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B

Bail 

In Admiralty proceedings the security given to obtain the release of a ship. In criminal proceedings, an arrangement for the release of an accused person pending trial or sentence subject to conditions.

 

Bankruptcy

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

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 The original function was to remove a criminal case from an inferior court to a superior court on account of partiality or incapacity of the judge or intricacy of the case. It is now also a means of review for errors by an inferior judge during a criminal case up to sentence. It is available to either the prosecutor or the accused; and now extends to criminal trials in solemn proceedings in the High Court but only on the application of the prosecutor. It is the means by which a prosecutor seeks to have the High Court review an error in a court of summary jurisdiction. See Bill of suspension.

Bill of suspension This is an application by the person affected to the High Court of Justiciary from a court of summary jurisdiction (a sheriff sitting alone, a stipendiary magistrate or a Justice of the Peace Court) seeking to review and set aside an illegal or improper warrant, conviction or decision. Such an application by a prosecutor is by bill of advocation. Where it is sought to appeal against conviction on a question of fact or law the usual method of appeal is by application to the court of summary jurisdiction for a stated case. See also Bill of AdvocationStated Case.

Bond of caution 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 ensures that money is available in the event that the security is required. Note 'Caution' is pronounced to rhyme with station. See also Caution.

Books of Adjournal The books or records of the Justiciary Office in relation to criminal proceedings.

Books of Council and Session A popular title for the Registers of Deeds and Probative Writs in which, according to the directions they contain, deeds, etc., may be registered for preservation or preservation and execution.

Books of Sederunt Records of the Acts of Sederunt in the Court of Session.

Brevitatis causa For the sake of brevity.

By order A hearing of a case put out for the hearing at the instance of the court and not on the motion of a party.

 

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