Legal Jargon

A sentence on conviction for a criminal offence, the serving of which is completed in the community, often with an obligation on the convicted to comply with certain conditions. Failure to comply with these conditions can result in the full sentence being carried out. For example, if someone is convicted and given a prison sentence of six months suspended, and they fail to abide by the conditions set, they may be recalled and sent to prison for six months or have the conditions extended. Suspended sentences are only applicable to more minor offences for which the custodial sentence would be two years or less.

A natural approach to managing drainage in and around properties and other developments. SuDS work by slowing down and holding back the water that runs off from a site, allowing natural processes to break down pollutants.

The person currently the owner of a leasehold property – for most purposes the same as the “Lessee”.

A way of holding jointly-owned property so that on the death of one of the owners, their interest in the property passes to the beneficiaries of their will or, in the case of intestacy, be settled through probate. A separate document known as a declaration of trust should be drawn up to stipulate the share of the value of the property owned by each party.

The Residence Nil Rate Band (RNRB) is an additional allowance against inheritance tax (IHT) charged on a deceased person’s estate. The RNRB can be offset against the value of a person’s residence so long as it passes to lineal descendants (i.e. children, grandchildren, step-children/grandchildren, adopted children/grandchildren, foster children). The RNRB was introduced in 2017 and currently stands at £175,000. One point to note is that for every £2 that an individual’s estate exceeds £2 million pounds, the available RNRB will be tapered by £1.

Someone who is entitled to a share of whatever is left in the estate after payment of debts and other specific gifts.

In a court action, the respondent is the person who did not make the court application.

The party or parties who the claim is made against in an Employment Tribunal. This will normally be the employer, but in certain situations may include named individuals.

Employers can use this form to respond to a claim of unlawful treatment made by an employee to an Employment Tribunal. It is often supported by Grounds of Resistance.

The mental health professional in charge of someone’s care and treatment while they are sectioned under the Mental Health Act.

A clause in an employment contract that sets limits on what a former employee can do in the weeks and months after their employment ends. Typically, these will prohibit an employee from working for a direct competitor or setting up in direct competition with their former employer, or contacting their clients/customers and suppliers for a set period of time after leaving the business.

A term used to describe the formal ending of a legal arrangement or order and a return to a previous arrangement.

A scheme designed to help eligible council and housing association tenants in England to buy their home at a discounted price.

This is when an individual is released from police custody while the police continuing to investigate the alleged criminal offence. There are no time limits for the investigation and no conditions to follow, unlike conditional bail. However, despite the lack of conditions, it is still inadvisable for people who have been released under investigation to make contact with the claimant or any witnesses as this could be deemed to be intimidation or perverting the course of justice, both of which offences, if proved, carry prison sentences.

A phrase used to refer to being detained under a section of the Mental Health Act 1983.

A planning obligation entered into by a developer in order to secure permission for a development. These often, but not always, contain affordable housing provision and/or contributions by the developer towards, for example, local infrastructure, education and healthcare provision.

The free help and support health authorities and local social services have a duty to provide when someone has been discharged from section and hospital.

Section under Mental Health Act that allows a police officer to take someone to a place of safety for assessment.

Time spent off the ward. Permission for leave is granted by the Responsible Clinician. The permission can require the patient to be escorted or not, and varies in duration, frequency and venue.

An in depth report undertaken by CAFCASS or the local authority at the direction of the court, dealing with issues such as the children’s wishes and feelings, safeguarding and any welfare concerns raised by a party. A report should make recommendations as to where a child lives, appropriate levels of time with the other parent and set out any other suggestions the CAFCASS officer may have for the improvement of contact for a child.