A consultation on the CPS policy for prosecuting cases of domestic violence - Consultation paper
CPS policy for prosecuting cases of domestic violence
Glossary
Adjournment
The postponement of the hearing of a case until a future date.
Appeal
A request for a higher court to change a decision made by a lower court.
Bail
The release of a person held in custody while awaiting trial or appealing against a criminal conviction.
Charge
When a suspect is formally accused of committing a crime.
Code for Crown Prosecutors
A document that sets out how the Crown Prosecution Service (CPS) makes decisions about cases. It is widely available to the public from any of our offices, and it is on this website - The Code for Crown Prosecutors.
Complainant
A person who alleges a crime has been committed against them.
Conviction
A decision by magistrates or a jury that the defendant is guilty.
Cross-examination
Challenging the evidence given by a witness in court.
Crown Court
A court where criminal cases are dealt with by a judge and a jury of twelve members of the public. The cases heard in the Crown Court are those likely to attract higher sentences (for example, rape, grievous bodily harm and murder). The Crown Court also deals with appeals for cases dealt with by the magistrates' and youth courts.
Defendant
A person charged with a criminal offence.
Evidence
The information given to the court to help make it to make a decision about whether or not a defendant is guilty. 'Evidence-in-chief' is the evidence presented to the court during the examination-in-chief.
Examination-in-chief
The questioning of the witness by the party who called him or her. Prosecution witnesses will be questioned first by the prosecution, before being cross-examined by the defence.
Hate Crime Scrutiny Panels
Panels involving criminal justice and community partners to scrutinise hate crime cases - including domestic violence - that have gone through the criminal justice system. These panels exist in all CPS Areas.
Intermediary
An intermediary is a person specifically trained to help children and adults who are considered vulnerable to be able to communicate at court.
Independent Domestic Violence Adviser (IDVA)
An independent specialist who works alongside victims from the point of crisis, throughout the legal process, and beyond. They link in with essential services such as victim and witness support organisations, counselling, health and housing, whilst making sure that agencies to coordinate to keep the victim safe.
Magistrates' court
A court where criminal cases are dealt with by magistrates or district judges. Magistrates' courts tend to deal with cases that attract a lower sentence, such as common assault and criminal damage.
Newton hearing
The court may decide to hold a 'Newton hearing' where the defendant pleads guilty, but the defence and prosecution dispute the facts upon which the court is going to sentence the defendant. The purpose of the hearing is to establish the factual basis for the sentence to be passed.
Perpetrator programme
Domestic violence perpetrator programmes are structured group work programmes for domestic violence perpetrators. The aim of these programmes is to increase the safety of the victim and children by holding the perpetrator accountable for their behaviour.
Plea
When a defendant says he or she is guilty or not guilty.
Prosecutor
The person who presents the case against one or more defendants. Prosecutors present cases on behalf of the Crown (in other words, the state) and do not act on behalf of victims.
Special measures
The help for witnesses that a court can offer so that they can give their best evidence in court. They include: live video links, video-recorded statements, screens around the witness box, and assistance with communication.
Statutory charging
The system through which the CPS has responsibility for deciding (in all but the most minor cases) whether a suspect should be charged, and, if so, what the charge(s) should be.
Trial
When the magistrates or jury hear what happened from the defence and the prosecution, so that they can make up their minds about whether or not the defendant is guilty.
Victim
A person who has had a crime committed against them.
Witness
A person who can give relevant evidence in a criminal case. This will almost always include the victim of a crime.
Witness Care Unit
Run by the police and CPS, Witness Care Units provide help and information for victims and prosecution witnesses.
Witness summons
A court order to an individual to appear in court at a specified place and time.
