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Brayne & Carr: Law for Social Workers 10e

A - C

| A | B | C | D - M | N - Z |

A

ABC – see approved behaviour contracts

ACPC – see Area Child Protection Committee

ASBO – see anti-social behaviour order

AST – see assured shorthold tenancy

ASW – see approved social worker

Absolute discharge - a sentence following a criminal conviction where the court considers no punishment to be appropriate. (Chapter 14)

Accelerated possession - procedure is a very speedy paper only possession procedure which is available to landlords seeking to evict assured shorthold tenants. (Chapter 21)

Accommodated children - the local authority may consider that the only way to safeguard and promote the welfare of a child is through the provision of accommodation. Accommodation is defined in s. 22(2) of the 1989 Act as meaning accommodation which is provided for a continuous period of more than 24 hours. Legislation provides that local authorities have specific responsibilities to children they accommodate. (Chapter 8)

Accommodation Agencies Act 1953 - an Act which regulates the operation of accommodation agencies. (Chapter 21)

Action plan order - a three month order following conviction of a juvenile; the court specifies a programme of activities to be carried out under the supervision of a probation officer or member of the Youth Offending Team. (Chapter 14)

Admissibility - a term used in the law of evidence. Some evidence, particularly in a criminal case, may be withheld from the court because it is 'inadmissible', for example evidence of the past convictions of the defendant, or of a confession which was obtained in breach of the proper safeguards. (Chapter 12)

Administrative law - the principles of law which attempt to ensure that justice is done between the state and the individual by restraining arbitrary or wrong decision making by the state. (Chapter 1)

Admission for assessment - under section 2 of the Mental Health Act 1983 a (maximum) 28-day period during which a patient can be detained and assessed as to whether further compulsory detention for treatment is required. (Chapter 17)

Admission for treatment - under section 3 the Mental Health Act 1983, a (maximum) six month period during which a patient can be compulsorily detained for treatment. The detention can be renewed after six months. (Chapter 19)

Advance directive – a means of deciding in advance the nature of any treatment (for example artificial feeding, resuscitation) which a person wishes to receive (or refuse). This is now recognised by the Mental Capacity Act 2005 and replaces the vaguer concept of the living will, which was beginning to be recognised by courts. (Chapter 3 and 17).

Adoption - an act by which the rights and duties of the natural parents of a child are extinguished and equivalent rights and duties become vested in the adopter or adopters, to whom the child then stands in all respects as if born to them in marriage. (Chapter 13)

Adoption agencies - local authorities and registered adoption societies which organise the adoption of children. (Chapter 13)

Adoption and Children Act Register - see s.125 of the Adoption and Children Act 2002. It contains prescribed information about children who are suitable for adoption and prospective adopters who are suitable to adopt a child. The Act puts onto a statutory basis the Adoption and Children Act Register for England and Wales which was launched in August 2001. (Chapter 13)

Adopted Children Register - is a register of adoptions. Entries are made in the Adopted Children Register following adoption orders, or following registrable foreign adoptions. (Chapter 13)

Adoption Contact Register - is a register which contains information about adopted people who wish to make contact with their birth relatives and birth relatives who wish to make contact with adopted people (see s. 80 of the Adoption and Children Act 2002 and chapter 13).

Adoption order - is the court order which gives effect to an adoption. Section 46 of the Adoption and Children Act 2002 gives parental responsibility for a child to the adopters or adopter on the making of the order which also extinguishes any other person's parental responsibility. (Chapter 13)

Adoption Service - the services run by local authorities to support adoption. There is a statutory duty under s.3 of the Adoption and Children Act 2002 to maintain this service. (Chapter 13)

Adoption support services - are defined in s.2 of the Adoption and Children Act 2002 to include counselling, advice and information and any other services prescribed by regulations including financial support as part of adoption support services. (Chapter 13)

Adoption and Children Act 2002 - received Royal Assent on 7th November 2002. It is an act which modernises and regulates the adoption of children and introduces a new form of long-term court order – the special guardianship order. It substantially repeals the Adoption Act 1976. (Chapter 13)

After-care (under supervision) - a patient detained for treatment under s. 3 of the Mental Health Act 1983 must be provided with after-care on release from hospital under a plan agreed between social services and the hospital – s.117 of the Mental Health Act 1983; as a condition of release a supervision requirement may be imposed. See also supervised community treatment order. (Chapters 18 and 19)

Age of responsibility – children under 10 (it is higher in most other European countries) are considered capable of committing a crime at this age, and can be prosecuted. (Chapter 14)

Agent of social change - someone seeking to make life better for the service user. This is often the motivation behind the decision to become a social worker. (Chapter 1)

Agent of statutory control - a statutory relationship in relation to the service user. This refers to the role of the social worker when they are required to use statutory powers to protect the service user. (Chapter 1)

Anti-social behaviour - for the purpose of local authorities and the police applying for an Anti-Social Behaviour Order, the Crime and Disorder Act, 1998 formally defines anti-social behaviour as acting "in a manner that caused or was likely to cause harassment, alarm or distress to one or more persons not of the same household as [the defendant]." (Chapter 20)

Anti-social Behaviour Act 2003 - this contains a range of measures designed to enable the police and local authorities to prevent crime and anti-social behaviour. These measures range from proposals to close premises used for the supply of class A drugs to proposals to enable the speedy and effective removal of graffiti. (Chapter 20)

Anti-social behaviour orders (ASBO) - are orders provided for in s. 1 of the Crime and Disorder Act 1998 and designed to control anti-social behaviour. (Chapter 20)

Anti-terrorism, Crime and Security Act 2001 - this Act is designed to respond to the terrorist threat and therefore contains a wide range of counter terrorism measures. (Chapter 3)

Appeals Service Tribunals - the Appeals Service was formally launched on 3rd April 2000. The Service arranges and hears tribunal appeals on decisions on: Social Security; Child Support; Housing Benefit; Council Tax Benefit; Vaccine Damage; Tax Credit; and Compensation Recovery. (Chapter 1)

Appellant - someone who is appealing against a court decision. (Chapter 1)

Appellate structure - a description of the court structure in England and Wales which indicates that our court system works through an ability of individual litigants to appeal decisions to higher courts. (Chapter 1)

Appropriate adult - a person who must be called to be present at a police station interview of a vulnerable suspect. (Chapter 14)

Approved behaviour contract (ABCs) - are promoted by the Home Office to improve community safety. ABCs typically involve local authorities targeting disruptive young people and drawing up explicit behaviour contracts designed to improve their conduct. (Chapter 18)

Approved mental health practitioner – see approved social worker

Approved social worker - a social worker employed by a local authority social services department who is called on to take part in decisions on admission and discharge from hospital and guardianship under the Mental Health Act. From October 2008 called an approved mental health practitioner and open to other care professions e.g. nurses. (Chapter 19)

Area Child Protection Committee - is an inter-agency forum for agreeing how the different services and professional groups should cooperate to safeguard children in their area, and for making sure that arrangements work effectively. It has been replaced by the Local Safeguarding Children Board. (Chapter 6)

Assessment Framework - see Framework for the Assessment of Children in Need and Their Families.

Associated persons - in order to get an order against someone under part IV of the Family Law Act (domestic violence) it is necessary that an applicant is associated with that person. Associated persons are defined under s.62 of the Family Law Act and include spouse or a 'cohabitant', a former spouse or former cohabitant, a relative, a man and a woman linked by being parents of the same child or having parental responsibility for the same child, a person who shares a household (but not as a lodger or tenant), and people who have agreed to marry each other (whether or not that agreement has been terminated). (Chapter 20)

Assured tenancy - a form of tenancy created by the Housing Act 1988. The assured tenancy gives some security of tenure to tenants, and some limited rent control. A tenant can however be easily evicted for rent arrears where the arrears are for more than 2 months rent. (Chapter 21)

Assured shorthold tenancy - a form of tenancy created by the Housing Act 1988 which gives very limited security of tenure to tenants. Tenants can be evicted without cause with only 2 months notice once the first 6 month period of the tenancy has expired. Since the Housing Act 1996 came into force the assured shorthold tenancy has become the default form of tenancy within the private rented sector. (Chapter 21)

At-risk register - see Child protection register.

Attendance centre order - a criminal punishment requiring a convicted person to attend on a regular basis at a specified place for a total of up to 24 hours (36 if 16 or over). (Chapter 14)

Auld Review (named after Lord Justice Auld who conducted it) - the Auld Review was published on 8 October 2001 and contains more than 300 recommendations which will transform the administration of criminal justice. (Chapter 1)

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B

Balance of probabilities - a term used in evidence to identify who has to prove what for a court to make a decision. Proof on the balance of probabilities means that one side's evidence is at least marginally more credible on the issues that are relevant than the other side's evidence. (Chapter 12)

Bill - a parliamentary bill is a piece of draft legislation which requires the scrutiny of parliament and royal assent before it becomes an Act. (Chapter 1)

Bind over - a criminal court can bind over any person who appears before it. It is a requirement to be of good behaviour for a specified period, failing which the court can extract a financial penalty. It is normal for parents of convicted children to be made subject to a bind over in relation to their child's future behaviour. (Chapter 12)

Bournewood (gap) – the situation where a person goes into a hospital as an informal patient and then lacks the capacity to discharge themselves. Patient's carers had to battle all the way to the European Court of Human Rights to get principle established that this is detention and legal process is required. (Chapter 20)

Burden of proof - in any court or tribunal proceeding one party has the burden (task) of providing a particular disputed fact. If evidence on that fact is so evenly balanced that the court cannot decide, the party with the burden of proof loses on that issue, as they have not discharged the burden of proof. (Chapter 12)

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C

CAFCASS – see Children and Family Court Advisory and Support Service

Caldicott guardians - derives from the Caldicott review of personally identifiable information in 1997 which recommended that "guardians" of personal information be created to safeguard and govern the uses made of confidential information within NHS organizations. The Caldicott approach has been extended by the government to councils with social services responsibilities who were required to appoint a Caldicott Guardian by 1st April 2002. (Chapter 4)

Capacity - someone has legal capacity if they are able to take in, retain and use information to make an informed decision. Different criteria apply to children. (Chapters 3 and 17)

Care Order - a long-term order under s.33 of the Children Act 1989 which commits the child to the care of the local authority. It provides extensive powers to local authorities but requires evidence which demonstrates to the court that that a child is suffering, or likely to suffer significant harm and that the harm or likelihood of harm is attributable to a lack of adequate parental care or control. (Chapter 11 & 13)

Care programme approach – an approach to mental health service provision which requires providers to draw up a coherent programme of services for the service user.  (Chapter 17)

Care Plan – when any application is made upon which a care order might be made, the local authority must prepare and submit to the court a section 31A care plan.  The care plan must conform to the guidance set out in LAC 29/1999. (Chapter 11)

Care Quality Commission – a new body which (subject to the passage of the relevant legislation) will merge the work of the Commission for Social Care Inspection, the Health Care Commission and the Mental Health Act Commission in 2008. Its purpose is to provide high quality and robust regulation of the care sector.

Care Standards Act 2000 - an Act which establishes the National Care Standards Commission and provides for the registration and regulation of a number of institutional care settings. It also provides for a Children's Commissioner for Wales.

Care Standards Tribunal - is the operational name given to the tribunal that handles appeals provided for under the Care Standards Act 2000. However in law it is the tribunal that was set up under the Protection of Children Act 1999. The 1999 Act provides for a Tribunal to hear appeals against decisions of the Secretary of State for Health to include the names of individuals on the list of those considered unsuitable to work with children. The 1999 Act also provides for the Tribunal to hear appeals in respect of decision of the Secretary of State for Education and Skills to restrict or bar a person's employment in schools. The Care Standards Act confers additional functions on the Tribunal including appeals in respect of the registration of care home and children's homes. In future (when the relevant statutory provisions are enacted) it will hear appeals against decisions of the Secretary of State for Health in respect of decisions to include the names of individuals on the list of those considered suitable to work with vulnerable adults and appeals against decisions of the General Social Care Council in England and the Care Council for Wales in respect of the registration of social workers and social care workers. (Chapter 1)

Carers (Recognition and Services) Act 1995 - an Act which provides for social services assessment of the ability of carers to provide care. (Chapter 18)

Caution - before questioning a suspect the police must administer a caution, which explains the suspect's rights not to answer questions and, normally, the consequences at any later trial of not answering the questions now. (Chapter 14)

Chambers hearings - are hearings in private. (But rarely in the judge's private chambers from which the term derives; most chambers do not have the room to take all the people who will be involved in the hearing.) There are no press present and unnecessary formalities such the wearing of wigs are not required. (Chapter 1)

Child Assessment Order - a short-term order (maximum 7 days) under s.43 of the Children Act 1989 which provides for the compulsory assessment of the child's state of health and development. (Chapter 12)

Child recovery order - s.49 of the Children Act 1989. (Chapter 12)

Child protection conference - is the basic instrument of the case by case child protection system. It has a double purpose: (i) to make judgments about the likelihood of a child suffering significant harm in the future; and (ii) to decide whether future action is needed to safeguard the child and promote his or her welfare, how that action will be taken forward and with what intended consequences. It is at the child protection conference that the investigative process and the planning process for children coincide. It is often called a case conference by children services authority social workers.  (Chapter 9)

Child protection register - a management tool that records the fact that a child has been or is suspected of being abused or is believed to be at risk of being abused. It should serve to 'ring alarm bells' when a professional faced with a new situation of proved or suspected child abuse consults the register on a later occasion. It is being phased out as a result of the implementation of child care plans for each child and the creation of the children's database, contact point. (Chapter 6)

Child protection plan - is produced by the child protection conference with the aim of identifying risks of significant harm to the child and ways in which the child can be protected. It should establish short-term and longer-term aims and objectives that are clearly linked to reducing the risk of harm to the child and promoting the child's welfare. (Chapter 9)

Child safety orders - these are orders available under s.11 of the Crime and Disorder Act 1998 to control and protect children under the age of ten. The grounds for the order include behaviour that would be criminal but for the child's age. It is the local authority with social services responsibility which has to apply for the order. (Chapter 20)

Children Act 1989 - the Children Act 1989 came into force in England and Wales in 1991. It provides the legal basis for most proceedings relating to children. The aim of the Children Act was to simplify the law relating to children, making it more consistent and more flexible, and to make the law more appropriate by making it child centred. (Chapters 7 – 13)

Children Act 2004 - this Act was passed following the Laming Report and the Green Paper 'Every Child Matters'. It creates a duty for children's services authorities in England and Wales to make arrangements to promote co-operation between the authority and its relevant partners and other bodies which exercise functions in relation to children. It also creates the Children's Commissioner for England and Local Safeguarding Children Boards.

Children and Family Court Advisory and Support Service - was established in April 2001 as a non-departmental government body. The principal functions of CAFCASS are set out in the Criminal Justice and Court Services Act 2000. These are in respect of family proceedings in which the welfare of children is or may be in question to:

CAFCASS is a core member of Local Safeguarding Boards. (Chapter 6 & 9)

Children and Young People's Plans - section 17 of the Children Act 2004 imposes a duty on children's services authorities to plan for the provision of services for children. It is linked to the duty to co-operate which is the subject of section 10 of that Act. Regulations will make provision for the content, timescale, publication and review of the plan and what consultation should be undertaken in its preparation. The Government intends the CYPP to be based on the five outcomes for children and to contain a statement of local vision for children and young people, key outcomes, a strategic analysis, actions (with timescales), references to joint planning with key partners, performance management and review of children's services, and to outline the consultation undertaken in its preparation. The authority will have to publish the CYPP and to review it annually. (Chapter 6)

Children's Commissioner for England - a role created by the Children Act 2004. It includes the promotion and safeguarding of the rights and interests of children (and certain groups of vulnerable young adults) in England. (Chapter 6)

Children's Commissioner for Wales - is an independent body which has the role of ensuring that the rights of children and young people are upheld. It was set up following a recommendation in Lost in Care, the report of the Waterhouse Tribunal which looked into the abuse of children in care in the former county council areas of Gwynedd and Clwyd. The office of the Children's Commissioner for Wales was established under the Care Standards Act 2000. (Chapter 6)

Children's Guardian - rules of court set out the functions of the Children's guardian. The way in which the guardian works is by a process of investigation involving interviewing the local authority personnel, the child, the parents, relatives and any other persons the guardian considers relevant. The guardian then prepares a report stating what the guardian considers to be in the best interest of the child's welfare. This report must be made available to all parties to the proceedings in advance of the final hearing. (Chapter 1)

Children (Leaving Care) Act 2000 - the Act's main purpose is to help young people who have been looked after by a local authority move from care into living independently. To do this it amends the Children Act (c.41) to place a duty on local authorities to assess and meet need. (Chapter 10)

Children in need - there is a general duty in s.17 of the Children Act 1989 to safeguard and promote the welfare of children within their area who are in need. The definition of children in need is set out in s.17 (10) of the Act.
(10) For the purposes of this Part a child shall be taken to be in need if -
(a) he is unlikely to achieve or maintain, or to have the opportunity of achieving or maintaining, a reasonable standard of health or development without the provision for him of services by a local authority under this Part;
(b) his health or development is likely to be significantly impaired, or further impaired, without the provision for him of such services; or
(c) he is disabled, and 'family', in relation to such a child, includes any person who has parental responsibility for the child and any other person with whom he has been living;
Having established that the child is in need, the local authority has the power to provide the appropriate services. These services are set out in Part 3 of the Children Act and in Schedule 2 to the Act. (Chapter 10)

Children's National Service Framework - is a project which will set national standards across the National Health Service and social services for children and is a priority project for the Children's Taskforce. (Chapter 8)

Children's Rights Director - is an office set up as part of the Care Standards Commission. The office has a range of specific responsibilities in terms of children's rights which are set out in the National Care Standards Children's Rights Director Regulations 2002. (Chapter 6)

Children's Services Authorities – local government bodies which owe duties to safeguard and protect the welfare of children in their area under the Children Act 1989 and the Children Act 2004. They include county councils; metropolitan district councils; London Borough Councils. (Chapter 6)

Children's Taskforce - is an interdisciplinary team set up by the Department of Health in November 2000 to take forward the National Health Service National plan with respect to its implications for children. Its mission is "to improve the lives and health of children through the delivery of needs-led, integrated effective and evidence based services." (Chapter 8)

Children's Trusts - a Children's Trust is a model of partnership provision of social, health and education services for children which provides a framework for organisations to join together in local partnership where this would assist them to commission and, where relevant, directly provide services for children. It is designed to help in particular those children with a combination of health, educational and social care needs. It does not have a statutory basis. (Chapter 6)

Civil courts - are where people can gain remedies for injustices "proved on the balance of probabilities". The parties to the proceedings are the claimant - the person who is claiming their rights, and the defendant. (Chapter 1)

Claimant - someone who issues a claim in the civil courts. (Chapter 1)

Client - a customer of professional services. (Chapter 1)

Code C - under the Police and Criminal Evidence Act the police must abide by the requirements set out in Code C, the Code on Detention Treatment and Questioning. It sets out minimum standards of treatment, the role of the appropriate adult, and the limits and purpose of the questioning. (Chapter 14)

Commission for Social Care Inspection - brings together the work formerly undertaken by the Social Services Inspectorate, the SSI/Audit Commission joint review team and the social care functions of the National Care Standards Commission. It was created under the Health & Social Care Act 2003. It will be merged with the Health Care Commission and the Mental Health Act Commission in 2008 to form the Care Quality Commission.  (Chapter 1)

Commission for Healthcare Audit and Inspection - is better known as the Health care Commission.  It will merge with the Commission for Social Care Inspection and the Mental Health Act Commission in 2008 to form the Care Quality Commission. (Chapter 1)

Committal - criminal cases start in the magistrates' courts (which include the youth court). These courts can commit a defendant for trial, or if convicted, for sentence, to the Crown Court if the offence is an either way offence and the magistrates or youth court believes the Crown Court sentencing powers would be required to deal with this matter, or the case is so difficult that it ought to be tried before a judge and jury (adult defendants only, unless tried together with a juvenile). (Chapter 17– see also Chapter 1)

Committal application - an application to commit a defendant to custody or prison. (Chapter 1)

Common law - a system of law which derives from judicial decisions as opposed to statutory authority. (Chapter 1)

Common law duty of care - some people have a legal responsibility towards other people and if they act carelessly in discharging that responsibility then the law will hold them responsible for the consequences. (Chapter 1)

Community order – a sentence for offenders age 16 upwards, which can have various requirements attached (e.g. curfew, activities, drug testing). Replaces community punishment order, combination order, attendance centre order etc. (Chapter 14)

Community rehabilitation order - formerly probation; available for a convicted child of at least 16. (Chapter 14)

Community sentence - a type of sentence which is designed to both punish and rehabilitate. Examples include community punishment order, action plan order, supervision, or referral order. (Chapter 14)

Complaints - local councils are required to have formal procedures to deal with complaints under the National Health Service and Community Care Act 1990 and the Children Act 1989. (Chapter 1)

Conditional discharge - following a criminal conviction a court may decide that no punishment is now appropriate, but to persuade the offender to avoid further offending, the condition of the discharge is that she or he could be punished for this offence if they are convicted of a further offence during a specified period of up to three years. (Chapter 14)

Confession - evidence of what people say outside the witness box, if used at trial, is generally called hearsay, and is not admissible unless a specified exception can be identified. Confessions are a form of out of court statement by the defendant in a criminal trial, and are admissible as part of the evidence against the defendant as an exception to the hearsay rule, so long as the circumstances in which the confession was obtained meet the requirements of the Police and Criminal Evidence Act. (Chapters 12 and 14)

Confidentiality - a social worker (in common with all professionals) owes a duty of confidentiality to the service user and should not disclose confidential information without permission. However the duty is not absolute and can be breached in circumstances where it is in the public interest to do so. (Chapter 4)

Consent - lawful consent to a course of action, for instance medical treatment, has three qualities. First the person must have the capacity or competence to consent, second they must have sufficient information to enable them to give informed consent, and third it must have been given voluntarily. (Chapter 3)

Contact order - a private law children order under s.8 of the Children Act 1989, specifying the contact arrangements between the child and specified others. (Chapter 7)

Contact Point – the name of the information database on children set up by the Children Act 2004 and due to be implemented in 2008. (Chapter 6)

Contempt of court - if someone breaks a court order, such as an injunction, they are acting in contempt of court and can be imprisoned. (Chapter 5)

Convention adoption orders - are defined in the Adoption and Children Act 2002 as adoptions order made by virtue of regulations made under section 1 of the 1999 Act. What this means is that Convention adoption orders are regulated by the Hague Convention. (Chapter 13)

Core Assessment – an in depth assessment of the needs of the child and the capacity of others to respond to those needs. (Chapter 9)

Court of Protection - a Court set up under the Mental Health Act 1983 which is responsible for administering the financial affairs of a person who lacks the capacity to regulate their own affairs and for whom an Enduring Power of Attorney has not been made. (Chapter 19)

Court rules and Practice Directions - are judge made law which govern the day to day practice of litigation. These rules which are drafted by the Rule Committee are essential to the implementation of legislation. The Rule Committee is a committee of judges with legislative authority. (Chapter 1)

Covenant of quiet enjoyment - is implied by law into every tenancy. What this means is that the landlord makes a legally binding promise that the tenant's lawful possession of land will not be substantially interfered with by the landlord. In practical terms, therefore, the landlord cannot go into the tenant's home without permission, he cannot send the tenant threatening letters, neither should he stop the tenant using the premises as he wishes. The covenant is particularly useful in the context of harassment and illegal eviction. (Chapter 21)

Crime and Disorder Act 1998 - introduced a range of quasi-criminal orders, aimed at tackling bad behaviour in order to benefit the community, but not actually taking the form of a criminal prosecution. The Act also contains a range of strategic duties for local authorities working in partnership with other key organisations to reduce the level of crime and disorder in their areas. (Chapters 14 and 20)

Crime and Disorder Reduction Partnerships – the 1998 Crime and Disorder Act established partnerships between the police, local authorities, probation service, health authorities, the voluntary sector, and local residents and businesses to work together to reduce crime and disorder in their area by establishing the levels of crime and disorder problems in their area and devising a strategy to tackle those priority problems. (Chapter 20)

Criminal courts - are where the state prosecutes offences and courts impose penalties on those convicted. People can only be convicted where the evidence points to guilt "beyond reasonable doubt". The parties to proceedings are the prosecution and the defence. (Chapter 1)

Criminal Justice Act 2003 - contained controversial measures, including the reform of the ancient protection of the rule against double jeopardy and allowing juries to hear of a defendant's previous convictions and ending the right in many cases to trial by jury. (Chapters 5 and 6). Also reformed sentencing procedures. (Chapter 14)

Cross examination – see examination in chief

Crown Court - is where serious criminal cases are heard before a judge and jury following committal from the magistrates' court. (Chapter 1)

Crown Prosecution Service - advises the police on possible prosecutions and takes over prosecutions begun by police. It is responsible for the preparation of cases for court and for their presentation at court. It works in partnership with the police, the courts and other agencies throughout the criminal justice system. The role of the Crown Prosecution Service is to prosecute cases firmly, fairly and effectively when there is sufficient evidence to provide a realistic prospect of conviction and when it is in the public interest to do so. (Chapters 8, 15 and 14)

Curfew order - this can arise in a number of ways. A curfew can be a condition of granting bail (though it is not then called a curfew order). It is a form of community punishment available for juveniles aged 16 upwards following a conviction. Curfews can also be imposed under local child curfew schemes in a particular locality by the Home Secretary at the request of a local authority under powers contained in s14 of the Crime and Disorder Act 1998. Curfew can also be part of a supervision order imposed following a criminal conviction. (Chapter 14)

Custody record - police must open this record for any person detained or volunteering for questioning at a police station in relation to a suspected criminal offence; the record contains a chronology of the treatment of the suspect while at the police station. (Chapter 14)

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