Understanding Words and Phrases in the Justice System

Words and phrases in the justice system and in court are not always easy to understand.
Here’s our A-Z guide to what you might hear and what it means.

Additional Support Needs (ASN) means that a child or young person might need some extra help so they can learn, feel safe, and do their best.

This extra help could be for lots of different reasons. For example, learning in a different way, feeling worried or upset, having a disability, being unwell, or having things going on at home.

Having additional support needs doesn’t mean anything is “wrong” with you. It just means you might need support that works best for you.

The age of criminal responsibility (ACR) is the age at which a person is considered old enough to understand the crime they have committed and able to take full responsibility for their actions. In Scotland this is age 12.

Bail is when the Court decides that you can stay at home or in a place that is agreed until your court case takes place.

There will be things you have to agree to if you get bail; these are called conditions, and they are the rules you have to follow.

If you don’t agree or you break the conditions of your bail then you can be put on remand (see Remand for more information).

 A child is a person under the age of 18.  

The Children’s Hearings System is the care and justice system for children and young people.

It aims to ensure that young people who commit offences, and children and young people who need care and protection, are supported through the same system.

Children’s rights are human rights.

The United Nations Convention on the Rights of the Child (UNCRC) is the international agreement that sets out all the rights children have from birth to the age of 18.

Childhood trauma is something scary, dangerous, violent, or life threatening that happens to a child. This can be a one-off event or can be something that lasts for a longer time. 

When we say children in conflict with the law, this means anyone aged 12 to 18 years old who comes into contact with the justice system because they are suspected or accused of committing an offence. 

A court is the place where a decision is made about whether someone has committed an offence (a crime) or not.

There are different kinds of courts, they might have a Sheriff or a Judge who is in charge. 

A criminal record is a list of the offences/crimes that a person has been found guilty of doing.

A person with a criminal record might be expected to say they have a criminal record when they apply for jobs or training, want to volunteer, or get a visa to travel abroad. This can include saying that a crime happened when they were a child.

Deprivation of liberty means taking away someone’s freedom. It could mean they are put in secure care or a Young Offenders Institution (YOI).

Early Intervention means that children and families get the help they need as soon as they need it, rather than waiting for a problem to happen.  

An infringement of rights is when your rights are ignored.

When we say the justice system, this could mean anything from:

  • Being involved with the police
  • Going to the children’s hearing system because of this
  • Getting support from early and effective intervention (EEI) or diversion from prosecution
  • Going to court
  • Time in secure care or a Young Offenders Institution (YOI)

Movement Restriction Conditions (MRCs) is when your freedom of movement is restricted. For example, you can be given an electronic tag and a curfew.

You may also be restricted in the areas you can visit. You and your family will be given support to help you keep to these conditions.

Poverty means not having enough money for basic needs such as food, housing, or doing the things that you would normally expect a person or family to be able to do.

People can live in poverty even when they have a job, because they don’t get paid enough.

Remand is where the Court decides that you will go to a secure care centre or Young Offenders Institution (YOI) until your Hearing takes place.  See also Bail.

Restorative justice is the process where those who have been harmed get to meet with the people who caused them harm, and talk to each other in a safe and structured way.

This gives people who have been harmed a way to deal with an offence or conflict, and for the person who has caused the harm to reflect on the consequences of their actions.

When something is rights-respecting it means that a person, a group, an organisation, or a place understands and protects everyone’s human rights. 

Secure care or secure accommodation is the most restrictive form of residential care for children under 18. It is for children who may be at risk of causing significant harm to themselves or others in the community. 

Social justice means that every individual, group of people, or community has the same opportunities in life, is treated equally, and does not experience discrimination.  

A Young Offenders Institution (YOI) is a place where young people aged 18  to 21 might be sent to if they are found guilty of a crime.   

For more information, we recommend these accessible resources on children’s rights in the justice system, and on the use of bail and remand with children in Scotland.  This short animation explains about how bail and remand work.