This page is under development. Please email judicialcomms@scotcourts.gov.uk to suggest words to be added to the glossary.
R
Recall
Offenders released from prison into the community on licence can be recalled (brought back) to prison. For example, because they committed another crime, or otherwise breached the terms of their licence.
Receiver A person appointed to enforce the rights and remedies of the holders of a floating charge over the assets of a company which is in default in relation to the claim or debt which the charge secures.
Record (The accent is on the second syllable.) The pleadings, that is the averments or statements, of the respective claims and answers by parties ion civil proceedings lodged in court. When finally adjusted between the parties it is closed by order of the court and becomes the Closed RecordÍž up to then it is an "open" record.
Reclaiming motion
An application for review by the Inner House of the Court of Session of a decision of a judge at first instance. Such appeals are normally heard on the Summar Roll
Recovery of documents Where documents are sought to be used to prove a case and are in the possession of another party in the case or some person who is not a party, they may be sought to be recovered by that other person on application to the court. The person who is said to be in possession of the document is called a "haver". A motion for recovery of documents must be accompanied by a document called a specification of documents which sets out the documents or categories of documents sought to be recovered. See also Specification of documents.
Reduction To annul or set aside a decision or document by legal process.
Register of Inhibitions and Adjudications (Now just called the Register of Inhibitions, adjudiciations having been abolished.) The Register of Notices of personal diligence which affect the voluntary conveyance of real property.
Register of Sasines The Register of deeds constituting or transferring rights in land and heritable property. See also Land Register.
Rehabilitation
This can be helping people to change their offending behaviour and live productive lives in society. This could be training in life skills within prison or in the community.
Relict A formal term used to refer to a widow or widower in relation to succession to a deceased's estate. .
Remit The transfer of some matter by one judge to another judge or court; or to a person named as, e.g. to an expert "a man of skill", in order that the latter may inquire and report.
Remitted Sentence
A sentence is remitted when a sheriff sends a case to the High Court so that a more severe sentence can be given than the maximum allowed at the sheriff court level.
Re-offending
Re-offending is when a person who has committed an offence (or offences) already, commits another offence.
Repel A court does not overrule a plea or an objection, it repels it. The opposite is to sustain (or uphold).
Repone To repone a defender is to restore him to his position as a litigant when decree in absence has been given against him. Also competent in, eg case of failure to lodge documents in appeal to Court of Session.
Reporter (1) A person appointed to conduct a public inquiry.
(2) A person, usually a lawyer or other professional person appointed by a court to investigate an aspect of a case.
(3) The officer responsible for bringing cases before children's hearings and proceedings from hearings before ths sheriff. (4) A person who compiles the published report of a case decided by the courts.
Residence Order A formal order by a court stating with whom a child of a relationship should stay.
Resident sheriff A sheriff who holds a commission to sit as a full-time or permanent sheriff at a particular sheriff court.
Res ipsa loquitur The thing done or the transaction speaks for itself. Proof of an event raises a rebuttable presumption of liability.
Res judicata A question decided in competent legal proceedings, which cannot again be raised.
Respondent (1) A person who enters the process of a petition to oppose it.
(2) The person against whom an appeal to a higher court from a lower court is made.
Restriction of liberty order (ROLO) An order imposed as an alternative to imprisonment restricting an offender's movements whereby he or she is to remain in or is excluded from a specified place for specified periods of time.
Review Revision by a higher court on appeal.
Rolls Official lists of cases as set down for hearing, depending on the type of case or the stage of the proceedings. For example, the Motion Roll, Single Bills, Summar Roll, Options hearing.
ROLO See Restriction of liberty order.
Roup Public auction.
Rubric A chapter heading.