protected characteristic that allows employers to justify direct discrimination.

Disability

The Acts have made it easier for a person to show that they are disabled and protected from disability discrimination. Under the Acts, a person is disabled if they have a physical or mental impairment which has a substantial and long term adverse effect on their ability to carry out every day activities such as using a telephone, reading a book or using public transport.
The Acts puts a duty on an employer to make reasonable adjustments for staff, to help them overcome disadvantage resulting from an impairment, for example by providing assistive technologies to help visually impaired staff use computers effectively.
The Acts include a new protection from discrimination arising from disability. This states that it is discriminative to treat a disabled person unfavourably because of something connected with their disability, for example to make spelling mistakes arising from dyslexia. This type of discrimination is unlawful where the employer or other person acting for the employer knows, or could reasonably be expected to know, that the person has a disability. This type of discrimination is only justifiable if an employer can show that it is a proportionate means of achieving a legitimate aim. Additionally, indirect discrimination now covers disabled people. This means that a job applicant or employee could claim that a particular rule or requirement you have in place, disadvantages people with the same disability. Unless you could justify this it would be unlawful.
The Acts also include a new provision which makes it unlawful, except in certain circumstances, for employers to ask about a candidate’s health before offering them work.

Gender reassignment

The Acts provide protection for transsexual people. A transsexual person is someone who proposes to, starts or has completed a process to change his or her gender. The law no longer requires a person to be under medical supervision to be protected – so a woman who decides to live permanently as a man but does not undergo any medical procedures would be covered. Transgender people such as cross dressers, who are not transsexual because they do not intend to live permanently in the gender opposite to their birth sex, therefore are not protected by the relevant Act.
It is discrimination to treat transsexual people less favourably for being absent from work because they propose to undergo, are undergoing or have undergone gender reassignment than they would be treated if they were absent because they were ill or injured. Medical procedures for gender reassignment such as hormone treatment, should not be treated as a ‘lifestyle’ choice.
 
Marriage and civil partnership

The Equality Act protects employees who are married or in a civil partnership against discrimination, single people are not protected.

Pregnancy and maternity

A woman is protected against discrimination on the grounds of pregnancy and maternity during the period of her pregnancy and any statutory maternity leave she is entitled. During this time, pregnancy and maternity discrimination cannot be treated as sex discrimination. As an employer, when making decisions about a womans employment, you must not take into account any period of absence to due to pregnancy-related illness .
 
Race
 
Under the Act, race includes colour, nationality and ethnic or national origins. A racial group can be made up of two or more different racial groups (eg Black Britons).

Religion or belief

In the Equality Act, religion includes any religion. It also includes protection for employees or jobseekers if they do not follow a certain religion or have no religious beliefs at all. Additionally, a religion must have a clear structure and belief system. Belief means any religious or philosophical belief or a lack of such belief. To be protected, a belief must satisfy various criteria, including that it is a weighty and substantial aspect of human life and behaviour. Denominations or sects within a religion can also be considered a protected religion or religious belief.

Sex

Both men and women are protected under the Equality Act.

Sexual orientation

The Equality Act protects bisexual, gay, heterosexual and lesbian people.

POLICE CAUTION WORDING SCOTLAND

"You are going to be asked questions about (give a brief description of all the suspected offences). You are not bound to answer but if you do your answers [will be noted] [will be tape recorded and may be noted] and may be used in evidence. Do you understand?"

POLICE CAUTION WORDING NORTHERN IRELAND

“You do not have to say anything, but I must caution you that if you do not mention when questioned something which you later rely on in Court, it may harm your defence. If you do say anything it may be given in evidence.”
The person cautioned is then asked “Do you understand?”

POLICE CAUTION WORDING ENGLAND & WALES

“You do not have to say anything. But it may harm your defence if you do not mention when questioned something which you later rely on in Court. Anything you do say may be given in evidence.”
The person cautioned is then asked “Do you understand?”


Where the use of the Welsh Language is appropriate, an officer may provide the caution directly in Welsh in the following terms:

“Does dim rhaid i chi ddweud dim byd. Ond gall niweidio eich amddiffyniad os na fyddwch chi’n sôn, wrth gael eich holi, am rywbeth y byddwch chi’n dibynnu arno nes ymlaen yn y Llys. Gall unrhyw beth yr ydych yn ei ddweud gael ei roi fel tystiolaeth.” 
The person cautined is then asked “Ydych chi’n deall?”

If the person does not understand or the officer doubts their understanding, the caution can be simpliified as follows:

"I am going to ask you some questions. You do not have to answer any of them unless you want to. But if you go to court and say something there which you have not told me about, and they think you could have told me, it may harm your case. Anything you do say may be repeated in court."


 

POLICE CAUTION (SEE CAUTION)

See "caution" for full definition

PURSUER (SCOTTISH LAW)

A pursuer in Scotland is the party who initiates a lawsuit before a Court of Scotland. The term is the same in civil and criminal proceedings. The pursuer is seeking a legal remedy, and if successful, the court will issue judgment in favour of the pursuer and make the appropriate court order (eg. an order for damages or find the defendant guilty and punish them.)

PERPETRATOR

A perpetrator is an individual who commits and offence or crime.

PRESCRIBED LIMIT

The prescribed limit refers to refers to the legal alcohol levels in your breath, blood and urine.
You can be found guilty of drink driving if you have the following levels of alcohol in your blood:
• 35 microgrammes of alcohol in a 100 millilitres of your breath.
• 80 milligrammes of alcohol in a 100 millilitres of your blood.
• 107 milligrammes of alcohol in a 100 millilitres of your urine.

PROOF HEARING (SCOTLAND)

In Scottish Law, a Proof Hearing is a formal hearing at which evidence is given and recorded 

PROCURATOR

A Procurator is a person who has been authorised to act for another.

PROCURATOR FISCAL (SCOTLAND)

In Scottish Law, a Procurator Fiscal is a public prosecutor acting under the control of the Lord Advocate. Their role is to investigate an offence and bring the prosecution. The role of Advocacy is often undertaken on the Procurator Fiscal’s behalf by an Advocate Depute.

PROCURATOR FISCAL (SCOTLAND)

In Scottish Law, a Procurator Fiscal is a public prosecutor acting under the control of the Lord Advocate. Their role is to investigate an offence and bring the prosecution. The role of Advocacy is often undertaken on the Procurator Fiscal’s behalf by an Advocate Depute.

PURPLE JUDGE

The term 'Purple  Judge' refers to Circuit Judges  who are senior Judges in Crown and County Court. Such judges wear purple dress robes must be addressed as 'Your Honour.

PURPLE JUDGE

The term 'Purple Judge' refers to Circuit Judges  who are senior Judges in Crown and County Court. Such judges wear purple dress robes must be addressed as 'Your Honour.

PUISNE JUDGE

A Puisne Judge(Pronounced Puny) is a High Court judge; any judge of the High Court other than the heads of each division. The word puisne means junior and is used to distinguish High Court judges from senior judges sitting at the Court of Appeal

PRIVY COUNCIL

A Privy Council is a body of people appointed by the Crown and may include royalty and former cabinet ministers. Its main purpose is to give confidential advice to the head of state, i.e The Queen.

Up to date information can be found at the Privy Council Office.

PLAINTIFF

A Plaintiff is an individual/body that instigates legal proceedings.

PUBLIC NUISANCE

In Criminal Law, Public Nuisance is a class of offence by which the general public may be put in danger or suffer damage to themself or their property.

PUBLIC MISCHIEF

A Public Mischief is when somone does something which causes damage to the community.

PROXY FORM

A Proxy Form is the form the Proxy must have to be able to vote in a meeting on others (shareholders) behalfs.

PROXY

A Proxy is a person who represents another, eg a shareholder, and can vote on their behalf at a meeting with a valid Proxy Form.

PROVOCATION

Provocation is aggravating someone, or displaying unfriendly behaviour which may cause resentment and anger to the degree that the other person may retaliate.

PROVISO

Proviso is a condition in a legal document which may exclude another condition within the document.

PROTECTED TENANCY

With reference to a tenancy agreement for a property, protected tenancy gives the tenant certain rights such as protection from eviction, proving the tenant keeps to the terms and conditions of the agreement.

PROSTITUTION

Prostitution is engaging in a sexual activty for money.

PROSPECTUS

A company may prepare a Prospectus if it wants people to invest in it. It is a formal document which outlines details of the company's past performance and its future plans.

PROPERTY

Property is the name given to anything that can be owned, tangible or intangible.

PROMISSORY NOTE

A Promissory Note is a written promise to pay a specified amount at a certain time.

PROMISOR

The term Promisor refers to the person who has promised something.

PROMISEE

The term Promisee refers to the person to whom a promise has been made.

PRODUCT LIABILITY

Product Liability is where manufacturers, distributors, suppliers, retailers, and others who make products available to the public are held responsible for any injuries those products may cause.

PROCURATOR

A Procurator is a person who has been authorised to act for another.

PROBATE REGISTRY

The Probate Registry handles the forms which are needed when someone applies for probate.

PRIVY PURSE

The Privy Purse is the name given to the allowance for the Monarch's personal expenses.

PRIVY COUNCIL

A Privy Council is a body of people appointed by the Crown and may include royalty and former cabinet ministers. Its main purpose is to give confidential advice to the head of state, i.e The Queen.

Up to date information can be found at the Privy Council Office.

PRIVILEGE

In law terms, a Privilege is where someone has special rights because of the job they do, for instance a diplomat of a foreign country is immune from arrest in the UK.

PRINCIPAL

In law, a Principal can mean one of several things, such as:

- In Commercial Law, a Principal is a person who authorises another to act for them, such as an agent to create a legal relationship with a third party.

- In Criminal Law, a Principal is someone who is primarily responsible for a criminal offence

- In Banking, Finance or Investment Law 'Principal' refers to an mount of money borrowed or invested, excluding interest.

 

PREFERENTIAL CREDITOR

A Preferential Creditor is a creditor who is to be paid in full before unsecured creditors can be paid anything.

PREFERENCE SHARES

Preference Shares are shares that pay dividends at a specified rate and have a preference over ordinary shares in the payment of dividends and the liquidation of assets, i.e. if a company is wound up the preference shares must be fully paid out before the ordinary shareholders are paid.

PROPERTY LAW

Property Law is the area of law that governs the various form of ownership in property, such as personal property and real property/real estate. In the civil law system, there is a division between movable and immovable property. Movable property roughly corresponds to personal property, while immovable property corresponds to real estate or real property.

PRE-EMPTION

Pre-emption is having the right to purchase something before others - a term often used in Property Law.

PRECEPT

A Precept is an order issued by a court to an official body, ie Police, HM Revenue & Customs or a Council, for example a writ or a warrant to order a payment or to do/not to do something.

PREAMBLE

A Preamble is an explanation or introduction to a bill or law setting out its purpose.

PRACTICING CERTIFICATE

A Practicing Certificate is a certificate issued by the Law Society each year and shows a person is authorised to practice law.

POSSESSORY TITLE

Possessory Title is gaining title of something through possession.

POSSESSION

Possession of something, is owning, or possessing something, ie a property.

POSSESS

Possess is a term used in Property Law and Conveyancing, and is to own, or have as ones property.

POLYGAMY

Polygamy is being married to more than one person at the same time.

POACHING

What is Poaching? (Legal definition of Poaching)

Poaching is taking an animal or wild plant unlawfully. The hunting or fishing of animals, and taking and/or eating wild plants without permission (and in some cases also a licence) is illegal. Local and international conservation and wildlife management laws must be respected and adhered to.

PLEDGE

A Pledge is allowing another to take possession of goods without the ownership transferring. It is often done to give security for money owed or to ensure something is done as promised.

PLEAD

To plead, is to declare whether you are guilty or not guilty to the court.

PLEA BARGAIN

A Plea Bargain is when the defendant pleads guilty as oppose to not guilty in return for a concession, such as dropping another charge.

PENALTY POINTS

Penalty Points are points given by a court to a driver of a vehicle for one or more of a number of possible driving offences. Once anyone receives a certain number of points, usually 12 within 3 years, then they are likely to lose their licence for a period of time.

PENALTY

In law, a penalty is the punishment given to a person who commits a crime, for example a a speeding fine is a penalty, or, a penalty is a sum of money to be paid if the terms of a contract are breached.

PAYEE

The payee is the person to whom money is paid.

PAWN

A pawn is a bailment or deposit of personal property to a creditor to secure repayment for some debt or engage. The actual property which constitutes the security is also referred to as pawn.

PATRICIDE

Patricide is the killing of a father by his own son or daughter.

PATENT

A Patent is a document which grants an official right for a specified time, for a person or organisation to be the only ones to make or sell something.

PASSING OFF

The term 'passing off' may be used to describe the action when goods or services are offered, acting as if they are supplied from a different business.

PAROLE

Parole is the early release of someone from prison. If someone is given parole they may be returned back to prison if they offend again.

PARDON

The Crown has the authority to reduce or withdraw penalties imposed by the courts. A Pardon is the forgiveness of a crime and the penalty that came with it.

PANEL

The list of people summoned for Jury Service may be referred to as the Panel.

PERVERTING THE COURSE OF JUSTICE

Perverting the Course of Justice is a criminal offence and is the act of doing something which interferes with the justice system, such as fabricating or disposing of evidence, intimidating or threatening a witness or juror, intimidating or threatening a judge.

PERSONATION

Personation is to portray another person, possibly fraudulently.

PERSONAL REPRESENTATIVE

A Personal Representative is a person who is appointed to administer the estate of a deceased person. If there is a will, then executors appointed will be the personal representatives. Where a person dies without a will, the court appoints an administrator.

PERSONAL PROPERTY

Personal property is all property that is moveable, not real estate.

PERSONAL GUARANTEE

A Personal Guarantee is a pledge by a person to a lender, to repay a debt on behalf the main borrower if they fail to make their repayments.

PERPETUITY

A Perpetuity is a payment which lasts forever, or for an unlimited duration. The law prevents things such as property being held in perpetuity as this may hinder the housing market by hampering the circulation of housing.

PERJURY

Perjury is lying in a court of law under oath.

PROBATION

In some instances when a court convicts someone of an offence, they may also order that the offender is supervised by a probation officer for a set period, which is a minimum of six months to a maximum of three years. This is known as probation and is an alterntaive to sending the offender to prison.

PROBATION SERVICE

The Probation Service provides probation supervision, community service, and specialist support services, to both adult and young offenders. The aim of the service is to stop individuals from committing further offences.

 

PROSECUTING LAWYER

The Prosecuting Lawyer briefs the prosecution Barrister on the case and liases with the defendant, the defence and in some cases the prosecution witnesses.
 

PROSECUTING COUNSEL

The Prosecuting Counsel presents and argues the case for the Crown. They take instructions (brief) from the prosecutung solicitor. The Prosecuting Counsel can deal direct with the case officer and may be a Queens Counsel (QC).

 

PARALEGAL

A paralegal is a person who assists lawyers in their legal work, and is responsible for researching, analyzing, and managing the daily tasks for cases.
Paralegals are not lawyers and are not authorized by the government to offer legal services in the same way as lawyers. Their duties must be supervised by a lawyer, who will be responsible for the paralegals work.

POWER OF ATTORNEY

A Power of Attorney is a document which gives power to the person appointed by it to act for the person who signed the document.

POWER OF APPOINTMENT

A Power of Appointment is a person giving a second person the power to dispose of the first persons property.

PRE-MARITAL AGREEMENT

A Pre Marital Agreement, also known as a Prenuptial Agreement, or an Antenuptial Agreement, is a legal agreement between two people who are about to get married. The agreement sets out how the couple's assets will be divided between them if they divorce at a later date.

PRENUPTIAL AGREEMENT

A Prenuptial Agreement, also known as an Antenuptial Agreement, or a Pre Marital Agreement, is a legal agreement between two people who are about to get married. The agreement sets out how the couple's assets will be divided between them if they divorce at a later date.

PRE-TRIAL CHECKLIST

A Pre-Trial Checklist is a reminder for the parties and the Judge, of the issues to be considered. It is completed before the trial and reviewed at a pre-trial review just before the final hearing.

PRELIMINARY HEARING

A Preliminary Hearing is a hearing in which the Judge ensures that the parties understand what they must do to comply with any directions, and offers guidance on matters such as the use of witnesses. A Preliminary Hearing is before the final hearing.

PRACTICE DIRECTIONS

Practice Directions are steps to be followed by parties to a dispute prior to legal action. The aim of them is to increase co-operation between parties and hopefully the chances of an early settlement.

POSSESSION CLAIM ONLINE (PCOL)

Possession Claim Online (PCOL) is an online service which allows claimants to start legal proceedings related to property. Defendants can also use the service to respond to a claim against them.

PARTICULARS OF CLAIM

A Particulars of Claim is a document containing details of the claimants claim which must be contained in the claim form. The particulars should be a consice statement of the facts of the claim.

PART 8 CLAIM

 A Part 8 Claim is an alternative procedure for issuing a claim to the court.

PRIVITY OF CONTRACT

Privity of Contract is the term  which describes the principle that parties which mutually sign the same contract, and only those parties, can sue or be sued under the terms of the contract.

PLANNING

Planning regulations are there to help shape the way our towns, cities and countryside develop.  This includes the use of land & buildings, the appearance of buildings, landscaping considerations, highway access and the impact that the development will have on the general environment.

For many types of building work, separate permission under both Planning Permission and Building Regulations will be required.  For other building work, such as internal alterations, Buildings Regulations approval will probably be needed, but Planning permission may not be.  If you are in any doubt what so ever, or need any further information you should contact your Local Planning Authority.

PARTY WALL

A Party Wall is a wall or in some cases a fence, which has been erected on the line between two properties, and is shared by both owners.

POST MORTEM

Post Mortem is the Latin term for 'After death', and is the examination of a deceased person to establish the cause of death.

PUBLIC INTEREST IMMUNITY (PII)

A court can grant an order allowing a prosecuting authority to refrain from disclosing evidence to the defence where disclosure would be damaging to the public interest. In making a Public Interest Immunity (PII) order, the court has to balance the public interest in the administration of justice and the public interest in maintaining the confidentiality of certain documents whose disclosure would be damaging. These proceedings are usually conducted Ex Parte.

PLEA AND CASE MANAGEMENT HEARING (PCMH)

The first hearing at Crown Court after committal is the plea and case management hearing ("PCMH"). A PCMH takes place in every case in the Crown Court, and its purpose is to ensure that all necessary steps have been taken in preparation for trial and sufficient information has been provided for a trial date to be arranged. The judge is required to exercise a managerial role with a view to progressing the case.

At this hearing, each defendant will enter a plea. If the defendant pleads guilty, sentencing may take place immediately or an adjournment may be requested. If the defendant pleads not guilty, then the prosecution and defence are expected to inform the court of any issues in the case.

A list of witnesses and their availability must be submitted to the Court along with exhibits and Prosecution papers to be used at trial, any formal admissions, and any point of law or question as to the admissibility of evidence which may arise. The court must be informed of the estimated length of the trial.

These matters are dealt with in a questionnaire, which must be completed by counsel for each party.

The defendant may use the PCMH to request an advance indication of sentence from the judge. The hearing is likely to be the first opportunity that the defendant has to make such a request, as the procedure is not available in the magistrates’ court.

At the PCMH, the judge will give directions with a view to dealing with the case justly and bringing it to trial quickly and efficiently.

 

PRE SENTENCE REPORTS

A Pre Sentence Report (PSR) is an impartial report assessing the reasons for a person's offending, and proposing actions to be taken to reduce the risk of further offending.

PLAINTIFF

A Plaintiff is an individual/body that instigates legal proceedings.

PRODUCTION ORDER

In criminal law, an order to have evidence produced by someone other than the accused. In civil law, an order that a party, or a third party with relevant documents, produce those documents for the purposes of the litigation.

PARTNERSHIPS IN BUSINESS

A partnership is a group of two or more people who have formed an association to carry on business with a view to a profit. Partnership law covers issues as to the formation of partnerships, disputes between partners, retirement of partners and dissolution of partnerships.

PATERNITY RIGHTS

Paternity is the legal term which describes the relationship between a father and his child.

Paternity Rights may be included in aspects of Family Law and also Employment Law.

Further information on Paternity Rights can be found at Direct.Gov.

PENSIONS LAW

Pensions law includes the creation, administration, management, operation and dissolution of private and occupational pension funds. It does not include issues which may arise regarding the state pension, which would be covered by Social Security and Welfare Law.

PERSONAL INJURY

This includes cases where individuals have been injured as the result of the negligence or with the fault of another person, whether in a road traffic accident, by tripping at work or on the highway or otherwise.

PLANNING LAW

Planning law regulates conservation, development and redevelopment and the use of land in general. In particular, planning issues include: compulsory purchase of land, planning appeals,  public inquiries, control of waste and enforcement of planning restrictions.

PRENUPTIAL AGREEMENTS

A Prenuptial Agreement, also known as a premarital agreement, is an agreement entered into before marriage and signed by both parties. It sets out each party's rights and responsibilities should the marriage come to an end by death or divorce. 

Solicitors who specialise in family law should be able to assist with prenuptial agreements.

PROFESSIONAL NEGLIGENCE

Professional negligence disputes relate to a claim that a professional has not acted with reasonable care and skill with the result that a person has been caused loss. Professional negligence claims are usually made against solicitors, barristers, architects, surveyors, engineers accountants, estate agents, financial advisers, actuaries, doctors and dentists.

PROPERTY INVESTMENT

Land and property law encompass all aspects of ownership and rights in and over land. Particular land law issues which may arise include: mortgage arrears and repossessions; boundary disputes; creation, user and obstruction of rights of way; right to light; rights of occupation; water rights; common land and restrictive covenants.

PROPERTY LITIGATION

Land and property law encompass all aspects of ownership and rights in and over land. Particular land law issues which may arise include: mortgage arrears and repossessions; boundary disputes; creation, user and obstruction of rights of way; right to light; rights of occupation; water rights; common land and restrictive covenants.

PROPERTY SALES AND PURCHASES

The official term for property sales and purchases is conveyancing. Please see CONVEYANCING.

PROPERTY TRANSFERS

Land and property law encompass all aspects of ownership and rights in and over land. Particular land law issues which may arise include: mortgage arrears and repossessions; boundary disputes; creation, user and obstruction of rights of way; right to light; rights of occupation; water rights; common land and restrictive covenants.

PUBLIC INQUIRIES

A public inquiry is an official review of events or actions ordered by a country's, state's, or province's government. A public inquiry differs from a Royal Commission in that a public inquiry accepts evidence and conducts its hearings in a more public forum and focuses on a more specific occurrence. Interested members of the public and organisations may not only make (written) evidential submissions as is the case with most inquiries, but also listen to oral evidence given by other parties.

PARTICULARS

Details relevant to a claim

PARTY

Any of the participants in a Court action or proceedings

PARTY AND PARTY COSTS

Costs that one party must pay to another

PATIENT

A person who is deemed incapable of handling his/her own affairs by reason of mental incapacity and who is under the jurisdiction of the Court of Protection

PENAL NOTICE

Directions attached to an order of a Court stating the penalty for disobedience may result in imprisonment

PERSONAL APPLICATION

Application made to the Court without legal representation

PERSONAL INJURY

This area of law covers help concerning claims for damages for injury caused by another person or organisation. For example, you may need advice on claiming following a traffic accident. You may want to know how you stand on the issue of an accident at work, or a disease you caught there.

PERSONAL SERVICE

Personal delivery (i.e. not by mail) of a claim, summons or notice

PETITION

A method of commencing proceedings whereby the order required by the petitioner from the Court is expressed as a prayer, e.g. the petitioner therefore prays that the marriage be dissolved (divorce proceedings)

PETITIONER

A person who presents the petition

PLAINT NOTE

see NOTICE OF ISSUE

PLAINT NUMBER

Old-fashioned term for Claim Number

PLEA

A defendant's reply to a charge put to him by a court; i.e. guilty or not guilty

PLEADINGS

Pleadings are documents stating the facts in a civil case prepared by both sides of the claim. This term was replaced with 'statement of case' in April 1999.

POSSESSION PROCEEDINGS

Legal proceedings by a landlord to recover land/property i.e. house, flat, garage etc

POWER OF ARREST

An order attached to some injunctions to allow the police to arrest a person who has broken the terms of the order

PRECEDENT

Precedent, is the decision of a case which established principles of law that act as an authority for future cases of a similar nature. Also see Binding/Judicial Precedent.

PRESIDENT OF THE FAMILY DIVISION

Senior judge and head of the family Division of the High Court of Justice

PRE-TRIAL REVIEW

A preliminary appointment at which the District Judge consider the issues before the Court and fixes the timetable for the trial

PROBATE

Probate is the term which relates to the process in which the estate of a deceased person is adminstered. All claims are resolved and distributed as per the persons will.

PROCESS

In law terms 'process' is referred to as:

- a summons or writ, issued by an authorised person to order someone to appear in court

- when a clain or subsequent action is filed through to completion

 

 

PROSECUTING LAWYER

Briefs prosecution Barrister on the case.Liases with defendant.(and sometimes with prosecution witnesses).Also liases with defence.

PROSECUTING COUNSEL

Presents and argues the case for the Crown.Takes instructions(their brief) from the prosecuting solicitor.Can deal direct with the case officer.May be a Queens Councel(QC).

PROSECUTION

Prosecution is when legal proceedings are brought against a person. Also, the team of people i.e lawyers etc, who carry out proceedings against somebody are referred to as 'The Prosecution'.

PROSECUTOR

The Prosecutor is the legal representative who brings legal proceedings against the accused on behalf of the Crown.

PUBLIC TRUSTEE

A person (usually a barrister or solicitor) appointed by the Lord Chancellor as:Trustee for Trusts managed by the Public Trust Office; Accountant General for Court Funds;Receiver (of last resort) for Court of Protection patients

PUISNE JUDGE

A Puisne Judge(Pronounced Puny) is a High Court judge; any judge of the High Court other than the heads of each division. The word puisne means junior and is used to distinguish High Court judges from senior judges sitting at the Court of Appeal

PUTATIVE FATHER

The Putative Father is the alleged or presumed father of an illegitimate child, determined by a court.