Please email judicialcomms@scotcourts.gov.uk to suggest words to be added to the glossary.
B
Bail
In criminal proceedings, this is an arrangement for the release of an accused person pending trial or sentence subject to conditions. In admiralty proceedings, this is the security given to obtain the release of a ship.
Bankruptcy
This is where a person is unable to pay his or her debts. A creditor may apply to the court for that person's sequestration (meaning to have that person declared bankrupt).
Bench
This is a term referring to the judge or judges presiding over court proceedings, normally seated at a 'bench' at the top of the courtroom.
Bill of Advocation
This can move a criminal case from a lower court to a higher court because of partiality or incapacity of the judge, or due to the intricacy of the case. It can also be used for a higher court to review the errors made by a judge sitting in a lower court during a criminal case up to sentence. It can be used by either the prosecutor or the accused. The prosecutor can also use it to seek review of High Court criminal trials. See bill of suspension below.
Bill of Suspension
This is where a person can seek a High Court review of their case if it is heard before a single sheriff or justice of the peace. They can ask for an illegal or improper warrant, conviction, or decision to be set aside. An application by a prosecutor is a bill of advocation (see entry above). Where the person seeks to appeal against a conviction on a question of fact or law, the usual means of appeal is to apply to the court of summary jurisdiction for a stated case.
Bond of caution
This is where the court appoints a party or other person to find caution (a sum of money as security). This may be done by depositing cash or by arranging a bond with an insurance company. It shows that money is available if required. Here, caution is pronounced to rhyme with station. See also caution.
Books of Adjournal
These are the books or records of the Justiciary Office in relation to criminal proceedings.
Books of Council and Session
This is a popular title for the Register of Deeds and Probation Writs which may be registered for preservation, or preservation and execution.
Books of Sederunt
These are records of the Acts of Sederunt in the Court of Session.
Brevitatis causa
This is a Latin term meaning 'for the sake of brevity'.
By Order
This is when a hearing is set at the instance of the court (called for by the court) and not on the motion of a party.