Elizabeth A Martin - Oxford Dictionary of Law, 5th Ed. (2003)

Under the Drug Trafficking Offences Act 1986, the Crown Court must impose a *confiscation order when a person who has benefited from drug trafficking is sentenced for a related offence. The amount of the order is the proceeds of the offender's trafficking or, if less, the amount realizable from his property. Imprisonment follows any default. The Act also penalizes those assisting in the retention of drug trafficking proceeds or disclosing information likely to prejudice a drug trafficking investigation. Under the Crime (Sentences) Act 1997 there is an automatic seven-year minimum sentence on third-time dealers in Class A drugs. However, judges may give a lesser sentence if the court considers the minimum would be unjust in all the circumstances. See also REPEAT OFFENDER.

controlled tenancy A type of *protected tenancy that sometimes occurred with tenancies created before 6 July 1957. From 28 November 1980 all controlled tenancies were converted into *regulated tenancies.

controlled trust A trust of which one or more solicitors or their employees are sole trustees. Such trusts are subject to special accounts rules made under the Solicitors Act 1974; breaches of these rules may be reported to the Solicitors' Disciplinary Tribunal.

controller n. (in company law) Strictly, one who holds shares conferring a majority of the "voting power that can be exercised at a general meeting. In practice, effective control can often be exercised by a director with no voting power or a minority of it if he is able to manipulate *proxy voting. See also SUBSIDIARY COMPANY.

convention n. 1. A *treaty, usually of a multilateral nature. The International Law Commission prepares draft conventions on various issues for the progressive development of international law. 2. A written document adopted by international organizations for their own regulation. 3. See

conversion n. 1. (in tort) The tort of wrongfully dealing with a person's goods in a way that constitutes a denial of the owner's rights or an assertion of rights inconsistent with the owner's. Wrongfully taking possession of goods, disposing of them, destroying them, or refusing to give them back are acts of conversion. Mere negligence in allowing goods to be lost or destroyed was not conversion at common law, but is a ground of liability under the Torts (Interference with Goods) Act 1977. The claimant in conversion must prove that he had ownership, possession, or the right to immediate possession of the goods at the time of the defendant's wrongful act (see also JUS TERTII). Subject to some exceptions, it is no defence that the defendant acted innocently. 2. (in equity) The changing (either actually or fictionally) of one kind of property into another. For example, if land is sold the interest of those entitled to the property changes from an interest in the land to an interest in the money that represents it. Before 1926 (and to a lesser extent thereafter) it was important to know whether a person entitled to property had interests in land or in the proceeds of its sale: to leave the determination of these rights to be decided by the precise moment of a sale could have led to uncertainty and injustice. The doctrine of conversion stated that if there was a duty to convert the property, equity would assume the property to have been converted forthwith: "equity looks on that as done which ought to have been done" (see MAXIMS OF EQUITY). This doctrine was abolished with effect from 1 January 1997 by the Trusts of Land and Appointment of Trustees Act 1996.

converted tenancy A tenancy that was converted from a *controlled tenancy into a *regulated tenancy. From 28 November 1980 all controlled tenancies were converted into regulated tenancies.

conveyance n. 1. a. A document (other than a will) that transfers an interest in land. To convey a legal estate in land, the conveyance must be by deed. b. Transfer of an interest in land by means of this document. See also CONVEYANCING. 2. Any vehicle, vessel, or aircraft manufactured or subsequently adapted to carry one or more people. It is a statutory offence (and also an *arrestable offence), punishable by up

to six months' imprisonment and a fine, for anyone to take a conveyance for his own or someone else's use (albeit temporary) without permission or to drive or be transported in a conveyance knowing that it has been taken without authority. See

also AGGRAVATED VEHICLE-TAKING; INTERFERING WITH VEHICLES.

conveyancing n. The procedures involved in validly creating, extinguishing, and transferring ownership of interests in land. Only a practising solicitor or *licensed conveyancer may charge a fee for undertaking the most essential parts of such transactions. Under the Law of Property (Miscellaneous Provisions) Act 1989 land contacts must be made in writing. Apart from preparing the deeds or other documents by which the transaction is effected, certain investigative steps are usually required. For example, the sale and purchase of a residential house in England or Wales will generally involve the following.

(1)Preparation of a contract by the vendor's solicitor defining the terms of the transaction, describing the property concerned, and disclosing *land charges and other interests in it that will affect the purchaser. In the case of registered land, this will be accompanied by *office copies of the registered title.

(2)Written inquiries by the purchaser's solicitor seeking assurances from the vendor that matters which may not be apparent from inspection of the site will not impose any unforeseen liability on the purchaser. These questions generally cover such potential problems as disputes over boundaries, the construction or treatment of buildings, compliance with planning and rating authorities' requirements, and liability for maintenance of shared facilities (such as boundary walls). If the Law Society's "Transaction" protocol is used, the vendor supplies a Seller'sProperty Information Form, which gives details of the property and replaces the standard *preliminary inquiries.

(3)*Official search by the purchaser's solicitor in the local land charges register to ensure there are no undisclosed charges of a local or environmental nature that could bind the purchaser. The local authority is also asked to disclose other

information, such as proposals for building new roads near the property. Other searches may be carried out at this stage, for example commons registration searches. If the land appears to be unregistered, there will be an official search of the *index maps, to check that it has not, in fact, been registered.

(4)If the purchaser is raising a *mortgage loan towards the price, his solicitor or other agent will ensure that the funds will be available at the appropriate time and that any conditions imposed by the mortgagees can be satisfied.

(5)The purchaser's solicitor may then negotiate alterations to the draft contract with the vendor's solicitor, in order to ensure its compliance with the purchaser's requirements and to cover points arising from the earlier inquiries and search. For example, if an unforeseen local land charge has been discovered, a term may be inserted requiring the vendor to clear it before the transaction is completed.

(6)When there is a chain of sales and purchases dependent on one another, the solicitors for the parties involved liaise with one another through all steps of the transactions, particularly in arranging a date for completion, to ensure that the various completions coincide.

(7)The parties become legally committed to buy and sell respectively upon *exchange of contracts. It is then usual for the purchaser to pay a percentage of the price to the vendor's solicitor as stakeholder.

court of last resort A court from which no appeal (or no further appeal) lies. In English law the *House of Lords is usually the court of last resort (although some cases may be referred to the *European Court of Justice). However, in some cases the *Court of Appeal is by statute the court of last resort.

Court of Probate A court created in 1857 to take over the jurisdiction formerly exercised by the ecclesiastical courts in relation to the granting of probate and letters of administration. By the Judicature Acts 1873-75 the jurisdiction of the court was transferred to the *Probate, Divorce and Admiralty Division of the High Court.

Court of Protection A court that administers the property and affairs of persons of unsound mind, formerly called the Management and Administration Department. The head of the court is called the Master.

Court of Queen'sBench Until 1875, one of the three courts of *common law into which the curia regis was divided (the others being the *Court of Common Pleas and the *Court of Exchequer). Its principal functions were the trial of civil actions in contract and tort and the exercise of supervisory powers over inferior courts. By the Judicature Acts 1873-75 its jurisdiction was transferred to the *Queen's Bench Division of the High Court. When the sovereign was a king, it was known as the

Court of King'sBench.

court of record A court whose acts and judicial proceedings are permanently maintained and recorded. In modern practice the principal significance of such courts is that they have the power to punish for *contempt of court. See also

CONTRACT OF RECORD.

Court of Session A Scottish court corresponding to the *Supreme Court of Judicature in England and Wales. It consists of an Outer House (corresponding to the *High Court) and an Inner House (corresponding to the *Court of Appeal).

court of summary jurisdiction See MAGISTRATES' COURT. court order See ORDER.

covenant n. See DEED; LEASE; RESTRICTNE COVENANT.

covenant running with the land 1. A *restrictive covenant affecting freehold land and binding or benefiting third parties who acquire the land. A restrictive covenant runs with the land of the covenantee if it is intended to benefit, and is capable of benefiting, land owned by the covenantor (the *dominant tenement). A covenant created before 1926 will bind a purchaser for value of the legal estate in the *servient tenement if he has notice of it; a covenant created after 1925 will not bind a purchaser of the legal estate for money or money'sworth unless it is registered (see REGISTRATION OF ENCUMBRANCES). A positive covenant (i.e. an obligation to perform an act) does not run with the land. 2. In a lease, a covenant, either restrictive or positive, that "touches and concerns" the land, i.e. one that affects the nature, value, or enjoyment of the land, and will bind successors in title of the landlord and the tenant provided there is *privity of estate between them.

covenant to repair A clause contained in most *Ieases that sets out each party's obligations to carry out repairs. The standard of repair depends on the terms of the covenant and the kind of property. The general rule is that the property must be maintained in the condition that a reasonable tenant of that property would expect. The person carrying out the repairs must, so far as possible, restore the property to the condition it was in before the damage occurred. In the case of a block of flats or offices, the landlord is often responsible for external, and the tenant for internal,

landlord in the case of a short lease and the tenant in the case of a longer lease. A landlord is liable by statute to repair the structure and exterior and the appliances for heating and sanitation in a dwelling house let for less than seven years.

If the tenant does not fulfil his repairing obligations the landlord's remedies are *forfeiture or suing the tenant for damages. If the landlord is in breach of covenant, the tenant's remedies are as follows: he can sue for damages equal to the difference between the value of the property as it is and the value it should have if repaired; he can sue for *specific performance, a court order to compel the landlord to carry out his obligations; or, if he is sure that the landlord is in breach of covenant and he has told the landlord about the breach, he can carry out the repairs himself and recover the cost from future rent.

coverture n. The status of a woman duri.ng, and arising out of, marriage. At common law a wife "lost" her own personality, which became incorporated into that of her husband, and could only act under his protection and "cover". Married women no longer suffer disabilities as a result of coverture. See also UNITY OF PERSONALITY.

CPR See CIVIL PROCEDURE RULES.

CPS See CROWN PROSECUTION SERVICE.

credit n. 1. The agreed deferment of payment of a debt. Under the Consumer Credit Act 1974,credit also includes any other form of financial accommodation, including a cash loan. It does not include the charge for credit but does include the total price of goods hired to an individual under a *hire-purchase agreement less the aggregate of the deposit and the total charge for credit. 2. (in the law of evidence) The credibility of a witness. It must be inferred by the *trier of fact from the witness's demeanour and the evidence in the case. A witness may be cross-examined as to credit (i.e. impeached) by reference to his *previous convictions, bias, or any physical or mental incapacity affecting the credibility of his evidence.

credit card A plastic card, issued by a bank or finance organization, that enables its holder to obtain credit when making purchases. The use of credit cards usually involves three contracts. (1) A contract between the company issuing the credit card and the cardholder whereby the holder can use the card to purchase goods and, in return, promises to pay the credit company the price charged by the supplier. The holder normally receives monthly statements from the credit company, which he may pay in full within a certain number of days with no interest charged; alternatively, he may make a specified minimum payment and pay a high rate of interest on the outstanding balance. (2) A contract between the credit company and the supplier whereby the supplier agrees to accept payment by use of the card and the credit company agrees to pay the supplier the price of the goods supplied less a discount. (3) A contract between the cardholder and the supplier, who agrees to supply the goods on the basis that payment will be obtained from the credit company.

credit limit 1. The maximum credit allowed to a debtor. 2. (under the Consumer Credit Act 1974) The maximum debit balance allowed on a running-account credit agreement during any period.

creditor n. 1. One to whom a debt is owed. See alsoJUDGMENT CREDITOR; LOAN

CREDITOR; SECURED CREDITOR; UNSECURED CREDITOR. 2. (under the Consumer Credit Act

1974) The person providing credit under a *consumer-credit agreement or the person to whom his rights and duties under the agreement have passed by assignment or operation of law.

creditors'committee A committee that may be appointed by creditors to supervise the trustee appointed to handle the affairs of a bankrupt. A committee consists of between three and five creditors and their duty is to see that the distribution of the bankrupt's assets is carried out as quickly and economically as possible. See also BANKRUPTCY.

credit sale agreement A contract for the sale of goods under which the price is payable by instalments but the contract is not a *conditional sale agreement, i.e. ownership passes to the buyer. A credit sale agreement is a *consumer-credit agreement; it is regulated by the Consumer Credit Act 1974 if the buyer is an individual, the credit does not exceed £25,000, and the agreement is not otherwise exempt.

crime n. An act (or sometimes a failure to act) that is deemed by statute or by the common law to be a public wrong and is therefore punishable by the state in criminal proceedings. Every crime consists of an *actus reus accompanied by a specified *mens rea (unless it is a crime of *strict liability), and the prosecution must prove these elements of the crime beyond reasonable doubt (see BURDEN OF PROOF). Some crimes are serious wrongs of a moral nature (e.g. murder or rape); others interfere with the smooth running of society (e.g. parking offences). Most *prosecutions for crime are brought by the police (although they can also be initiated by private people); some require the consent of the *Attorney General. Crimes are customarily divided into *indictable offences (for trial by judge and jury) and *summary offences (for trial by magistrates); some are hybrid (see OFFENCES TRIABLE EITHER WAY). Crimes are also divided into *arrestable offences and nonarrestable offences. The *punishments for a crime include death (for treason), life imprisonment (e.g. for murder), imprisonment for a specified period, suspended sentences of imprisonment, conditional discharges, probation, binding over, and fines; in most cases judges have discretion in deciding on the punishment (see SENTENCE). Some crimes may also be civil wrongs (see TORT); for example, theft and criminal damage are crimes punishable by imprisonment as well as torts for which the victim may claim damages.

crimes against humanity See WAR CRIMES. crimes against peace See WAR CRIMES.

criminal conviction certificate A certificate given to those who request details of information held about their criminal records. The certificate is obtained from the *Criminal Records Agency, which was set up under the Police Act 1997.

criminal court A court exercising jurisdiction over criminal rather than civil cases. In England all criminal cases must be initiated in the *magistrates' courts. *Summary offences and some *indictable offences are also tried by magistrates' courts; the more serious indictable offences are committed to the *Crown Court for trial.

criminal damage The offence of intentionally or recklessly destroying or damaging any property belonging to another without a lawful excuse. It is punishable by up to ten years' imprisonment. There is also an aggravated offence, punishable by a maximum sentence of life imprisonment. of damaging property (even one's own) in such a way as to endanger someone's life, either intentionally or recklessly. Related offences are those of threatening to destroy or damage property and of possessing anything with the intention of destroying or damaging property with it. See also ARSON.

Criminal Injuries Compensation Scheme A state scheme for awarding payments from public funds to victims who have sustained *criminal injury, on the same basis as civil damages would be awarded (see also COMPENSATION). Damage to property is not included in the scheme. The scheme is administered by a board that may refuse or reduce an award (1) if the claimant fails to cooperate in providing details of the circumstances of the in jury or in assisting the police to bring the wrongdoer to justice, or (2)because of the claimant's activities, unlawful conduct, or conduct in connection with the injury. Dependants of persons dying after sustaining criminal injury may also claim awards. The board may apply for a county court order directing a convicted offender wholly or partly to reimburse the board for an award made. The Criminal Injuries Compensation Act 1995 (in force from 1 April 1996) set out new rules for payment. See also RIOT.

criminal injury For purposes of the *Criminal Injuries Compensation Scheme, any crime involving the use of violence against another person. Such crimes include rape, assault, arson, poisoning, and criminal damage to property involving a risk of danger to life; traffic offences other than a deliberate attempt to run the victim down are not included. The injury sustained includes pregnancy, disease, and mental distress attributable either to fear of immediate physical injury (even to another person) or to being present when another person sustained physical injury.

criminal libel See LIBEL.

Criminal Records Agency A state body that provides individuals with information about their criminal records in the form of a *criminal conviction certificate. The agency was set up under the Police Act 1997 and comes into operation in 1997. The Act also provides for full and enhanced checks to be undertaken on individuals with criminal records and for the information obtained to be passed, with their consent, to bodies registered for that purpose.

cross-appeals pl. n. Appeals by both parties to court proceedings when neither party is satisfied with the judgment of the lower court. For example, a defendant may appeal against a judgment finding him liable for damages, while the claimant may appeal in the same case on the ground that the amount of damages awarded is too low.

cross-examination n. The questioning of a *witness by a party other than the one who called him to testify. It may be to the issue, i.e. designed to elicit information favourable to the party on whose behalf it is conducted and to cast doubt on the accuracy of evidence given against that party; or to credit, i.e. designed to cast doubt upon the credibility of the witness. *Leading questions may be asked during cross-examination. See also CREDIT.

Crown n. The office (a *corporation sole) in which supreme power in the UK is legally vested. The person filling it at any given time is referred to as the sovereign (a king or queen: see also QUEEN). The title to the Crown is hereditary and its descent is governed by the Act of Settlement 1701as amended by His Majesty's Declaration of Abdication Act 1936 (which excluded Edward VIlI and his descendants from the line of succession). The majority of governmental powers in the UK are now conferred by statute directly on ministers, the judiciary, and other persons and bodies, but the sovereign retains a limited number of common law functions (known as *royal prerogatives) that, except in exceptional circumstances, can be exercised only in accordance with ministerial advice. In practice it is the minister. and not the sovereign, who today carries out these common law powers and is said to be the Crown when so doing.