This page is under development. Please email judicialcomms@scotcourts.gov.uk to suggest words to be added to the glossary.
O
Oath
In court proceedings the sworn undertaking by a witness to give truthful evidence. See also Affirmation
Obiter dictum
Opinion given incidentally. In other words, the opinion or comment is not the reason for the decision in the case.
Obtemper
To obey, usually of the decree or order of a court.
Offence
An offence is a breach of law, a crime
Offender
An offender is someone who has committed a crime. The term offender is only used after a person has been convicted of an offence. Before conviction, someone facing a charge is called the accused.
Open court
Most criminal hearings are heard in open court where the public can attend. Some sensitive cases are heard in private, which is known as ‘in camera’.
Opinion
A statement by a court or judge of reasons for the decision in a case. In the Sheriff Court it is called a "Note" and is attached to the interlocutor containing the decision.
Options hearing
A hearing in an ordinary action in the sheriff court to decide the next stage in the case. That could be a continuation of the hearing for up to a month to adjust the pleadings, the fixing of a debate on the law or a proof of the facts.
On cause shown
A term in Scots Law that means - where a valid reason has been demonstrated to the satisfaction of the court
Order for Lifelong Restriction
An OLR is a lifelong sentence put in place to protect the public. It is a sentence of imprisonment which can be imposed on people convicted at the High Court of a serious violent offence (other than murder), a serious sexual offence, an offence which endangers life, or an offence which indicates a tendency to serious violent, sexual or life-endangering offending. The court must impose an OLR where it appears that, because of the nature or circumstances of the offence, there is a likelihood that the offender will in the future seriously endanger the lives, or physical or psychological well-being, of members of the public, if he or she is not in custody.
The judge must set a ‘punishment part’ of the OLR which is the minimum time the offender must spend in prison before being considered by the Parole Board for Scotland for release into the community. If offenders are considered to be safe to serve the rest of their sentence in the community, they will remain under the intensive supervision of a criminal justice social worker. If the person commits another crime, they can be sent back to prison.
Ordinary cause
All sheriff court civil actions other than small claims, summary causes and summary applications, are ordinary actions subject to the Ordinary Cause Rules 1993 in the First Schedule to the Sheriff Courts (Scotland) Act 1907. A claim for £5,000 or more must be by an ordinary action.
Ordinary, Lord
The judge who hears cases at first instance in the Court of Session.