London Law Enforcement
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Abet To encourage someone to commit a criminal offence
Absolute Discharge Instead of convicting an accused, a sentencing judge in a proper case may grant an absolute discharge, which has the effect of there never having been a conviction
Act A statute enacted by Parliament or a legislature
Act of Settlement A statute passed by the Parliament of the U.K. in 1701 which settled the succession to the throne of the U.K. and confirmed the independence of the judiciary
Action A civil law proceeding sometimes called a "lawsuit"
Actus Reus The physical acts by which a criminal offence is committed
actually, with mens rea, one of the two major, essential ingredients of every criminal law offence
Aid To assist someone to commit a criminal offence
Appearance The document by which a defendant responds to a Writ of Summons or Petition in civil law proceedings
Assize A sitting of a common law court, usually to hear cases at locations away from the primary court centre
At bar An expression used to describe a case that is currently before a court, as in "the case at bar"
Attorney General An elected member of the legislature and a member of the cabinet who is the chief law officer of the Crown responsible for the proper administration of justice in the Province. In the federal sphere, the Minister of Justice fills this role as Attorney General of Canada
Automatism A disassociative state where a person is not aware of his or her actions or the consequences
Bail Now described in the Criminal Code as "judicial interim release", a court order permitting the release from custody of an accused person pending trail, or of a convicted person pending appeal. See Recognizance
Bigamy A married person going through a ceremony of marriage with a person not his or her spouse
Bill A proposed Act or Statute prior to its enactment
Blasphemous Libel The publication of material that would shock and outrage the feelings of believing Christians
Bona fide A Latin phrase describing an honest and genuine state of mind, literally "good faith"
Break and Enter Wrongfully breaking any part of any premises in order to enter, usually for the purpose of committing an offence
Canadian Bill of Rights A statute passed by Parliament in 1960 purporting to guarantee certain rights. It has been largely superceded by the Canadian Charter of Rights and Freedoms
Canadian Charter of Rights and Freedoms Since 1982, a part of the Constitution of Canada guaranteeing certain specific rights and protections against state action
Caveat Literally, a warning
also a document that may be filed in Land Titles Offices to warn about alleged or possible defects in the state of the title
Certiorari An "Extraordinary Remedy" used by a superior court to quash an order or decision made without jurisdiction by a court or tribunal of inferior jurisdiction
Challenge for Cause The right of a party to a jury trial to object to the empanelment of a juror for some reason such as interest or bias
Chancery The court administered by the Lord Chancellor for the exercise of equitable jurisdiction
Circumstantial Evidence As distinguished from direct evidence. Evidence which does not prove a fact in issue directly, but rather indirectly by inference from subsidiary facts such as when a witness says "I heard a shot and I saw the accused with a gun in his hand standing over a body lying on the ground." From these facts, if believed, a jury could infer that the accused shot the person lying on the ground
Cite or Citation A system, after "citing" or referring to a case or statute, of identifying where the "cited" case or statute may be found – e.g., [1989] 2 S.C.R. 1, means that the case is reported in the second volume of the Supreme Court of Canada Reports for 1989 at page 1
Co-conspirator A person, charged or uncharged, who is alleged to be a party to a conspiracy
Code A complete statement of the law in a given area. In Canada we have a Criminal Code, an Act of the Parliament of Canada which creates criminal offences, and prescribes the procedure for the conduct of criminal law proceedings. Quebec has a Code of civil laws
Colour of right An honestly held belief in entitlement to property
a defence to a charge of theft
Common Law The law as stated in the decisions of the judges from the earliest times to the present
Compendium A collection of writings
Concurrent Sentence Sentences for different offences that are served at the same time rather than consecutively
Conditional Discharge Instead of giving an absolute discharge, a sentencing judge may grant a conditional discharge. When the conditions are satisfied, the discharge becomes absolute
Conditional Sentence A sentence of less than two years ordered to be served in the community (without going to gaol) subject to a probation order
Conscripted Evidence Evidence obtained from a person against his or her interest, such as bodily fluids, or a confession or admission
Consecutive sentence A sentence for an offence that must be served consecutively, rather than concurrently or at the same time, with another sentence
Conspiracy A criminal offence that is complete whenever two or more persons (other than a husband and wife) agree to do something that is unlawful, or something that is lawful by unlawful means
Contemnor A person who has been convicted of contempt of court
Contempt of Court A common law offence committed by one who disrupts court proceedings or interferes with the court’s work, which the court may punish summarily
Convention An unwritten but generally understood principle of constitutional law
Conversion The wrongful taking or appropriation of property or rights
Counsel To encourage or persuade a person to commit an offence
or, a term used to describe a lawyer
County and District Courts Federally appointed courts of inferior jurisdiction that have all been merged into the senior superior trial court in each province. There are no longer any County or District Courts in Canada
Court of King’s (or Queen’s) Bench The senior common law court in the U.K. and the name of the senior, superior trial court in many Canadian provinces
Criminal Rate of Interest An annual rate of interest in excess of 60%
Cross-Examination The examination (asking questions), by opposing counsel after the completion of the examination in chief of a witness by the lawyer for a party that called the witness
Culpable Homicide Causing death by a wrongful act or criminal negligence or by the other means described in Criminal Code s. 222(5)
Defamatory Libel Publishing material without lawful excuse that exposes anyone to hatred, contempt or ridicule
Defendant In civil proceedings, the person being sued
in criminal proceedings, more often called "the accused"
Denunciation A principle of sentencing used to describe the view that one of the purposes of sentencing is to express society’s emphatic disapproval of criminal conduct
Direct Evidence As distinguished from circumstantial evidence. Evidence that proves a fact in issue directly without relying upon an inference from other facts, such as when a witness says "I saw A shoot B."
Discovery The processes for the production and inspection of relevant documents, sworn answers to written questions (interrogatories) about facts in issue, or pre-trial cross-examination under oath of parties in civil law proceedings
English Law Act The first Ordinance (statute) passed after British Columbia became a Colony in 1859, which introduced English law into British Columbia except where inapplicable because of local conditions
Equity A system of laws parallel to the common law. Equity was developed to ameliorate the harshness of the common law which recognized only strict legal rights
Et al. Literally, "and others"
it is usually used after the name of the first party in a Style of Cause to indicate that there are other, unnamed parties
Examination in chief The process, sometimes called direct examination, where the lawyer calling the witness asks non-leading questions to have the witness give the court his or her evidence
Executive Branch of Government There are three branches of government the Executive, comprising essentially the Cabinet and the Ministries
the Legislative Branch, being Parliament in the federal sphere and the legislatures in the provincial sphere
and the Judicial branch
Extortion Wrongfully by threats or violence causing any person to do anything
Extraordinary Remedies Habeas Corpus, Certiorari, Prohibition and Mandamus, which are the names of proceedings taken in a superior court to require courts and tribunals either to stay within their proper jurisdiction, or to exercise properly the jurisdiction they have
in civil proceedings in B.C. These remedies are largely replaced by proceedings under the Judicial Review Procedure Act
"Faint Hope" clause Section 745(6) of the Criminal Code, which permits a person serving a life sentence without eligibility for parole for more than 15 years, to apply after serving at least 15 years to have a jury review such ineligibility. A jury’s recommendation for reduced ineligibility is not binding on the Parole Board
False pretence A false representation of a past or present fact made by a person who knows it is false and intends that it be acted upon
Firearm Any barrelled weapon that is capable of causing death or injury
First Degree Murder Murder that is planned and deliberate, or murder committed by one or more of the means described in Criminal Code s. 231(3) or (4)
Forgery The making of a false document fraudulently and with the intent that it be acted on
Fraud A knowingly wrong act or deceitful representation
General Deterrence A principle of sentencing that assumes a prison sentence for A will deter others from committing the same or other offences
Genocide Advocating the death or destruction of identifiable groups
Governor General The personal representative of the Sovereign in Canada and the largely ceremonial Head of State when the Queen of Canada is not in Canada
Habeas Corpus An "Extraordinary Remedy" which requires anyone detaining a person to justify such detention to a superior court. While generally used in criminal law proceedings, this ancient remedy also applies in a civil law context
Hate Propaganda The publication of material that advocates genocide or hatred of an identifiable group of citizens
Her Majesty’s Loyal Opposition or "the Opposition" The largest group of non-government members in Parliament or a legislature whose role is to oppose the government
Homicide Causing the death of a person
In personam A Latin phrase meaning that proceedings are being taken against a person in her or his individual capacity, "personally", as opposed to an action in rem, which would be directed at an asset such as a ship, real estate, or a fund of money
Indictable Offence One of the categories of offences created by the Criminal Code (the other being summary conviction offences)
Indictment A document filed with the court at the start of a criminal trial that states with particularity the offence charged against the accused(s)
Infanticide In criminal law, the causing of the death of a newly born child by its mother
Inherent Jurisdiction A well understood but unspecific, unwritten jurisdiction that gives superior, non-statutory courts authority to provide required remedies and to maintain their own authority such as by injunction, contempt and other proceedings
Injunction A court order requiring those "enjoined" from doing or continuing to do some act that the court considers they have no right to do, or, in the case of a Mandatory Injunction, requiring them to do what the court considers they are legally obliged to do
Insane Automatism A disassociative state caused by a disease of the mind where a person is not aware of his or her actions or the consequences
Interlocutory Order A procedural order that does not finally dispose of an action, made in the course of proceedings — e.g., an order to amend a pleading or to adjourn a trial
Intermittent Sentence A sentence of less than 90 days that can be served in segments, usually on weekends
Intra Vires Literally, within the powers. Valid, or within a body’s jurisdiction, such as "legislation relating to substantive criminal law is intra vires the federal government"
Justice System An unspecific and ill-defined term often used to describe one or all of the various components of the law-related institutions of the state, including courts, lawyers, police, parole, prisons and other corrections facilities
Kienapple The name of an important case that prevents an accused from being convicted (or punished) for more than one offence arising from the same set of facts. The name of this case, "Kienapple" is often used to describe this principle
Law Reports Verbatim reports or summaries of court decisions, usually published with an editorial summary called the "headnote"
Law Society A statutory body created by the Legal Professions Act to which all lawyers must belong. The Society governs the admission of lawyers to the legal profession and disciplines them for misconduct. The society is operated by 28 Benchers elected by all the members of the Society to represent geographic regions of the province
Leader of the Opposition The leader of the Opposition in Parliament or a legislature
Legislation One or more statutes or Acts enacted by Parliament or a legislature
Legislature The provincial equivalent of the federal Parliament but with only one House, usually called the Legislative Assembly
Lieutenant Governor The provincial counterpart of the Governor General. There is a Lieutenant Governor in each province
Long-time offender An offender convicted of several offences who has shown a pattern of repetitive behaviour that shows a likelihood of future dangerousness or future harm, often of a sexual nature
Lord Chancellor The highest ranking judge in the U.K., who also presides in the judicial work of the House of Lords, is a member of the Cabinet, and discharges responsibilities equivalent to the Canadian Minister of Justice. His appointment as "L.C." is at the pleasure of the Prime Minister, but upon replacement he (there has never been a woman L.C.) continues as a "Law Lord," and can sit as a judge in the House of Lords, the highest court in the U.K.
Magna Carta An agreement, known as the "Great Charter", reached between King John and the Barons of England at Runnymede in 1215 whereby the King agreed to important and specific limitations upon the rights of the Crown. (See Chapter 1, Endnote 1)
Mandamus An "Extraordinary Remedy" used by a superior court to require a court or tribunal of inferior jurisdiction to exercise a jurisdiction that it has
Master A provincially appointed officer of the Supreme Court of British Columbia who has jurisdiction to make procedural orders in the course of litigation, and other orders, other than final orders, as designated in the Rules of Court
Maximum Sentence The longest term of imprisonment or fine that can be imposed for a particular offence
Mediation A process in civil law proceedings involving a third party, sometimes a judge, meeting jointly and/or separately with parties and their lawyers with a view to settlement
Mens Rea Literally, a guilty mind
actually, with the actus reus, the other major, essential element of every criminal law prosecution
Minimum Sentence A sentence specified in the Criminal Code as the least sentence that can be imposed, but this does not usually preclude a higher sentence being imposed
Ministry A branch or department of a government, such as the Ministry of Citizenship and Immigration (federal), or the Ministry of Forests or Education (provincial)
Murder Causing death with one of the intents or by one of the means described in Criminal Code sections 229 or 230, provided the accused has subjective foresight of death
My Lord, Your Lordship, My Lady, Your Ladyship The usual way of addressing superior court judges in court, as distinguished from "Your Honour", which is the usual term for addressing judges of the Provincial Court. Magistrates were formerly addressed as "Your Worship", but that term is no longer in common use except with reference to the Mayor of a City
Nisi An Order Nisi is a preliminary order to be followed by a final order, such as in an "Order Nisi of Foreclosure" or an "Order Nisi of Divorce"
Non-culpable homicide Causing death in a manner not regarded as culpable under the Code
Non-Insane Automatism A disassociative state not caused by a disease of the mind where the person is not aware of his or her actions or the consequences of such actions
Non obstante A Latin expression meaning, literally, "notwithstanding". It is often used to refer to s. 33 of the Charter, which permits Parliament or a legislature to enact laws that are exempt from the Charter. The exemption lasts only five years unless renewed
Offence A culpable breach of a section of the Criminal Code creating a crime
in short, a crime
Order in Council A rule, regulation or decree made by the cabinet (technically the Lieutenant Governor in Council pursuant to legislative authority. (See "Regulation")
Pardon The National Parole Board may grant a pardon to anyone who has served his or her sentence and has demonstrated that they are responsible citizens. Usually a waiting period of at least five years is required
Parliament The House of Commons and the Senate of Canada
Parole A legislated plan for the early release of persons serving sentences in prison
Particulars Detailed information or "particulars" of facts alleged in a more general pleading, or in a criminal charge
Party A person who is a party, i.e., a plaintiff or defendant in a civil law proceeding
or in criminal law, a person who actually commits an offence or who is liable as a party to an offence by reason of aiding or abetting or conspiring or counselling the commission of an offence
Peace Officer Usually, a police officer
but the Criminal Code provides a much broader definition that includes many public officers such as prison guards, game wardens and many others
Peremptory Challenge The right of any party to a jury trial to object to the empanelment of a juror without giving any cause or reason for the challenge
Petition An initiating document in civil law proceedings other than an action. A Petition generally raises an issue arising under a Statute, such as a Petition for Probate of a Will or for the winding-up of a company
Petition of Right An historic document in the form of a Petition by Parliament to the new King and Queen, William and Mary, in 1688 by which the new Monarchs agreed, among other things, that judges would be appointed for life, their salaries would be fixed by Parliament, and they could be removed only for breach of their promise of good behaviour. These arrangements were confirmed by the Act of Settlement in 1701 and in the Constitution of Canada
Plaintiff(s) the person or persons who commence civil law proceedings, as distinguished from the defendant, who is the person(s) being sued
Pleading the documents exchanged between parties in a civil law suit that govern the scope of the proceedings
usually a writ, statement of claim, statement of defence, reply, and particulars
pleadings are filed in the court registry and form part of the formal record of the case
Polygamy The practice of having more than one husband or wife at the same time
Possession The personal possession of anything with knowledge what it is and some measure of control over it. There is an extensive definition of possession in Criminal Code s. 4(3)
Preliminary Inquiry A hearing before a Provincial Court Judge to determine whether there is any evidence of the commission of an offence by an accused to go to trial
Presumption of Innocence A fundamental principle of criminal law that assumes every person charged with an offence is not guilty until a court is satisfied beyond reasonable doubt that that person is guilty
Pre-Trial Conference A meeting between lawyers with a judge before the commencement of a trial to settle procedural questions and possibly define issues to be tried
Prima Facie Literally, "at first appearance"
a Latin expression used to describe a proposition that, if unanswered, would be accepted as valid
Privilege A legal right to keep some very limited kinds of communications confidential and exempt from disclosure in civil and criminal law proceedings, such as some kinds of communications between solicitor and client, or between husband and wife
Probation a court order made as part of a sentence requiring the accused, in lieu of or in addition to a fine or term of imprisonment, to keep the peace and be of good behaviour and do such other things as the court requires
Pro Bono Done "for the public good" without charge, as in pro bono services provided by a lawyer
Prohibited Weapon Generally, a firearm or any device designed to muffle the sound of a firearm
a knife with a blade that opens automatically
a rapid fire firearm, or a sawed-off rifle or shotgun, more specifically defined in s. 84 of the Criminal Code
Prohibition An "Extraordinary Remedy" used by a superior court to prohibit a court or tribunal of inferior jurisdiction from exercising, or from continuing to exercise, a jurisdiction it does not have
Provincial Court of British Columbia A large, provincially established court of inferior jurisdiction that hears a great many of the less serious civil and criminal law cases, and some serious criminal cases with the consent of the accused
Provocation A wrongful act or insult sufficient to cause an ordinary person to lose self-control, which will permit a jury to convict an accused person of manslaughter instead of murder. This concept is described in Criminal Code s. 232
Puisne Judge A Norman-French name for a judge of a court who is not the Chief Justice or Associate Chief Justice
Queen’s Peace An ancient term used to describe the normal state of tranquility breaches of which, such as violence of any kind, are usually offences. In an indictment, it is usually stated that the offence alleged is "against the Peace of our Sovereign Lady the Queen (in her representative capacity), her Crown and dignity"
R. v. (a name) R. in this context stands for "Regina" (Latin for "Queen") in whose name criminal law proceedings are brought. The "v." stands for "versus" or "against". Thus "R. v. Smith" would be the name of a criminal law case brought by the Crown against a person named Smith. When we had a King instead of a Queen, "R." stood for "Rex"
Reasonable Doubt The test for guilt in a criminal law case
a doubt based on reason and common sense
Recognizance A bail document signed by the accused and sureties stating the terms and conditions upon which the accused is being released
Reference A process by which the government refers a legal or constitutional question, such as the validity of legislation, to a court for the purpose of obtaining a decision of the court on the question referred
Registry The office of a court where documents are filed and other clerical functions are discharged
Regulations Subsidiary, dependent legislation enacted by Order in Council, when authorized by legislation, for the purpose of carrying out the purpose of legislation. See Order in Council
Rehabilitation A principle of sentencing that assumes offenders can be "reformed" or rehabilitated and for that reason should not be sent to prison, or that any prison term should be less than would be the case without such potential for rehabilitation
Res Gestae The component facts of an incident
also, in the law of evidence, an exclamation or "excited utterance" accompanying and forming part of the incident, such as where a person saying, just before he dies, "A. just shot me!"
Res Judicata Literally, "that which has been decided"
a principle that prevents a court from hearing or deciding the same case twice. It is usually raised as a defence by a person who has already litigated a matter to conclusion and should not be required to do so again
Restricted Weapon A firearm designed to be fired with one hand
a semi-automatic firearm
or a firearm designed to be fired when reduced by folding or telescoping
Retribution A principle of sentencing that is distinguishable from revenge but provides that sentences, amongst other things, should be reasonably proportionate to the culpability of the accused and the facts of the offence for which a sentence is to be imposed
Robbery Theft from a person with violence or a threat of violence or with weapons
Royal Assent The last procedural step in the enactment of legislation where the Queen’s representative "consents" to the enactment
Rule 18A A Rule of the Supreme Court of British Columbia providing for the summary trial, on affidavits, of civil actions where a judge is able fairly to decide the case or an issue in the case, usually without hearing witnesses. This process is available only in British Columbia
Rule of Law A synonym for law and order
the principle that requires that the powers of the state and its servants shall be derived from and limited either by legislation enacted by Parliament or a legislature, or judicial decisions taken by independent courts. Law by definition is a body of rules of general application. The rule of law is to be contrasted with "rule of man", or "the rule of force" which implies arbitrary, or autocratic governance by an individual or individuals not responsible to the people of the state
Rules of Court The statute establishing every court makes provision for Rules of Court to govern proceedings in the Court. Originally these rules were made by the judges, but as the rules now provide schedules of fees that may be charged by lawyers for some kinds of court-related legal work, the judges agreed that it would be better for such rules to be made by Order in Council after consultation with the Chief Justice. Each court has a Rules Committee that advises on rule changes
Scandalizing the Court An ancient form of contempt committed by unjustified and scandalous criticisms of a court or judge. This form of contempt has not been alleged for many years
Self-defence Justified force used to defend oneself, one’s property or dwelling or anyone under one’s protection
Serious personal injury offence An indictable offence other than high treason or murder committed with violence that is likely to endanger life or safety or psychological damage
or a sexual assault, sexual assault with a weapon, aggravated sexual assault or threats or causing bodily harm to a person
Solemnization of Marriage The ceremony of marriage
Specific Deterrence A principle of sentencing, which in a proper case requires a term of imprisonment to deter the accused personally from re-offending
Specific Performance A remedy requiring a party to a contract to perform his or her contractual obligations, such as to complete a sale of land
Stare decisis This Latin expression means "to stand by opinion and not disturb settled matters". This principle requires judges to follow and apply previous binding decisions of their own court or any higher court
Statement of Claim A pleading in civil law proceedings whereby the plaintiff alleges the facts relied upon in support of the remedy claimed in the action
Statement of Defence The responding pleading to a Statement of Claim in civil law proceedings where the defendant alleges the facts relied upon in defence of the claim made in the action
Statute A law or Act enacted by Parliament or a Legislature
Style of Cause The Heading of a document in legal proceedings that describes the names of the parties, such as AB (Plaintiff) v. CD and EF(Defendants)
Superior Court The superior courts whose judges are appointed by Canada, particularly the Supreme Court of Canada, the Federal Court of Canada, the provincial courts of appeal and the senior trial court in each province
Supernumerary Judge A federally appointed judge who has served 15 years and has attained 65 years (or 10 years and 70 years of age) who has elected to serve as a supernumerary or part time judge working about 50% of the time of a regular judge until retirement on pension at age 75. A supernumerary judge, may retire on pension at any time after making such an election as his or her pension is then earned by age and years of service
Supra A Latin expression meaning "above". It is usually found within brackets after the name of a case or statute without a citation, to indicate the citation has been given "above", or previously
Supreme Law of Canada The Constitution of Canada including the Canadian Charter of Rights and Freedoms
Surety In criminal law, a person who, with or without being required to post cash or security guarantees that an accused who was granted bail will appear for trial or his or her next scheduled court appearance
Suspended Sentence After conviction, a judge may suspend the passing of sentence for a fixed period with or without a probation order. Upon expiration of the period without further offences, there will be no sentence
Theft An offence committed when a person without colour of right fraudulently deprives a person of "anything" temporarily or permanently. A complete definition of the crime of theft is found in Criminal Code s. 322
Treaty An agreement reached between Canada and another country that usually requires legislation, or a multi-national agreement to which Canada may become a signatory, or an agreement between Canada and/or a province with an aboriginal people
Trier of Fact The trial judge, if sitting alone, or the jury if there is one, whose duty it is to decide questions of fact, as opposed to questions of law
Trust The relationship between persons where one person holds property on behalf of or for the benefit of another. A trust may be an "express trust", which is created by a trust agreement
an "implied trust", which the law infers from circumstances
a "resulting trust" by which trust property reverts to the original owner in special circumstances
or a "constructive trust", which is a recently developed remedy by which the law requires reimbursement for unjust enrichment, fraud or other legal wrong
Ultra vires Literally outside or beyond the powers. Invalid, as in invalid legislation, as opposed to intra vires or valid legislation
Uttering Usually using a false document
Voir dire The Norman French term for a trial or hearing within the course of a trial to determine whether evidence tendered by one side or the other is admissible. The law requires a voir dire hearing before a confession to a police officer or person in authority is admitted into evidence. If the statement is found inadmissible at the end of the voir dire, the trial continues but the statement is not admitted into evidence and it cannot be considered in deciding guilt or innocence
Warrant Expiry Upon being sentenced for an offence, a Warrant of Committal is signed by the Clerk of the Court certifying the conviction and the sentence that has been imposed. The warrant expiry date is the date when, because the sentence has expired, the warrant ceases to authorize the holding of the prisoner any longer
Weapon Anything used, designed to be used, or intended for use in causing death or injury, or for threatening or intimidating anyone, including a firearm
Witchcraft The fraudulent practice of sorcery or "crafty science" or the telling of fortunes fraudulently and for consideration
Writ of Summons In its larger context, a legal command given by the Court on behalf of the Sovereign giving notice of the commencement of proceedings and requiring those to whom it is directed to take steps in response. Thus it is sometimes referred to as the "Queen’s Writ". In its most common usage, a writ is the originating document in civil proceedings. Thus following its historical source, a writ is a command, issued by the court on behalf of the Sovereign, in the name of the Plaintiff, giving notice to the Defendant that a claim is being made in the court requiring the Defendant to respond by filing a document (in British Columbia, an Appearance) acknowledging the authority of the court and precluding default proceedings
Young Offenders Act A federal statute that governs the prosecution of persons under the age of 18 years unless they are transferred to the regular courts, usually because of the seriousness of the alleged offence.
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