Glossary - NICTS Statistical Publications
Glossary- NICTS Statistical Publications
Acquittal
A judgment or verdict that a person is not guilty of the crime with which they have been charged.
Additional Sitting
These are additional court sittings, not included within the regular court calendar, but planned in advance of the date of the sitting.
Adjourn Generally
A putting off or postponing of proceedings.
Adult Magistrates’ Business
Magistrates’ court criminal business in which the defendant is aged 18 years or over on the date on which they committed the offence.
Amount Awarded
This relates to the monetary value awarded in cases such as small claims and ordinary civil bills. On occasion, the amount awarded may be unliquidated which means that the claim was not made for a specific amount of money, but rather, for example, damage caused to a property, for repairs for damage caused or for faulty workmanship.
Ancillary Application
An additional application made in existing proceedings.
Ancillary Relief Application
During or after a divorce, the annulment of a marriage (nullity) or judicial separation, there may still be a need for the court to settle disputes over money or property. The court may make a financial order. This is known as ancillary relief and may deal with: the sale or transfer of property; maintenance payments (for example weekly- or monthly-maintenance); and a lump sum payment, a pension sharing or attachment order, or both.
Application
The act of applying to a civil court to ask it to do something, for example to start proceedings or make an order.
Application for Leave to Apply for Judicial Review
The first step in the judicial review procedure involves the mandatory ‘leave stage’. At this stage an application for leave to bring judicial review proceedings must first be made. The leave stage is used to identify and filter out, at an early stage, claims which may be trivial or without merit.
Appointment of Guardian ad Litem
Appointment of a guardian by the court. The High Court or a county court may appoint an individual to be a child’s guardian if the child has no parent with parental responsibility for him or a residence order has been made with respect to the child in favour of a parent or guardian of his who has died while the order was in force. A person appointed as a guardian under this Article shall have parental responsibility for the child.
Arraignment
The procedure by which the defendant has criminal charges formally put to him before the judge at the Crown Court and he enters his plea of guilty or not guilty.
Article 53 Contact with a Child in Care
Where a child is in care of an authority, the authority shall (subject to the provisions of this article) allow the child reasonable contact with: (a) parents; (b) any guardian; (c) persons named in residence orders made immediately prior to the child being placed in care; and (d) persons who had care of the child by virtue of an order made in the exercise of the High Court’s inherent jurisdiction immediately before the care order was made.
Article 8 Contact
Relates to Article 8 of the Children (Northern Ireland) Order 1995. A ‘contact order’ means an order requiring the person with whom a person lives, or is to live, to allow the child to visit or stay with a person named in the order, or for that person and the child to have contact with each other.
Bail Variation
A change in the conditions of bail.
Call-over
An occasion in court where dates for all the cases in the next few months are fixed. It is important for the parties or their lawyers to attend the call-over.
Care Order
A care order places a child in the care of a designated authority. A court may only make a care order if it is satisfied the child is suffering or at risk of harm etc.
Case
The proceedings, arguments and evidence in court and the court hearing.
Certificate of automatic discharge (Bankruptcy)
A document certifying the period of bankruptcy is at an end.
Certificate of Readiness (COR)
When a small claim or civil bill is contested by the respondent, the matter will proceed to the county court for judgment. Before the case can be heard, both parties must contribute to the completion of a COR which informs the court that the case is ready to be heard and can therefore be listed by the court for hearing.
Charge Sheet
A charge sheet is a method by which PSNI can put charge(s) to a defendant and on which they will either release the defendant on police bail to appear at court within 28 days of the charging or they can detain the defendant in custody to produce them before a court at the earliest opportunity.
Child Assessment
Application by an authority to request an order to authorise an assessment of a child’s circumstances.
Civil and Family Application
These are applications in relation to Children Order, domestic and family homes and domestic violence proceedings.
Commercial Actions
The definition of ‘commercial action’ is broad and so a wide range of cases may be dealt with under those arrangements. Broadly speaking, they include any transaction or dispute of a commercial or business nature.
Committal
The procedure by which a person is returned for trial to the Crown Court by the magistrates’ court, if the magistrates’ court is satisfied that there is a case to answer.
Compassionate Bail Application
An application for bail, usually for a short period of time, for personal reasons, such as to attend a family funeral.
County Court Judge
A judge who sits in the county court and the Crown Court. In the County Court, they will sit on business such as ordinary civil bills (with a value over £10,000 and up to £30,000), criminal damage, licences, equity, ejectment and divorces.
Court Disposal
Includes all cases issued with a final order by county court judge or district judge.
Court Order
The enforceable decision of the court.
Creditor
A person who is owed money by a debtor
Criminal Damage
These are cases in which there is an allegation that a property has been destroyed or damaged or where a person is alleged to have made threats, had intent, or was found to have anything on their property with intent to cause damage to another property.
Day Sat
This is a day on which a judge sat to hear court business. The information is organised into the various types of court business that a judge hears. The judge’s day may consist of one or more sittings, at one or more court venues.
Debtor
A person who owes money to a creditor
Declaration of Parentage Order
Order made to determine parentage on the foot of an application for maintenance in respect of a person who denies that he/she is a parent of the child.
Decree Absolute
The decree absolute is the legal document that ends a marriage. An individual (petitioner) must wait for at least 6 weeks after the date of the decree nisi before they may apply for a decree absolute.
Decree Nisi
A document that says that the court doesn’t see any reason why a married couple cannot divorce. If the spouse of the petitioner does not agree to the divorce, the petitioner may still apply for a decree nisi. However, they will have to go to a hearing at the court to discuss the case, where a judge will decide whether to grant a decree nisi.
Default Judgment
This is a judgment in favour of one party due to some failure to take action by the other party. In most cases, this will be a judgment in favour of the applicant due to the failure of the respondent to contest the claim brought against them. The failure to take action is the default. The default judgment is the relief requested in the party’s original petition.
Departmental Prosecution
Departmental prosecutions are for criminal offences which are investigated by a department or other non-police body and prosecuted by either the Public Prosecution Service (PPS) or a separate prosecutorial body (e.g. motor tax evasion which is prosecuted by the Department for Infrastructure).
Disposed
The date a case is finally dealt with via a court or non-court result and the case is no longer in the court process.
District Judge
A judge who sits in the county court or the magistrates’ court. In the county court they will sit on business such as small claims and ordinary civil bills (with a value up to £10,000).
Divorces
These are proceedings initiated in order to dissolve a marriage. Dissolutions of civil partnerships are also included within these figures. Following the issue of a divorce petition in the High Court, if it is a defended case it will be heard in the High Court and if it is an undefended case it may be heard either in the High Court or the County Court (depending on the choice of the individuals involved). Initially a Decree Nisi, judicial separation or nullity is granted, which is an initial order for divorce. Providing that no reason is provided to the court to challenge the nisi, a Decree Absolute, which is a final order for divorce that dissolves a marriage and permits an individual party to remarry, is made. A defended divorce is a proceeding in which an individual (the petitioner) applies for a divorce and the other party (the respondent) indicates that they wish to contest a divorce being granted at all, or on the reasons stated by the petitioner.
Domestic Proceeding (including FHDV orders, Non molestation, Occupation, Vary discharge)
These are orders made in respect of applications made under the Family Homes and Domestic Violence (Northern Ireland) Order 1998. These orders may include non-molestation, occupation orders or both. A non-molestation order is made for the protection of the applicant and may prohibit the respondent from carrying out particular actions or behaviours and may include an exclusion zone. Occupation orders provide for the rights of the application to peacefully occupy a particular property without interference from the respondent. These orders may be varied to add or remove particular requirements and the order can also be discharged by the court to bring the terms of the order to an end.
Education Supervision Order
Puts the child under the supervision of a designated education and library board. The education and library board may make an application in respect of a child of compulsory school age who is not being educated properly.
Ejectment
A legal document which seeks to recover possession of land and/or a dwelling house (e.g. where a tenant has stopped paying rent). Similar matters relating to properties owned with a mortgage are dealt with through proceedings within the Chancery Division of the High Court.
Emergency Protection Order
Gives the applicant parental responsibility for a child under the age of 18. It authorises the removal of the child at any time to accommodation provided by or on behalf of the applicant, and being kept there. The court may make ‘an emergency protection order’ if it is satisfied that there is reasonable cause to believe that the child is likely to suffer significant harm.
EPA Applications
Application to register an Enduring Power of Attorney (EPA).
Equity
Any type of proceeding which seeks a court judgment on disputes relating to property ownership and should damages be paid.
Ex-parte Application
An application made to a judge by a party to a case without the other parties being required to be there.
Family Assistance Order
This is a short term order made by agreement, under which an authority is required to make available a suitably qualified person to advise, assist and (where appropriate) befriend any person named in the order.
Family Business
Non-criminal court proceedings generally relating to matters between a husband and wife, common-law partners, or children.
Family Care Centre
A county court which generally hears appeals from Family Proceedings Courts, or family cases which are more complex in nature.
Family Magistrates’ Business
Family business in the magistrate’s court (the Family Proceedings Court) covers applications brought in respect of the care and welfare of children, domestic proceedings and applications for non-molestation and/or occupation orders.
Family Proceedings Court
A court of summary jurisdiction (constituted as a Youth Court) which hears proceedings under the Children (Northern Ireland) Order 1995 e.g. residence, contact with children.
Financial Provision Order
An order requiring either or both parents to make periodical payments or a lump sum payment to the applicant (the person with whom the child resides) for the benefit of the child.
Finding
This is the date on which a defendant is either found guilty or not guilty of having committed the offence alleged in either the summons or charge sheet.
First Listing
The date of first hearing of a case.
Fixed Penalty Default
This is a fixed penalty which has been issued for a minor motoring offence and which has not been paid by the payment due date and has therefore gone into default. At this stage a summons is issued to bring the matter before the court to have a judge set the default terms for non-payment.
Foreign Judgment
An Act to make provision for the enforcement in the United Kingdom of judgments given in foreign countries, which accord reciprocal treatment to judgments given in the United Kingdom, and vice versa.
Hearing
The trial of a case or preliminary issue in court.
High Court Judge
A judge who sits in the High Court and the Crown Court to hear and determine civil, family, and criminal business.
Hybrid Charge
This is also referred to as a ‘triable-either-way’ offence. A criminal offence that may be prosecuted either summarily (in the magistrates’ court) or on indictment (in the Crown Court). In the majority of cases, the prosecution decides how the offence is tried depending on the seriousness of the offence.
Indictable Charge
A serious criminal offence where the defendant is usually tried in the Crown Court.
Indictable Triable Summarily Charge
A serious criminal offence where a defendant can be tried in the Crown Court but may in some instances be tried in a magistrates’ court.
Injunction
A legal order which stops someone from doing or continuing to do something, or which requires them to take certain positive action.
Interlocutory Application
An application made at any time after proceedings have issued and before the final hearing. For example, a challenge to one party’s refusal to give discovery, or an application for substituted service are interlocutory applications.
Issue
This is the process by which a complaint or claim is lodged with the court. It can also be described as the ‘Received Date’.
Judicial Review
A procedure by which someone can challenge in the High Court, the decisions or actions of: A Government Department; A public body; The magistrates’ court; The County Court; and Certain tribunals. A Judicial Review is only available if there is no other legal remedy.
Judicial Separation
An alternative to divorce is a decree of judicial separation. This does not dissolve the marriage but absolves the parties from the obligation to live together. This procedure might, for instance, be used if religious beliefs forbid or discourage divorce.
Justice & Security Act 2007
Legislation which replaced the Terrorism Act 2000 which makes provision for non-jury trials.
Leave to Change Surname by which Child is Known
An application for leave (permission) to change a child’s name without a parent’s consent. The court will give permission if it believes it is in the child’s best interests to allow the name change.
Licences
These are applications for intoxicating liquor licences and certificates of registration for public houses and clubs, enabling their legal operation.
Lodge Documents
Send documents to the court office.
Master
A judicial post, where the individual must have been a legal practitioner for at least 10 years. The Master determines a range of court proceedings in the High Court, and manages procedural elements of more complex cases before they are heard by a High Court judge.
Matrimonial Application
These are applications attached to divorce proceedings such as Ancillary Relief applications that relate to financial relief to one or both parties following a petition for divorce, for example, maintenance and the division of property/finances.
Monies Due
Financial compensation or money owed.
Negligence
Conduct that falls below the standards of behaviour established by law for the protection of others against unreasonable risk of harm. A person has acted negligently if they have departed from the conduct expected of a reasonably prudent person acting under similar circumstances.
Non Court Disposal
Includes all disposals not completed in court, for example settlements or withdrawals.
Non Molestation Order
This order prevents a person from molesting another person with whom they have had a relationship or they are related to. Molestation encompasses any form of serious pestering or harassment and applies to any conduct which could properly be regarded as such a degree of harassment as to call for the intervention of the court. A ‘non-molestation’ order may contain one or both of the following: (a) A provision prohibiting a person from molesting another person. (b) A provision prohibiting the respondent from molesting a child.
Notice of Appointment
The notification of a date, time and location for a court hearing.
Notice of Intention to Defend (NID)
When a civil bill is taken by an applicant against a respondent, the respondent may contest the claim and signal their intention to dispute the claim through a Notice of Intention to Defend. This means that the case will then be listed before a judge in court for resolution.
Notice of Motion
A notification issued to one or more parties by the individual or company that has filed a motion before a court, with a date for the hearing which will take place on the date stated on the notice.
Nullity
A Decree of Nullity of Marriage is granted where the petitioner proves that the marriage is either void or voidable. A void marriage is one which should never have been celebrated (by reason of the relationship or incapacity of the parties and which therefore never had legal status). A voidable marriage is one which is legal but may be nullified by order of the court.
Occupation Order
Occupation orders declare, confer or regulate occupation (not ownership) rights in the family home between those in certain family or domestic relationships. These orders, if combined with a non-molestation order, may be used for protective purposes. Alternatively, they may be used to declare or regulate the right of occupation in the home in cases where protection is not an issue. An occupation order is available between parties who have had a relationship or are related.
Office Disposal
See ‘Non-court disposal’.
Order 53 Statement
The document which starts a judicial review case. It is named after Order 53 of the Rules of the Court of Judicature, which states what must be in an Order 53 Statement.
Ordinary Application
See ‘Application’.
Ordinary Civil Bills
A legal document which seeks to recover damages for (i) personal injury claims (injuries caused by negligence), for example, traffic accidents, falls on pavements and accidents at work and (ii) consumer disputes, for example, faulty goods or services. There have been a number of changes in the thresholds for ordinary civil bills in recent years. Currently Ordinary civil bills relate to cases seeking damages between £5,000 and £30,000 (prior to May 2011 it related to damages between £2,000 to £15,000; from May 2011 to February 2013 it related to damages between £3,000 to £15,000; from February 2013 to October 2022 it related to damages between £3,000 and £30,000 and from October 2022 it changed to the current thresholds of between £5,000 to £30,000).
Originating Application
The first, provisional, or primary application in a legal process.
Originating Motion
A document which starts some kinds of High Court cases, described in Rules of the Court of Judicature Order 5, rule 5 and Order 8.
Originating Summons
A document which starts some kinds of High Court cases, described in Rules of the Court of Judicature Order 5, rule 3 and Order 8.
Outstanding Case
A case that is currently active within the County Court system, for example, live cases not yet disposed.
Parental Responsibility Order
Outlines the rights, duties, powers, responsibilities and authority which by law a parent of a child has in relation to the child and his / her property. It may also include certain rights which a guardian may exercise.
Party
The plaintiff, defendant or third or other party in a court case.
Penalty Notice for Disorder
These are diversionary disposals aimed at dealing with minor offences, such as non-motoring offences, as a direct alternative to a prosecution before the court.
Penalty Notice for Disorder Default
This is a penalty notice for disorder which has been issued for a defined offence and which has not been paid by the payment due date and has therefore gone into default. At this stage a summons is issued to bring the matter before the court to have a judge set the default terms for non-payment.
Petition
The document which starts a divorce or civil partnership dissolution case, and some other kinds of cases, described in Rules of the Court of Judicature, Order 9 and the Family Proceedings Rules.
Plea
The response a defendant gives after criminal charges have been put to him e.g. “guilty” or “not guilty.”
Proceedings
A shorthand term for all the court procedures and documents before the final court order.
Prohibited Steps Order
An order which prevents a parent from taking specific actions as part of their normal parental responsibilities to a child.
PSNI/ PPS Prosecution
These are prosecutions for criminal offences which are investigated by Police Service of Northern Ireland (PSNI) and prosecuted by Public Prosecution Service (PPS).
Received
The date the papers are lodged with the court and the fees receipted.
Recovery Order
An order which generally directs the return of a child who has been taken away unlawfully; has run away or is missing. The order may permit certain actions to be taken (like entering property) to enable it to be carried out.
Remittal
The process of transferring a case to a lower court e.g. transferring a case from the High Court to the County Court.
Removal
The process of transferring a case to a higher court e.g. transferring a case from the County Court to the High Court.
Revoke
To invalidate or cause to no longer be in effect, as by voiding or cancelling.
Residence Order
An order detailing with whom a child shall live. This is generally following the breakdown of a relationship, but can arise in other circumstances e.g. if the child’s parents have died.
Scheduled
A scheduled offence is one which is listed in Schedule 9 of the Terrorism Act 2000 and which, if it is tried on indictment, will be heard by a judge sitting without a jury. This has been replaced by the Justice and Security Act 2007.
Scheduled Sitting
This is a regular court sitting that is included within the court calendar.
Secure Accommodation Order
Accommodation provided for a continuous period of more than 24 hours, designed to restrict liberty.
Setting Down
Telling the court office a case is ready for hearing.
Sitting
This is a period of work by a judge in a single courtroom on a single day. Several types of business may be heard at one sitting. Business heard in different courtrooms, whether at the same venue or elsewhere, is counted as separate sittings.
Sitting Days
A court sitting day is counted as any day where the judiciary sit in court. It is a period of work by a judge on a single day. Multiple sittings on one calendar date will be aggregated into one sitting day based on the Judicial Officer, venue and sitting date. Several types of business may be heard within one sitting day. Days are classified on the basis of the majority business undertaken, except for the magistrates’ court, when it is based in the first instance, on the earliest scheduled sitting. Where the start time for two or more sittings is the same, the days are classified on the majority of business undertaken. It does not include time in chambers or days where the judiciary are sitting in chambers.
Small Claims
Small claims allow certain types of claims to be decided informally by the County Court, usually without the need of a solicitor or barrister. In general a small claim is one where the value to be claimed is not more than £3,000 (before May 2011 the upper limit was £2,000). Examples of small claims are (i) compensation for faulty services by, for example, builders, dry cleaners and garages (ii) compensation for faulty goods such as electrical goods (iii) disputes between landlords and tenants for rent arrears or compensation for not doing repairs and (iv) debts or wages owed or money in lieu of notice.
Special Sitting
These are additional unplanned court sittings, not included within the regular court calendar, that are required to hear unforeseen business, such a dealing with a defendant on a weekend or public holiday.
Specific Issue Order
An order which addresses a specific matter that has arisen relating to the parental responsibility of a child e.g. which school shall they attend; what religion shall they be brought up in.
Strike Out Order
Striking out means the court ordering written material to be deleted so that it may no longer be relied upon.
Summary Charge
This is an offence which is triable in a magistrates’ court.
Summons
A summons is served on a person involved in a legal proceeding and it indicates legal action may be in progress against the person, or the person’s presence as witness may be required. The summons usually announces a date by which the person or persons summoned must either appear in court, or respond in writing to the court or the opposing party or parties.
Supervision Order
Puts a child under the supervision of a designated authority. A supervision order may require a child: (i) To comply with direction given by a supervisor as regards residence, reporting and participating in activities. (ii) To keep the supervisor informed of any change in address and allow the supervisor to visit at the place where he is living.
Time Intervals
This is the time taken (in weeks) between the case, application or claim being received by the court and the date it is finally resolved, by either the court, an arrangement between parties out of court or by being withdrawn by the applicant.
Unliquidated
An unliquidated sum is one for which the precise amount owed cannot be determined from the terms of the contractual agreement or another standard.
Winding Up Petition
An application to court seeking the liquidation of a company.
Withdrawn
An order which removes a case from court, for a variety of reasons. The court action then ceases.
Writ
A document which starts a case in the King’s Bench Division.
Youth Magistrates’ Business
Magistrates’ court criminal business in which the defendant is aged between 10 and 18 years on the date on which they committed the offence.