S

Sabbath n. See SUNDAY TRADlNG.

sabotage n. Damage to or destruction of property. especially the property of an
employer during a strike or of the state for political reasons. Sabotage as such is not
an offence. although it may be treated as *criminal damage. The courts have.
however. interpreted the phrase "prohibited place" in the Official Secrets Act 1911 to
bring sabotage against the state within the scope of that Act. even though it is clear
that Parliament's intention was only to prohibit spying. See OFFICIAL SECRETS.

safe haven A zone of territory within a sovereign state demarcated by the United
Nations (or other international organization) as a refuge to which a persecuted
*ethnic minority can choose to retire. While within such a zone the ethnic minority
is afforded military protection by the body that established the zone. The
international community set up safe havens in Iraq and the former Yugoslavia in
response to acts of systematic persecution carried out by the government of the
sovereign state concerned against part of its own population. See also HUMANITARIAN
INTERVENTION.

safety at work Every employer has a common-law duty to take reasonable care
for his employees' health. safety. and welfare at work: he may be sued in the courts
for damages if an employee is injured through the employer's negligence or failure
to observe the safety regulations. The employer cannot contract out of this liability
and. under the Employers' Liability (Compulsory Insurance) Act 1969. must insure
against his liability for employees' injuries and diseases sustained or contracted at
work. The Health and Safety at Work Act 1974 further requires employers to ensure.
as far as is reasonably practicable. that their working methods. equipment. premises.
and environment are safe and to give such training. information. and supervision as
will ensure their employees' health and safety (see HEALTH AND SAFETY COMMISSION).
Anyone employing more than five persons must maintain a written statement of
his general policy concerning his employees' health and safety (dealing. for example.
with safety rules and protective clothing) and must keep them informed of it. He
must also give relevant information to the *safety representatives of his employees'
trade unions and establish a *safety committee where appropriate.
The Employment Act 1989 contains legislation for the protection of female
workers. It is prohibited to employ women in a factory within four weeks of
childbirth; to employ women in a range of processes involving lead or lead
compounds; and to employ women in a range of processes in the pottery industry.
There are also restrictions on women working on ships and aeroplanes during
pregnancy.
Employees also have a duty to take reasonable care for their own health and
safety. for example by complying with safety regulations and using protective
equipment supplied to them. Employers and employees who fail to comply with the
requirements of the Health and Safety at Work Act 1974 face prosecution in the
criminal courts. An employee dismissed for health and safety reasons is under
certain circumstances regarded as having been unfairly dismissed. It is also regarded
as automatically unfair to select an employee for redundancy on certain grounds
connected with health and safety.

safety committee A committee that, under the Health and Safety at Work Act
1974,an employer must establish within three months after a written request from
at least two employees' *safety representatives. The employer must consult with the
safety representatives as to the composition of the committee and must also display
a notice in his premises informing his employees of its composition and the
workplaces it covers. The *code of practice published by the Health and Safety
Commission suggests that safety committees' responsibilities should include
monitoring accidents and disease occurring in the workplace and developing
improved safety rules and systems of work and training of employees with regard
to safety.

safety representatives Employees appointed by trade unions to represent the
interests of their colleagues regarding their health, safety, and welfare at work.
Regulations made under the Health and Safety at Work Act 1974 give a trade union
recognized as having negotiating rights on behalf of a group or class of employees
the right to appoint at least one of those employees as a safety representative. The
representatives' statutory powers include the investigation of accidents and
industrial diseases occurring at the workplace and inspection of the premises to
determine their causes. The employer must allow them time off work with pay to
train for and perform their duties and to attend meetings of *safety committees.
See also DISCLOSURE OF INFORMATION.

sale n. A contract involving the *sale of goods or a similar contract involving the
transfer of land.

sale by description A contract of sale of goods containing words identifying its
subject matter, e.g. 1000 tonnes of Western White Wheat. Even when the subject
matter of the contract is physically ascertained at the time of contracting, e.g. a
particular motor car, the contract may contain words of description or
identification. The goods delivered must match their description in the contract;
otherwise the seller is in breach of an *implied condition of the contract and the
buyer, if he acts promptly, may reject the goods.

sale by sample A contract of sale of goods made on the basis that the bulk of
goods to be delivered to the buyer will match a sample submitted by the seller. If
the bulk does not match the sample the seller is in breach of an *implied condition
of the contract and the buyer may reject the goods. The seller must give the buyer a
reasonable opportunity of comparing the bulk with the sample and the goods must
be free from any defect making them unmerchantable that would not be apparent
on reasonable examination of the sample.

sale of goods A contract by which a seller transfers or agrees to transfer the
ownership of goods to a buyer in exchange for a money price. If ownership is to
pass at a future time the contract is called an agreement to sell. The contract,
which need not be in writing, may contain *express terms. Terms may also be
implied by law (see also IMPLIED CONDITION); for example, that the seller has a right to
sell, that the goods correspond with the description under which they are sold, and
that the goods are of *satisfactory quality and are reasonably fit for the buyer's
purpose. Unless the parties agree otherwise the seller must hand over the goods in
exchange for the price and the buyer must pay the price in exchange for the goods.
Much of the law governing the sale of goods is codified in the Sale of Goods Act
1979.

sale on approval See SALE OR RETURN.

sale or return (sale on approval) The delivery of goods to a person on terms
that allow him to keep the goods for a time before he decides whether or not to buy
them. Unless otherwise agreed, such a person becomes the owner if he signifies his
approval of the goods or carries out any other act adopting the transaction. He will
also become the owner if he retains the goods beyond the time fixed for their
return, or, if no time has been fixed, beyond a reasonable time.

salvage n. The service rendered by a person who saves or helps to save maritime
property. Salvage may be the subject of an express agreement. In the absence of any
agreement, a salvor is entitled by law to an award (also known as salvage), which is
assessed by the court and payable out of the salvaged property, if he shows that the
property was in real danger and that he acted with some skill and in a purely
voluntary capacity. The award can also take account of the saving of life, but this
alone gives no claim to an award as there is no property saved out of which
payment can be ordered. The rules apply equally to aircraft. However, no award of
salvage may be made unless the ship or aircraft is on or over the sea or tidal waters.
Property saved in a nontidal river cannot be subject to a salvage claim.

salvage of trust property A power that existed before 1926 for the court to
authorize a payment for preserving (or salvaging) trust property (e.g. repairing
buildings) even though the document creating the trust did not permit such
payment. A wider power was given by statute in 1925,under which the court can
authorize any transaction that is expedient.

sanction n. 1. A *punishment for a crime. See NULLA POENA SINE LEGE. 2. A measure
taken against a state to compel it to obey international law or to punish it for a
breach of international law. It is often said that international law is deficient
because it lacks the power to impose sanctions or even to compel states to accept
the jurisdiction of courts (see INTERNATIONAL COURT OF JUSTICE). There are, however,
certain sanctions that can be applied. A state may, in certain cases, use force in selfdefence,
or as a sanction against an act of aggression, or as a reprisal (for example,
by expropriating property belonging to citizens of a country that had previously
carried out unlawful acts of expropriation). It may also act by way of *retorsion.
There are also certain powers of sanction available under the United Nations system,
such as economic (and, at least in theory, military) sanctions, although the powers of
the Security Council to impose sanctions are subject to veto. See alsoANGARY.

Sanderson order See BULLOCK ORDER.

sanity n. See PRESUMPTION OF SANITY.

sans recours (without recourse to me) A stipulation that the drawer or an
endorser of a *bill of exchange may add to his signature, thus repudiating his
liability to the holder. If the bill is dishonoured, the holder has no recourse to the
drawer or endorser who has made such a stipulation.

SARs (Substantial Acquisition Rules) Rules, administered by the Panel on
Takeovers and Mergers, governing the acquisition of substantial shareholdings in
public companies. See CITY CODE ON TAKEOVERS AND MERGERS; CONCERT PARTY; DAWN
RAID.

satisfaction n. 1. The fulfilment of a claim. See alsoACCORD AND SATISFACTION.
2. A doctrine of equity under which an obligation is discharged by payment,
performance, or some similar act. The doctrine applies when the acts of a settlor
are unclear. If the settlor discharges his obligation by an act different from that
required, the obligation is said to be satisfied provided that the act he does is a
sufficient substitute for the act he is charged to do. Thus if he owes a debt and
leaves a legacy of the same or a greater amount to the creditor, the creditor is
satisfied. Closely analogous to satisfaction are cases in which payment of a legacy is
satisfied by payment of a *portion and one legacy is satisfied by payment of another
(see ADEMPTION): in these cases, however, there is no prior obligation owed by the
settlor.

satisfactory quality An *implied condition that goods sold in the course of
business will meet the standard that a reasonable person would regard as
satisfactory. In assessing this, account is taken of any description of the goods, the
price (if relevant), and all other circumstances. The quality of goods includes their
state and condition, taking account of their fitness for purpose, appearance and
finish, freedom from minor defects, safety, and durability. Most commercial
agreements exclude the implied conditions and replace them with express
*warranties, although unreasonable exclusions in standard-form contracts, even
between two businesses, may be void under the law relating to *unfair contract
terms. Satisfactory quality replaced the term merchantable quality by the Sale and
Supply of Goods Act 1994,with effect from 3 January 1995.

satisfied term The expired period of an interest in land for a term of years
created for a specific purpose that has been fulfilled. For example, when land under
a *strict settlement is assigned to trustees for a term of years on trust to raise
capital sums for members of the settlor's family, the term is satisfied when the
sums have been raised. Under the Law of Property Act 1925, the estate or interest in
the land ceases when the purpose is fulfilled. A term of years that has not expired
although the purpose for which it was created has been fulfilled is called an
outstanding term.

Saunders v Vaufier See RULE IN SAUNDERS V VAUTIER.

scandalous statement A statement that is irrelevant and abusive. When such a
statement appears in statements of case or in an affidavit the court or a judge may
order it to be struck out.

schedule n. An appendix to an Act of Parliament or other legislation that deals
with points of detail supplementary to the main part.

scheme n. A document, normally approved by the court, that contains provisions
for the management or distribution of property or for resolving a dispute
concerning allegedly conflicting rights. For example, the court or the *Charity
Commissioners may approve a scheme for the management of a charitable trust.

scheme of arrangement 1. An agreement between a debtor and his creditors to
arrange the debtor's affairs to satisfy the creditors. The debtor usually agrees to
such an arrangement in order to avoid *bankruptcy. If the arrangement is agreed
when no *bankruptcy order has been made, it is governed primarily by the ordinary
law of contract. However, if it is for the benefit of the debtor's creditors generally,
or if the debtor is insolvent and it is for the benefit of at least three of his creditors,
it is a *deed of arrangement and subject to statutory control unless it is a voluntary
arrangement. An arrangement agreed after a bankruptcy order has been made is
governed by the statutory provisions relating to bankruptcy (see VOLUNTARY
ARRANGEMENT). 2. An agreement between a company and its creditors or members
when the company is in financial difficulties or to effect a *takeover. It must be
approved by a majority in number (holding 75% in value) of those creditors or
members at separate meetings and sanctioned by the court. All creditors or
members involved in the scheme are bound by it, although the court can make
special provision for those who dissent (Companies Act 1985). Agreements with
company creditors can often be more conveniently concluded by *voluntary
arrangement under the Insolvency Act 1986.

Schengen Agreement The agreement between most member states of the
European Union (but not the UK)to abolish internal border controls. It came into
force on 26 March 1995. See also PASSPORT.

scienter rule See CLASSIFICATION OF ANIMALS.

Scottish Parliament A body established by the Scotland Act 1998 (and operative
from July 1999), having 129 elected members (Members of the Scottish Parliament;
MSPs) and possessing limited primary legislative powers over such matters as
health, school education, and forestry, as defined within the Act. It may alter the
basic rate of income tax in Scotland by up to three pence in the pound. The
Scottish Executive (the devolved government of Scotland) is formed by the party or
parties with the majority of seats in the Parliament. See DEVOLUTION.

Scott Schedule A document used in *official referee's business for giving
*particulars when the claim is in respect of a large number of individual items (e.g.
a landlord's claim for dilapidations). The Scott Schedule is divided into columns
providing for (1) the consecutive numbering of the items; (2) the full description of
each item; (3) the contention of each party against each item as to liability or
amount; and (4) a column for the use of the court. It is named after a former
official referee.

scuttling n. Sinking a ship (particularly with a view to making a fraudulent
insurance claim) by making or opening holes in its hull to allow the entry of
water.

seal n. Wax impressed with a design and attached to any document as a sign of its
authenticity; alternatively, an adhesive wafer or anything else intended to serve the
purpose of a seal may be used. Under the terms of the Law of Property
(Miscellaneous Provisions) Act 1989, *deeds no longer require a seal in order to be
validly executed.

SEAQ (Stock Exchange Automated Quotations System) See QUOTATION.
search 1. vb. To examine the registers maintained by HM Land Registry, the Land
Charges Department, or the registers of local land charges during an *official
search. 2. n. See POWER OF SEARCH.

search before Crown Court The searching of a person on the order of the
Crown Court when that person has been ordered by the court to pay a fine or to pay
money for some other reason (e.g.forfeiture of a *recognizance). Any money found
on the person can be used towards payment of the sum due, any excess being
returned.

search of ship The right that a belligerent power has during wartime, under
public international law, to search any ship of a neutral power on the high seas in
order to discover whether it is carrying *contraband.

search order An order made by the High Court (usually the Chancery Division)
requiring a defendant to permit a claimant or his representatives to enter the
defendant's premises to inspect or take away material evidence that the defendant
might wish to remove or destroy in order to frustrate the claimant's claim, or to
force a defendant to answer certain questions. Formerly (until 1999) known as an

Anton Piller order, from the case Anton Piller KG v Manufacturing Processes (1976),
the order is commonly used in cases where the copyright of video films or tapes or
computer software is alleged to have been infringed. By statute the *privilege
against self-incrimination does not apply.

search warrant See POWER OF SEARCH.

seat belt A belt fitted in a motor vehicle, designed to restrict the forward
movement of a driver or front-seat passenger in the event of an accident. All
passenger vehicles with seating for fewer than 13 passengers and most four-wheeled
goods vehicles registered after 1 January 1965 must comply with statutory
regulations governing seat belts, although the details of these regulations vary
according to the date when the vehicle was first registered. lt is compulsory for all
drivers and front-seat passengers in cars registered after 1964, light vans registered
after 1966, and three-wheeler vehicles registered after 1969 to wear seat belts at all
times when the vehicle is moving, and for back-seat passengers to wear seat belts
when these are fitted, subject to certain exceptions. These exceptions are: (1) drivers
carrying out any manoeuvre that includes reversing (passengers must still wear
their seat belts during such manoeuvres); (2) drivers making local delivery or
collection rounds in specially adapted vehicles (e.g.milkmen in milk vans); (3)anyone
whose seat belt has become faulty during the drive or who has already arranged to
have a faulty belt repaired; (4)anyone whose belt has locked on a steep hill; (5)
anyone supervising a learner who is reversing; (6) certain categories of people with a
special exemption certificate on medical grounds.
Any front-seat passenger over the age of 14 is responsible for wearing his own
seat belt, but the driver of the car is responsible for ensuring that front-seat
passengers under the age of 14 wear a seat belt. Children under the age of one must
wear an approved child restraint. Over the age of one they can wear an adult seat
belt, preferably with an approved booster cushion to raise them to a suitable height.
Alternatively they can sit in the back seat fitted with an approved restraint. When
more passengers are carried than there are seat belts available, the passengers who
do not have seat belts do not break the law by not being restrained. Thus in a fourseater
car with a fifth passenger sitting in the middle of the back seat, the middle
back passenger does not break the law by being unrestrained.
Failure to wear a seat belt carries a *fine at level 2 on the standard scale and may
also be regarded as *contributory negligence in a claim for injuries sustained in a
road traffic accident, leading to a reduction in damages.

sea waybill A receipt for goods that contains or evidences the contract for the
carriage of goods by sea and also identifies the person to whom delivery of the
goods is to be made by the carrier in accordance with that contract. A sea waybill is
not a *bill of lading: it is commonly used in container transport and, unlike a bill of
lading, does not have to be produced at the port of discharge in order to obtain
delivery.

seaworthy adj. 1. Having at the start of a voyage the degree of fitness (as respects
the ship, her crew, and her equipment) for that particular voyage that a careful
owner might be expected to require of his ship. 2. The suitability of a particular
ship to carry a particular cargo. Obligations relating to seaworthiness are implied by
law in charterparties and imposed by the Hague Rules in bills of lading. A marine
insurance policy incorporates by statute a warranty that the insured ship is
seaworthy.

secession n. The action of breaking away or formally withdrawing from an
alliance, a federation, a political or religious organization, etc. An example of
secession is the attempted withdrawal of the Confederate States from the United
States in the War of Secession (1861-65).

secondary evidence Evidence that by its nature suggests the existence of better
evidence and might be rejected if that better evidence is available (e.g.a copy of a
document). Secondary evidence is generally admissible if the absence of the
*primary evidence is explained.

secondary party An *accessory to a crime.

secondary use See SHIFTING USE.

Secretary of State See MINISTER.

secret profits Profits made by an *agent during the course of his agency without
the knowledge or authorization of his principal. The principal may require the agent
to account for secret profits.

secret trust A trust whose existence is not revealed in the document transferring
the property to the person who is to be the trustee. It arises when a testator (or
more rarely a settlor) gives property to someone on that person's express or implied
promise to hold the property on trust for a third party. On the face of the
document the transaction appears to be an outright gift, and the existence of a
trust is not apparent. Such trusts are sometimes called fully secret trusts, to
distinguish them from *half-secret trusts, but the term secret trust is sometimes
used for both. Doctrinal difficulties have arisen with secret trusts because they
appear to allow a will to be altered indirectly without the need to comply with the
formalities of the Wills Act 1837,and their theoretical basis is unclear. Some recent
cases have suggested that there is no conflict with the Wills Act, since the trust
operates ordinary equitable jurisdiction.

section 8 orders Court orders under the Children Act 1989 that settle practical
details concerning the child's care and upbringing in any family proceedings in
which the child's welfare is a matter for consideration (such as matrimonial,
wardship, or adoption proceedings). Section 8 orders, which replace the old access,
custody, and care and control orders, include residence, contact, prohibited steps, and
specific issues orders. A residence order settles arrangements about where a child is
to live. Such an order is typically made when parents live apart and cannot agree
where the child is to live. Residence orders may also be made in respect of
nonparents: in such a case, the order would confer parental responsibility on those
in whose favour the order is made. A contact order defines the extent and nature
of the contact the child is to have with other individuals. A contact order cannot be
made in favour of a local authority or while the child is in care. A prohibited steps
order prohibits certain specified steps (for example, taking a child abroad) being
taken without the consent of the court and can be made against anyone regardless
of whether he or she has parental responsibility for the child. A specific issue
order deals with any specific issues concerning the child's upbringing, such as
education or medical treatment.
Section 8 orders are only necessary when there is a dispute between the parents or
others in relation to a child and are usually only made in respect of children up to
the age of 16. In determining whether or not to make such an order, the court must
treat the child's welfare as paramount.

section 30 order (parental order) An order of the court made under section 30
of the Human Fertilization and Embryology Act 1990,which provides for a child to
be treated in law as the child of the parties to a marriage if the child has been
carried by a woman other than the wife as a result of *human assisted
reproduction. Application must be made within six months of the child's birth
and the child's home must be with the husband and wife at the time of the
application.

section 37 investigation An investigation of a child's circumstances ordered by
the court to be carried out by a local authority when the court has cause for serious
concern about the child's upbringing. The order may be made in any *family
proceedings, for example when an application for a residence or contact order is
being made by a parent (see SECTION 8 ORDERS). The local authority carrying out the
investigation must consider whether it should apply for a *care order or a
*supervision order or assistance for the child or its family or take any other action
with respect to the child.

section 47 enquiry An enquiry carried out by a local authority in order to enable
it to decide whether or not it should take any action to safeguard and promote the
welfare of a particular child. The local authority is under a duty to carry out such
an investigation if it has reasonable cause to suspect that a child is suffering or
likely to suffer significant harm, or is the subject of an *emergency protection
order, or is in police protection (see POLICE PROTECTION ORDER). As a result of its
enquiries a local authority might decide that no action is required; alternatively, it
may decide that the family in question is in need of support and provide the
appropriate services, or it may apply for an emergency protection order, a *care
order, a *supervision order, or a *child assessment order. If, in the course of its
enquiries, a local authority is denied access to a child, it should immediately apply to
court for an emergency protection order.

sector theory A proposed basis for national claims to sovereignty over both the
Arctic and Antarctica. The sector theory delineates a meridian line from the pole to
the farthest extremity of the contiguous state's land mass. All territory within that
sector is thereupon purported to be under the sovereignty of the claimant state. It
should be.noted that this theory is not universally recognized as the sole basis for
claiming territory in these regions.

secure accommodation order An order that allows a local authority to restrict
the liberty of a child whom it is looking after by placing him in secure
accommodation. Under the Children Act 1989 such orders may only be sought in
respect of a child who has a history of absconding from unsecure accommodation
and who, if he does abscond, is likely to suffer significant harm.

secured creditor A person who holds some security, such as a mortgage, for
money he has lent. If the debtor becomes bankrupt the creditor has a choice. He
may surrender his security and claim the amount of the debt from the bankrupt's
assets; he may realize or evaluate the security and claim any balance of the debt in
excess of the value of the security; or he may rely on the security and not make any
claim in the bankruptcy proceedings. Compare UNSECURED CREDITOR.

secure tenancy A residential tenancy in which the tenant has statutory
protection if he occupies the rented property as his home. It applies only if there is
a certain kind of landlord, such as a local authority, the *Housing Corporation, or a
*housing action trust. Certain tenants are excluded from protection; these include
students, the occupants of almshouses, licensed premises, and accommodation for
the homeless, and those renting accommodation on long leases or who have a
*service tenancy.
If a secure tenancy is for a fixed term, the tenancy continues at the end of the
term as a *periodic tenancy. A landlord can only terminate a secure tenancy by
serving a notice on the tenant in a special statutory form and can only obtain
possession with the tenant's consent or, if this is refused, by a court order. An order
is granted only if the landlord has statutory grounds similar to those required in the
case of an *assured tenancy. When the holder of a secure tenancy dies, his spouse or
a member of his family who has lived with him for the past 12 months can succeed
him as tenant. Under certain conditions, secure tenants have a right to buy their
rented property, at a discount on the market value of the property, and with their
landlord supplying a mortgage. The Housing Act 1988 contains provisions for the
transfer of public-sector housing to the private sector and to housing action trusts.
See alsoINTRODUCTORY TENANCY.

secure training order See JUVENILE OFFENDER.

securities pl. n. Loosely, *stocks, *shares, *debentures, *bonds, or any other rights
to receive dividends or interest. Strictly, the term should only be used for rights
backed by some sort of security, as in the case of debentures.

Securities and Investment Board (SIB) The agency set up under the Financial
Services Act 1986 to ensure that those who are engaged in investment business
(including dealing in, arranging deals in, and managing investments and also giving
investment advice) are honest, competent, and solvent. It is an offence, unless
exempt, to carryon investment business without SIBauthorization (which may be
obtained directly or via membership of a recognized *self-regulatory organization or
professional body). Those in contravention may be unable to enforce transactions,
and investors who suffer loss may be entitled to compensation. The composition of
the Board must reflect a proper balance between the interests of those who carryon
investment business and the interests of the public.

Security Council (of the UN)See UNITED NATIONS.

security for costs A sum payable by a claimant to a civil action as a condition of
being permitted to continue with the action. The court has discretion as to whether
or not to order security for costs and may exercise it only in four circumstances: (1)
when the claimant is ordinarily resident out of the area of the jurisdiction; (2)when
the claimant is suing on behalf of someone who will be unable to pay the
defendant's costs if ordered to do so; (3)when the claimaint's address is dishonestly
not stated or incorrectly stated on the originating process; or (4) the claimant has
changed his address during the course of the proceedings in order to evade the
consequences of the litigation. A defendant may not be ordered to give security for
costs. When security is ordered the claimant is usually ordered to pay a sum into
court.

security of tenure Statutory protection given to tenants that restricts landlords'
rights to obtain possession. The conditions for obtaining possession vary according to
the kind of tenancy, but a court order is usually required. See AGRICULTURAL HOLDING;
ASSURED AGRICULTURAL OCCUPANCY; ASSURED SHORTHOLD TENANCY; ASSURED TENANCY;
BUSINESS TENANCY; LONG TENANCY; PROTECTED TENANCY; PROTECTED OCCUPANCY; SECURE
TENANCY; STATUTORY TENANCY.

sedition n. The speaking or writing of words that are likely to incite ordinary
people to public disorder or insurrection. Sedition is a common-law offence (known
as seditious libel if the words are written) if it is committed with the intention of
(1) arousing hatred, contempt, or disaffection against the sovereign or her successors
(but not the monarchy as such), the government of the UK,or either House of
Parliament or the administration of justice; (2) encouraging any change of the law
by unlawful means; or (3) raising discontent among Her Majesty's subjects or
promoting ill-will and hostility between different classes of subjects. There must
be an intention to achieve these consequences by violence and disorder. An
agreement to carry out an act to further any of these intentions is a criminal
*conspiracy.

seduction n. 1. Enticement to have sexual intercourse. Until 1971 parents could sue
a seducer for loss of services of their child, but this has now been abolished. lt is an
offence for a parent to cause or encourage the seduction of a daughter under the
age of 16, the *age of consent. 2. The offence under the Incitement to Disaffection
Act 1934 of maliciously and advisedly endeavouring to persuade any member of HM
forces to abandon his duty or allegiance to the Crown.

seisin n. Possession of a freehold estate in land. Historically, availability of certain
remedies for a landowner depended on being able to show seisin. In modern times it
is unnecessary to distinguish between seisin and possession, the latter being the
basis of most remedies available to a landowner. See also UNITY OF SEISIN.

select committee A committee appointed by either House of Parliament or
both Houses jointly to investigate and report on a matter of interest to them in
the performance of their functions. Examples are the committees of the
Commons that examine government expenditure or the activities of government
departments and the nationalized industries, and the *Joint Committee on Statutory
Instruments.

self-assessment n.A system enabling taxpayers to assess their own tax liabilities
for the year. Modified tax forms, introduced with effect from the tax year 1996-97,
contain an optional self-assessment section. Individuals who do not want to assess
their own tax must complete the return with details of their taxable income, etc.,
and return it by 30 September in order for the Inland Revenue to calculate the tax
due. Taxpayers who opt for self-assessment must fill in the relevant section and
return their tax forms by 31 January. There are automatic penalties for late returns.
Self-assessment mainly affects company directors, employees paying tax at the
higher rate of 40%,and the self-employed.

self-build society A *housing association whose object is to provide, for sale to
or occupation by its members, dwellings built or improved principally by their own
labour.

self-defence n. 1. A defence at common law to charges of *offences against the
person (including homicide) when *reasonable force is used to defend oneself, or
one's family, or anyone else against attack or threatened attack. The scope of the
defence often overlaps with the statutory right to use reasonable force to prevent a
crime, but also extends to cases in which the statutory right is inapplicable (for
example, when the attacker is for some reason not guilty of a crime). There is no
rule of law that a person must retreat before acting in self-defence. If a person
acting in self-defence mistakenly uses more force than was necessary in the
circumstances and kills his attacker, he has no defence of self-defence (since the
force was not reasonable) and the killing will therefore amount to murder, unless
he can show that there was also *provocation. However, in deciding whether the
force used was justified or reasonably thought to be justified, the jury must bear in
mind the difficulty of quickly assessing the correct amount of force to be used. See
also GENERAL DEFENCES. 2. One of the very few bases for a legal use of force under
international law. Under *Chapter VII (Article 51) of the United Nations Charter,
the inherent right of self-defence is preserved. Reference to "inherent right" has
promoted the belief that the pre-Charter right of self-defence in customary
international law is specifically preserved by the Charter. However, the pre-existing
right is arguably wider in scope than that allowed for by the terms of Article 51
and may arguably also allow for anticipatory self-defence. See also SELF-HELP; USE OF
FORCE.

self-determination n. (in international law) The right of a people living within a
non-self-governing territory to choose for themselves the political and legal status
of that territory. They may choose independence and the formation of a separate
state, integration into another state, or association with an independent state, with
autonomy in internal affairs. The systems of *mandates and trusteeship marked a
step towards recognizing a legal right of self-determination, but it is not yet
completely recognized as a legal norm. lt is probably illegal for another state to
intervene against a liberation movement and it may be legal to give assistance to
such a movement. See alsoERGA OMNES obligations.

self-employed adj. In business on one's own account, i.e. not engaged as an
employee under a *contract of employment. Statutory employment provisions do
not apply to the self-employed. A self-employed person may nevertheless be the
employer of others.

self-help n. 1. Action taken by a person to whom a wrong has been done to
protect his rights without recourse to the courts. Self-help is permitted in certain
torts, such as *trespass and *nuisance. A trespasser may be evicted provided only
reasonable force is used. A nuisance may be abated (see ABATEMENT). See also
RECAPTION. 2. Independent and self-directed action taken by an injured state against
the transgressing state in order to gain redress. Until the middle of the 20th century
the right of self-help was claimed by states as one of the essential attributes of
*sovereignty. In the absence of an international executive agency, an injured state
undertook on its own account the defence of the claim it was making. Forcible
measures falling short of war might prove sufficient; failing these, war might be
resorted to as the ultimate means of self-help. Since self-help was regarded at
international law as a legal remedy, the results secured by it were recognized by the
international community as a final settlement of the case. Since the establishment
of the United Nations, self-help with regard to *use of force can only be legal in so
far as it forms part of a legitimate claim to *self-defence. The remaining forms of
self-help are countermeasures, such as *retorsion and *reprisals.

self-regulatory organization (SRO) A body whose members carryon
investment business and regulate their own conduct. When its rules and practices
ensure that its members are fit and proper persons, it may be recognized by the
*Securities and Investment Board; its members then become authorized under the
Financial Services Act 1986.

seller n. The party to a contract of *sale of goods who transfers or agrees to
transfer ownership of the goods to the buyer. The term may also be used in the
context of the transfer of the ownership of land, but a seller of land is more usually
called a vendor.

Seller's Property Information Form See CONVEYANCING.

semiconductor topography Etching on a computer chip otherwise known as a
mask work or right: an *intellectual property right protecting the layout of a
semiconductor chip or integrated circuit. Such rights are protected in the EU under
directive 87/54.

semi-secret trust See HALF-SECRET TRUST.

sending distressing letters The finable offence, under the Malicious
Communications Act 1988, of sending to someone a letter or some other article that
conveys an indecent or grossly offensive message, a threat, or information that is
false and known or believed by the sender to be false. Sending an indecent or grossly
offensive article is similarly punishable. The sender must have aimed to cause
distress or anxiety. If the material contains a threat, there is a defence similar to
that available on a *blackmail charge.

sentence n. The judgment of a court stating the *punishment to be imposed on a
defendant who has pleaded guilty to a crime or been found guilty by the jury.
Before the sentence is imposed, the prosecution must present the judge with the
accused's *antecedents and the defence may then make a plea in *mitigation of the
sentence. If the probation officer wishes to make a report, this should be done
before the defence makes its plea in mitigation (see SOCIAL INQUIRY REPORT). The judge
may also obtain reports from nonlegal specialists (medical experts or social workers)
on the mental, physical, social, or personal circumstances of the accused; if such
reports are not immediately available, he may adjourn the case (and remand the
accused) until they are obtained. Reports are desirable when the sentence may
involve a *community rehabilitation order or when the defendant is facing his first
prison sentence. The court must have reports before making a *community
punishment order, when the offender is under 21 years old, or before attaching
conditions for medical treatment to a community rehabilitation order. A report is
no longer required when an adult is being sentenced to custody.
Sentence must be pronounced in open court by the presiding judge and is almost
always pronounced in the presence of the accused. The sentence may be altered (or
rescinded) within 28 days by the trial court, and the Crown Court also has a further
(common-law) power to postpone sentence for more than 28 days when
circumstances require this (e.g. when disqualifying from driving under the *tottingup
provisions, if the driving licence is not available). There is a power to postpone
sentence for up to six months (see DEFERRED SENTENCE).
Courts have very wide discretionary powers of sentencing in all crimes (except
murder and treason). The penalties prescribed by law are maximum penalties, to be
imposed in the most serious cases, and the judge must decide what is the
appropriate sentence in each case. However, the Crime (Sentences) Act 1997
introduces automatic minimum sentences for second-time violent offenders (see
REPEAT OFFENDER) and for persistent burglars (see BURGLARY) and dealers in hard drugs
(see CONTROLLED DRUGS). Judges may give a lesser sentence for burglary and drug
dealing if the court considers the minimum would be unjust in all the
circumstances. See also CUSTODY.
Apart from imprisonment (which may be a *concurrent sentence or a *suspended
sentence) and *fines, the courts can impose community rehabilitation orders,
community punishment orders, *curfew orders, confiscation orders, and *hospital
orders, as well as an absolute or conditional *discharge. (For the sentencing of young
offenders, see JUVENILE OFFENDER.) Magistrates' courts have less extensive powers of
sentencing, but may sometimes, upon convicting an offender, remit him to the
Crown Court for sentence (e.g.when he has been tried summarily for an offence
triable either way). They are not empowered to sentence first offenders to
imprisonment unless satisfied there is no other appropriate way of dealing with
them. There is usually a right of appeal against sentence to the *Court of Appeal.
The *Attorney General may refer cases to the Court of Appeal (with its permission)
when Crown Court sentences appear unduly lenient. The Court of Appeal may then
quash the sentence and substitute any sentence that they think appropriate and that
the Crown Court had power to pass. See alsoNULLA POENA SINE LEGE.

separate trials See JOINDER OF DEFENDANTS.

separation n. See JUDICIAL SEPARATION ORDER; LIVING APART.

separation agreement An agreement between husband and wife releasing each
other from the duty to cohabit. Such an agreement will only be valid (subject to the
ordinary rules of the law of contract) if the marriage has already broken down; it
will be void (contrary to public policy) if they enter into it to provide for the
contingency that the marriage may break down at some future date. Separation
agreements often contain further clauses (such as nonmolestation clauses,
maintenance clauses, dum casta clauses) or an agreement not to bring other
matrimonial proceedings based on past conduct ("Rose v Rose clauses"). Under the
Family Law Act 1996 such orders will not be granted unless the interests of the
children are settled first. A spouse may also relinquish his rights or powers in
relation to his children, but the court has an overriding discretion not to enforce
such provisions if they are not for the children's benefit. A separation agreement in
writing may be a *maintenance agreement and governed by the Matrimonial Causes
Act 1973.

separation of powers The doctrine that the liberty of the individual is secure
only if the three primary functions of the state (legislative, executive, and judicial)
are exercised by distinct and independent organs. It was propounded by
Montesquieu (De l'Esprit des Lois, 1748), who regarded it as a feature of the UK
constitution. In fact, however, while the judiciary is largely independent, the
legislature and the executive depend on one another and their members overlap.
The doctrine had a great influence over the form adopted for the constitution of
the USAand many other countries.

separation order See JUDICIAL SEPARATION ORDER.

sequestration n. A court order in the form of a writ to (usually four)
commissioners (sequestrators), ordering them to seize control of a person's
property. The order may be made against someone who is in *contempt of court
because he has not complied with a court order (such as an injunction). The property
is detained until he complies with the order.

Serious Fraud Office (SFO) A body established in 1987 to be responsible for
investigating and prosecuting serious or complex frauds. The *Attorney General
appoints and superintends its director. The director is empowered to investigate any
suspected offence that appears to involve serious fraud and may employ any
suitable person to help in the investigation. Serious and complex fraud cases can go
straight to the Crown Court without *committal for trial. That court can hold
*preparatory hearings to clarify issues for the jury and settle points of law.
SERPS See STATE EARNINGS RELATED PENSION SCHEME.

servant n. An *employee.

service n. 1. The delivery of any document relating to court proceedings. Service
may be made by physically handing the document to the person concerned (see
PERSONAL SERVICE) or it may be delivered to the *address for service supplied by that
person (see also SUBSTITUTED SERVICE). Once the document has been formally issued by
the court, it must be served within 12 months (or, in the case of claim forms, four
months) unless the court allows this period to be extended. In the case of certain
motoring offences, such as speeding and careless and inconsiderate driving, the
police must serve a summons within 14 days unless the accused was warned at the
time of the offence that he might be prosecuted or unless they serve a *notice of
intended prosecution within 14 days. 2. (contract of service) See CONTRACT OF
EMPLOYMENT.

service court A court with jurisdiction over service personnel, who are subject
to the services' discipline Acts, which are renewed every five years. See also SERVICE
LAW.

service law The law that regulates the conduct of members of the armed forces.
It consists of naval law, military law, and air-force law (military law is the
branch relating to the army, but the expression is frequently used to describe all
three branches). Its primary sources are the Naval Discipline Act 1957, the Army
Act 1955, and the Air Force Act 1955; supplementary sources are Admiralty
Instructions and the Queen's Regulations both for the Army and for the Royal
Air Force. The three Acts concerned require annual renewal. Every fifth year an
Armed Forces Act enables them to continue in force for one year and provides
that for each of the following four years they may be continued in force by an
Order in Council that has been approved by resolution of each House of
Parliament (the last such Act was the Armed Forces Act 2001, which applies from
11 May 2001). The purpose of this procedure (which did not apply to the Naval
Discipline Act 1957until this was provided by the Armed Forces Act 1971) is to
ensure that Parliament has an annual opportunity of debating matters relating to
the armed forces.
Service law is a specialized code of criminal law. Its essential concern is the
maintenance of discipline and it embodies a variety of offences (including
*desertion, malingering, and insubordination) that have no counterpart in the
ordinary criminal law. Since 1 April 1997it has been an offence against service law to
refuse to take a service compulsory drug test; in addition, the service authorities
have been empowered to take fingerprints or DNAsamples from those convicted of
service offences, for criminal records purposes. Commanding officers have powers
of dealing with minor offences summarily and, with effect from 2 October 2000, a
member of the armed forces may appeal against the commanding officer's finding
and/or award to a Summary Appeal Court. The Summary Appeal Court, consisting
of a judge advocate and two officers, may uphold, quash, or vary the commanding
officer's finding or award. But the tribunals primarily responsible for the trial and
punishment of offences are the *courts martial. Service law applies to a member of
the armed forces wherever he may be. In the UK he is subject both to service law
and to the ordinary criminal law. When he is not in the UK,the ordinary criminal
law does not in general apply to him; the relevant Acts therefore provide that it is
an offence under service law for any serviceman to do anything that constitutes an
offence under the ordinary criminal law. The effect of this general provision is to
create, in the case of a member of the armed forces who is in the UK, a duality of
offences. If, for example, a soldier in the UK steals, he commits an offence against
both the ordinary criminal law and service law. He cannot, however, be punished
under both.
Although service law applies primarily to members of the armed forces,
certain classes of civilians are also subject to it. These include civilians employed
outside the UKwithin the limits of the command of any officer commanding a
body of the regular forces and the families of members of the armed forces
residing with them outside the UK.The inclusion of the latter has had the effect
of extending the jurisdiction of courts martial to cases with which they are
manifestly not equipped to deal. This has led to the establishment of *standing
civilian courts.

service out of the jurisdiction *Service of a claim form or other originating
*process outside England and Wales. Permission of the court is required, which
will only be granted in a limited number of situations specified by *rules of court.
In general, some particular connection must be shown between the defendant or
the subject matter of the proceedings and the jurisdiction of the English courts.
If the defendant is domiciled in a member state of the EU,the Civil Jurisdiction
and Judgments Act 1982 normally requires him to be sued in the courts of his
domicile, but the court's permission is not required to serve originating process
against such a defendant in respect of cases where the English courts have
jurisdiction.

service tenancy A tenancy in which the landlord is also the tenant's employer
and the premises were let as a condition of that employment. Although such a
tenancy may be an *assured tenancy, the landlord can apply to the county court for
possession when he ceases to employ the tenant. The court has a discretion whether
or not to grant possession in this case.

servient tenement Land that is subject to an encumbrance, such as an easement,
profit aprendre, or restrictive covenant, created for the benefit of other land, called
the dominant tenement.

servitude n. A restriction upon the exercise of a state's sovereignty over its
territory. For example, in 1856 Russia agreed by treaty not to fortify its own islands
in the mouth of the Gulf of Bothnia.

set-off n. 1. A monetary cross-claim that is also a defence to the claim made in the
action by the claimant. In modern practice, any claim by a defendant to a sum of
money (whether of an ascertained amount or not) that is also used as a defence may
be set off against the claimant's claim. The importance of the distinction between a
set-off and a *counterclaim arises principally in relation to *costs when both parties
are successful. If the defendant's plea is a set-off, the claimant will recover the
amount of his claim less the amount set off, and in the county court, the costs will
normally be calculated in relation to the net sum recovered. If the defendant's plea
is a counterclaim, the claimant will recover the costs of the claim and the defendant
the costs of the counterclaim, subject to the court's overriding discretion as to
costs. 2. The deduction of monies owed against sums due to be paid. Many
commercial contracts lawfully contain a clause prohibiting set-offs or counterclaims.
However, in the absence of such a clause the right to set off sums in this way is
permitted.

setting aside An order of a court cancelling or making void some other order or
*judgment or some step taken by a party in the action.

setting down for trial Formerly, the final stage of the interlocutory (interim)
proceedings in an action begun by writ in the High Court. Under the *Civil
Procedure Rules, this is now dealt with through the procedure for *allocation for
trial.

settled adj. Ordinarily resident in the UKand not subject under immigration law
to any restriction on length of stay there. See BRITISH CITIZENSHIP; IMMIGRATION.

settled land Land that is the subject of a *settlement under the Settled Land Act
1925,i.e. land in which two or more beneficial interests exist in succession to one
another or land that is subject to certain other fetters on the owner's powers. No
such settlements can be created after 1996; most of the arrangements described
below can now exist as *trusts of land with the exception of *entailed interests,
which can no longer be created. Existing settlements continue until coming
naturally to an end. The categories were as follows. (1) Land held in trust for any
persons by way of succession; for example, in trust for A for life then Bfor life
then C in fee simple. (2) Entailed interests. (3)Land owned subject to a *gift over on
a specified event. (4)Land owned for a *determinable interest. (5) Land conveyed to a
person under 18 years (a minor cannot own or convey a legal estate in land). (6)Land
in which a future interest may come into possession on a specified event. For
example, when land is left to A and B provided they respectively attain the age of
18, the elder is absolutely entitled to a half share on reaching 18 but may become
entitled to the whole of the land absolutely if the younger dies during minority.
(7) Land charged voluntarily (i.e. without *consideration) or in consideration of
marriage or by way of family arrangement with payment of any rentcharge or
capital sum; for example, when the owner charges his land with payment of income
to his wife during her life or widowhood.
A settlement made during the life of the settlor was effected by a trust
instrument and a vesting deed. The trust instrument declared the beneficial
interests in the land and appointed two or more individuals, or a trust corporation
(e.g.a bank), as trustees of the settlement (see SETTLED LAND ACT TRUSTEES). The
vesting deed transferred the legal estate in the settled land to the immediate
beneficiary; it also had to identify the trustees of the settlement. A will that
effected a settlement constituted the trust instrument; the legal estate devolved
upon the testator's personal representatives on trust to vest it, by deed or *assent, in
the immediate beneficiary. When the legal estate could not be transferred to the
immediate beneficiary (e.g. because he was under 18), it had to be vested in a
*statutory owner.
The purpose of the Act was to balance the protection of beneficiaries with
future interests against the principle that the person immediately entitled in
possession should not be prevented by the existence of future interests from
prudently managing and dealing with the land. Thus the Act conferred on the
immediate beneficiary powers to sell the land at the best price reasonably
obtainable, to exchange it for other land, and to grant certain leases (up to 50 years,
or 100 years for mining, or 999 years for building or forestry). These transactions
*overreached the interests of the subsequent beneficiaries, who acquired
corresponding interests in the capital money or income arising from them. The
immediate beneficiary could also mortgage the land to raise money to payoff other
encumbrances, to give equality of value on an exchange, and to pay for certain
improvements. He could insist that the cost of certain improvements (such as
rebuilding the *principal mansion house and installation of drainage and electricity)
be paid out of capital. His statutory powers could be extended by the terms of the
settlement but could not be excluded or restricted. The Act imposed on the
immediate beneficiary, in exercising these powers, the duties of a trustee for all
parties having a beneficial interest in the land. The beneficiary thus had a dual role.
When the immediate beneficiary sold or otherwise disposed of settled land, the
vesting deed formed the basis of his title. The purchaser was not concerned with the
interests of beneficiaries whose rights are overreached (see CURTAIN PROVISIONS) but
had to pay the price to the trustees of the settlement or, at the direction of the
immediate beneficiary (the tenant for life or the person exercising the powers of
the tenant for life), into court.

Settled land Act trustees (trustees of the settlement) Two or more
individuals or a trust corporation (such as a bank) who are trustees of *settled land.
Their primary function is to receive *capital money arising on a sale or other
disposition of the land by the immediate beneficiary and to hold it in trust for those
entitled under the settlement. Their consent is also necessary before the immediate
beneficiary can validly exercise certain of his statutory powers; for example, to sell
the *principal mansion house or timber cut from the land if the settlement so
requires or to vary rights (such as easements) over other land that benefit the
settled land.
The trustees are generally appointed by the trust instrument but must be named
in the vesting deed. If no trustees are appointed, the Settled Land Act 1925 provides
that they will be either (1) trustees having a power of sale of other land comprised
in the settlement and held on similar trusts; (2) trustees having a future power of
sale of the settled land; (3) persons appointed by the beneficiaries if they are of full
age and entitled to dispose of the whole settled estate; or (4) the settlor's personal
representatives, when the settlement is effected by will. Trustees can also be
appointed by the court.

settlement n. A disposition of land or other property, made by deed, will, or very
rarely by statute (as in the Duke of Marlborough Annuity Act 1706), under which
trusts are created by the *settlor designating the beneficiaries and the terms on
which they are to take the property. Settlements are of many different kinds; for
example, *marriage settlements, *strict settlements, *voluntary settlements, and,
particularly, settlements under the Settled Land Act 1925(see SETTLED LAND). All
settlements of land now take effect (since 1997) as "trusts of land.

settlement of action The voluntary conclusion of civil litigation by
agreement of the parties. Settlement may be made at any time and is usually
followed by the claimant filing a *notice of discontinuance. No particular
formality must be followed, but if money is claimed by a party under a disability
(e.g.a minor or a mental patient), a settlement is not valid (in so far as it relates to
his claim) without the approval of the court. See also STRUCTURED SETTLEMENT; TOMLIN
ORDER.

settlor n. A person who creates a *settlement. In a broad sense the term includes
testators; in a more restricted sense it signifies one who settles property during his
life.

several adj. Separate (in contrast to 'joint'), as in *joint and several, *several
tenancy.

several tenancy Ownership of land by one person absolutely, not jointly or in
common with another. Compare JOINT TENANCY; TENANCY IN COMMON.

severance n. 1. The conversion of an equitable *joint tenancy in land into a
*tenancy in common. Severance may be effected, for example, by mutual agreement
of the joint tenants, by the bankruptcy of one of them, by sale of the land or of one
joint tenant's interest, or by written notice to the other joint tenants. It is not
possible to sever a legal joint tenancy, since a tenancy in common cannot exist as a
legal estate. Any words in a conveyance of land to two or more people that show an
intention that they take separate shares will be construed as words of severance
creating an equitable tenancy in common, rather than a joint tenancy. 2. The
separation of the good parts of a contract from the bad, which are rejected. The
doctrine of severance applies to any contract which contains clauses that are void by
statute or common law, or even, in some cases, illegal, provided there are no *public
policy grounds against severing (see VOID CONTRACT). The courts will, if possible, save
the contract from total invalidity by severing the offending part and the rest of the
contract will stand under what is known as the "blue pencil" test. When little
remains after severance, the whole contract terminates. Many commercial contracts
contain a clause stating that void provisions may be severed. 3. An order amending
an *indictment so that the accused is tried separately on any count or counts of the
indictment.

severance pay Money to which an employee is entitled at common law upon the
termination of his contract of employment; for example, pay in lieu of notice, when
he is dismissed with inadequate notice or none. An employee dismissed before the
expiry of a fixed-term contract can claim damages in the courts to compensate him
for the loss of pay he would have earned during the rest of the term, unless he was
dismissed for a breach of contract entitling the employer to dismiss him. See also
REDUNDANCY PAYMENT; UNFAIR DISMISSAL; WRONGFUL DISMISSAL.

severe disablement allowance A noncontributory tax-free benefit formerly
payable to those unable to work due to long-term sickness or disablement and who
had not enough national insurance
ontributions to claim *incapacity benefit. The
claimant had to show that he had been continuously incapable of work for the
preceding 28 weeks. This benefit has been abolished by the Welfare Reform and
Pensions Act 1999and no new claims can be made.

severe mental impairment See ARRESTED DEVELOPMENT.

sex change A change in a person's sexual characteristics, usually by means of
surgical operation and hormone treatment. For the purposes of marriage, the law
does not recognize the validity of such a change; sex is deemed to be determined at
birth and cannot be changed. For the purposes of employment, however, English law
now recognizes the validity of a sex change (see GENDER REASSIGNMENT). See also
TRANSSEXUAL.

sex discrimination Discrimination on the ground of sex under either the Sex
Discrimination Act or the Equal Pay Act. The Sex Discrimination Act has a wider
definition of sex than the Equal Pay Act in that it includes within its scope
discrimination on grounds of transsexualism (see GENDER REASSIGNMENT) and
(probably) sexual orientation. The Equal Pay Act 1970forbids having different terms
for men and women in their contracts of employment (see also EQUAL PAY). The Sex
Discrimination Act 1975(as amended by the Sex Discrimination Act 1986)goes
further, prohibiting discrimination when offering a contract of employment and
before entering into such a contract. It also prohibits discrimination in employment
on the grounds of marital status and discrimination in partnerships with six or
more partners, trade unions, qualifying or authorizing bodies, vocational training,
and education. The Act provides for special exceptions; for example, when male or
female characteristics are a genuine requirement of the job. It is also unlawful to
victimize someone who has complained of illegal discrimination. The Act covers both
direct and indirect discrimination. The latter includes making conditions that apply
to both sexes but in such a way that, for instance, the proportion of women who
can fulfil the conditions is considerably less than men. An example would be
insisting on a record of continuous service for promotion, which is far more
difficult for women to satisfy because of pregnancy and motherhood. The Acts are
reviewed by the *Equal Opportunities Commission and enforced by *employment
tribunals.
Restrictions preventing women from working where they wish, including the
right to work underground, were removed by the Employment Act 1989.

sex offenders See SEXUAL OFFENCE.

sexual intercourse The penetration of the vagina by the penis. For the purposes
of sexual offences involving intercourse, penetration need only be slight and
rupture of the hymen or ejaculation is not required. See also UNLAWFUL SEXUAL
INTERCOURSE.

sexual offence Any crime that involves sexual intercourse or any other sexual
act. The main crimes in this category are *rape, "buggery, *incest, "indecent
assault, *indecent exposure, *gross indecency, and *abduction (see also CHILD ABUSE).
The Sex Offenders Act 1997created a national register of sex offenders; the names
of those convicted of any of a range of sexual offences are entered in this register.
Under the 1997Act, sex offenders are obliged to tell police every time they move;
those failing to register a change of address within 14 days may be jailed for up to
six months and ordered to pay a fine of up to .5000. Under the Crime and Disorder
Act 1998, convicted sex offenders are subject to supervision on release for up to ten
years.

SFO See SERIOUS FRAUD OFFICE.

shadow director A person who is not a director of a company but who gives
instructions (rather than professional advice) upon which the directors are
accustomed to act. Certain statutory provisions (for example, those relating to put
and call *options) apply to both shadow directors and directors proper.

sham marriage A marriage entered into for some ulterior motive, without the
intention of cohabiting with the other party. Such marriages will usually
nonetheless be deemed valid, unless one of the parties (e.g.a person trying to
escape extradition) deceives the other party as to his identity or the marriage is
entered into to escape a threat to life, limb, or liberty (e.g. to enable a person
imprisoned under harsh conditions to leave his or her country) or to escape
imprisonment.

sham plea See FALSE PLEA.

share n. A unit that measures the holder's interest in and liability to a company.
Because an incorporated *company is in law a separate entity from the company
membership, it is possible to divide and sell that entity in specified units (see
(NOMINAL) CAPITAL). In the case of a company limited by shares (see LIMITED COMPANY)
the liability of shareholders is confined to the purchase price of the shares. Once
purchased, these units of the company become intangible property in their own
right and can be bought and sold as an activity distinct from the trading activities
of the company in question. While the company is a going concern, shares carry
rights in relation to voting and sharing profits (see DIVIDEND). When a *limited
company is wound up the shareholders have rights to share in the assets after debts
have been paid. If there are no such assets shareholders lose the amount of their
investment but are not liable for the company's debts (see FRAUDULENT TRADING;
WRONGFUL TRADING).

Preference shares usually carry a right to a fixed percentage dividend, e.g. 10% of
the nominal value (see AUTHORIZED CAPITAL), before ordinary shareholders receive
anything and holders also have the right to the return of the nominal value of their
shares before ordinary shareholders (but after creditors). Holders of participating
preference shares have further rights to share surplus profits or assets with the
ordinary shareholders. Preference shares are generally cumulative, i.e. if no dividend
is declared in one year, holders are entitled to arrears when eventually one is paid.
Usually preference shareholders can vote only when their *class rights are being
varied.

Ordinary shares constitute the risk capital (also called equity capital), as they
carry no prior rights in relation to dividends or return of nominal value. However,
the rights they do carry are unlimited in extent: if the company is successful, the
ordinary shareholders are not restricted to a fixed dividend (unlike the preference
shareholders) and the high yield upon their shares will cause these to increase in
value. Similarly, if there are surplus assets on a winding-up, the ordinary
shareholders will take what is left after the preference shareholders have been
satisfied. Because ordinary shareholders carry the risk of the enterprise, they
generally have full voting rights in a *general meeting (though some companies
issue nonvoting ordinary shares to raise additional capital without diluting the
control of the company).

Redeemable shares are issued subject to the proviso that they will or may be
bought back (at the option of the shareholder or the company) by the company.
They cannot be bought back unless fully paid-up and then only out of profits (see
CAPITAL REDEMPTION RESERVE) or the proceeds of a fresh issue of shares made for the
purpose.

A golden share enables the holder, usually the government, to outvote all other
shareholders on certain types of company resolution.

share capital See CAPITAL.

share certificate A document issued by a company evidencing that a named
person is a company member and stating the number of shares registered in his
name and the extent to which they are paid up (see CALL). A company can be
precluded by *estoppel from denying its accuracy. The certificate must normally be
produced on a <transfer of shares. Compare SHARE WARRANT.

share premium The amount by which the price at which a share was issued
exceeds its nominal value (see AUTHORIZED CAPITAL). Share premiums must be credited
by the company to a share premium account, which is subject to the rules relating
to *reduction of capital and can only be used for certain purposes, e.g. paying up
bonus shares (see BONUS ISSUE).

share transfer A document transferring registered shares, i.e. shares for which a
*share certificate has been issued, usually on a stock transfer form. A share
transfer in proper form must usually be delivered to the company before it places
the transferee's name on the register of members (Stock Transfer Act 1963). See also
TRANSFER OF SHARES.

share warrant A document issued by a company certifying that the bearer is
entitled to the shares specified in it. The name of the bearer will not appear on the
register of members until he surrenders the warrant to the company in return for
*transfer of the shares, but he may be regarded as a company member under the
provisions of the articles of association. The company is contractually bound to
recognize the bearer as shareholder. Compare SHARE CERTIFICATE.

sheriff n. The principal officer of the Crown in a county. In relation to the
administration of justice, his (or her) functions (in practice discharged by the undersheriff)
include the execution of *process issuing from criminal courts, levying
forfeiture of *recognizances, and the *enforcement of judgments of the High Court
by writs of fieri facias, possession, and delivery.

sheriff's interpleader See INTERPLEADER.

shifting use (secondary use) Formerly, a *use that operated to terminate a
preceding use. For example, if property was given to X to the use of A, but then to
the use of B when C paid .100 to D, B had a shifting use, which arose when C made
the specified payment.

ship n. For the purposes of the Merchant Shipping Act 1894 (which provides among
other things for the registration of British ships), any vessel used in navigation and
not propelled by oars. The officially required registration of ships is set out in the
Merchant Shipping (Registration, etc.) Act 1993: a central register of British ships is
kept. For the purposes of ownership, a British ship is notionally divided into 64
shares. Each share may be in different ownership, but no share may be in the
ownership of an alien or a foreign company. Co-owners will commonly appoint a
ship's husband or managing owner to manage the ship. The definition of "British
ship" in the Merchant Shipping Act 1988,in relation to fishing rights, has been
challenged under EU law (see FISHERY LIMITS; QUOTA).

shipwreck n. See WRECK.

shock n. See NERVOUS SHOCK.

shoplifting n. Dishonestly removing goods from a shop without paying for them.
Shoplifters could be charged with *making off without payment under the Theft
Act 1978, but it is more usual to charge them with *theft under the Theft Act 1968.
It is not legally necessary to remove the goods from the shop precincts in order to
be guilty of shoplifting, but in practice it is advisable to wait until the accused has
left the shop before stopping him, as it is then easier to prove the intention to steal
(see also ARREST). A cashier in the shop who deliberately rings up a lower price than
the true price may be guilty of aiding and abetting theft.

short cause list A list of cases for hearing for which the trial is expected to last
less than four hours.

short committal See COMMITTAL FOR TRIAL.

short notice A lesser period of notice of a company meeting than that required
by law. In the case of an *annual general meeting it may be agreed by all members
entitled to attend and vote at it; for other meetings 95% of the shareholders must
agree. There are strict requirements for the details to be given for short notice and
service of the notice.

short title See ACT OF PARLIAMENT.

SIB See SECURITIES AND INVESTMENT BOARD.

sickness benefit A former state benefit payable for 28 weeks to those who did
not qualify for *statutory sick pay. It was replaced by *incapacity benefit in April
1995.

sic utere tuo ut alienum non laedas [Latin] Use your own property in such a
way that you do not injure other people's: a maxim often used in cases of nuisance.
It is misleading, since only an unreasonable interference with a neighbour's
property is actionable as a nuisance.

signature of treaty The formal and official affixing of names to the text of a
*treaty by the representatives of the negotiating states. either as a means of
expressing the definitive consent of the state to be bound by the terms of the treaty:
or as an expression of provisional consent subject to *ratification. acceptance. or
approval.

signature of will See EXECUTION OF WILL.

silence n. See RIGHT OF SILENCE.

silk n. See QUEEN'S COUNSEL.

similar-fact evidence Evidence that a party, especially the accused, has on
previous occasions misconducted himself in a way similar to the misconduct being
alleged against him in the proceedings before the court. The evidence frequently
takes the form of a *previous conviction. In general, the prosecution may not offer
similar-fact evidence as part of its case unless it can be shown to be relevant to an
issue before the jury, for example by rebutting some defence advanced by the
accused. Thus. if a person charged with fraud contends that he was honestly
mistaken, the fact that he has committed similar frauds on previous occasions may
be admissible. The judge may in his discretion exclude otherwise admissible similarfact
evidence under section 78 of the Police and Criminal Evidence Act 1984 if he
considers that it would have an adverse effect on the fairness of the proceedings.

simple contract (parol contract) Any *contract other than one made by *deed.

simple trust See BARE TRUST.

sine die [Latin] Without a date. To adjourn a case sine die is to adjourn it without
setting a date for a future hearing.

single administrative document (SAD) A single document declaring an
import into an EU state. This is an improvement on the system it replaced. in
which many documents were required before a product could be imported into
the ED.

Single European Act The legislation passed in 1986 in the European Community
(in force from 1 July 1987) that committed all member states to an integrated
method of trading with no frontiers between countries by 31 December 1992.It was
the first Act to amend the principles of the Treaty of Rome. In practice, some of its
terms on harmonization. such as the insurance market, have taken considerably
longer to implement. The main creation of the Single European Act is the *Single
Market for trading in goods and services within the ED.

Single Market The concept that underlies trading in the European Union. as
codified in the *Single European Act 1986.The Single Market came into force on
1 January 1993 with between 90%and 95% of the necessary legislation enacted by
all member countries. The measures covered by the legislation include: the
elimination of frontier controls (the full measures have been repeatedly delayed);
the acceptance throughout the market of professional qualifications; the acceptance
of national standards for product harmonization; open tendering for public supply
contracts; the free movement of capital between states; a reduction of state aid for
certain industries; and the harmonization of VAT and excise duties throughout the
market.

single-member company See PRIVATE COMPANY.

single-union agreement A collective agreement within a company or
establishment that recognizes only one *independent trade union for the purposes
of *collective bargaining. The selection of the union to be recognized for this
purpose is frequently now based on the so-called *beauty competition. This
agreement does not restrict the rights of individual employees to belong to a union
of their choice or not to belong to a union. However, their only access to collective
bargaining is through the single union.

sittings pI. n. (in the *Supreme Court) The four periods of the legal year during
which the full range of judicial business is transacted. The sittings are Michaelrnas,
Hilary, Easter, and Trinity. Sittings were substituted for *terms by the Judicature
Act 1873.See also VACATIONS.

slander n. A defamatory statement made by such means as spoken words or
gestures. i.e. not in permanent form. Generally slander is only actionable on proof
that its publication has caused special damage (actual financial or material loss), not
merely loss of reputation. Proof of special damage is not necessary when the slander
implies the commission of a criminal offence punishable by imprisonment, infection
with a contagious disease, unchastity in a woman, or is calculated to disparage a
person in his office, business, trade, or profession. See DEFAMATION.

slander of goods (disparagement of goods) A false statement. made
maliciously, that disparages the quality of goods manufactured and sold by the
claimant. It is a form of the tort of *malicious falsehood. In order to be actionable,
the statement must allege some specific defect in the claimant's goods. A mere
assertion by a rival trader that his goods are better is not sufficient, even if the
claim was false and malicious.

slander of title A false statement, made maliciously. that impugns a vendor's title
to sell property. It is a form of the tort of *malicious falsehood.

slavery n. The prohibition on slavery or forced labour as set out in Article 4 of the
European Convention on Human Rights is now part of UKlaw as a consequence of
the *Human Rights Act 1998. There are exceptions to this prohibition for prisoners.
military service, normal civic obligations, and in emergencies.

slip rule The rule permitting the correction of clerical mistakes arising from any
accidental slip or omission in judgments or orders. Such errors can be corrected at
any time by the court on application without an appeal.

small agreement 1. (under the Consumer Credit Act 1974) A regulated
*consumer-credit agreement for credit not exceeding .50, other than a hirepurchase
or conditional-sale agreement. or a regulated *consumer-hire agreement
that does not require the hirer to make payments exceeding .50. In both cases the
agreement is either unsecured or secured by a guarantee or indemnity only. Some
small agreements are outside certain provisions of the Act. 2. (under the
Competition Act 1998) An agreement in which the parties are exempt from the
imposition of penalties (fines) for anticompetitive practices. Section 39 of the Act
provides the exemption, and the Competition Act 1998(Small Agreements and
Conduct of Minor Significance) Regulations 2000 defines an anticompetitive
agreement as "small" when both parties to it have a total turnover of under .20M.
However, no exemption applies for a price-fixing agreement. Moreover, small
agreements are not exempt from other provisions of the 1998Act, and thus
restrictive clauses in them may still be void.

small claims track The track to which a civil case is allocated when the claim is
for an amount of no more than .5000 (see ALLOCATION). Before the introduction of
the *Civil Procedure Rules in 1999, small claims were automatically referred to
arbitration. However, a small claims hearing retains most of the aspects of the
former procedure: the hearing is informal and in public, is based on a paper
adjudication with the parties' consent, and there are generally no experts and no
costs.
Despite the limit of .5000,with the approval of the court parties may consent to
use the small claims track even if their claim value exceeds .5000.

SMEs Small and medium enterprises: businesses having fewer than 500 employees
and a share capital or business capital of less than 75M euros. SMEsare encouraged
by the European Commission through various aid programmes.

smuggling n. The offence of importing or exporting specified goods that are
subject to customs or excise duties without having paid the requisite duties.
Smuggled goods are liable to confiscation and the smuggler is liable to pay treble
their value or a sum laid down by the law (whichever is the greater); offenders may
alternatively, or additionally, receive a term of imprisonment.

Social Chapter The section of the Treaty of Rome (European Community Treaty;
Articles 117-121) that reflects the agreement of member states with respect to the
social policies issues of the European Union. The objectives of the Social Chapter are
to promote employment, improve living and working conditions, establish dialogue
between management and workers by means of works councils, implement proper
social protection, and develop human resources with a view to lasting high
employment. The social provisions include unpaid *parentalleave for new parents
and the principle of *equal pay for male and female workers for equal work. The
British government finally agreed to the incorporation of these social aims and
objectives into the main body of the founding Community Treaty in 1997with the
signing of the *Amsterdam Treaty. This has led to the adoption of a number of
measures, including the implementation of unpaid parental leave and *European
Works Councils and new rights for part-time workers (who are now entitled to be
treated no less favourably than comparable full-time workers in their contractual
terms and conditions).

social fund A fund established under the Social Security Act 1986 to meet special
needs of individuals who are entitled to benefit from it (e.g. by cold-weather
payments). It is under the control of the Social Fund Commissioner, who appoints
social fund officers to administer it and reports to the Secretary of State for Work
and Pensions (formerly Social Security). Cold-weather payments are paid (to those
entitled) for any consecutive seven-day period when the temperature averages 0° C
or below. Other benefits from the social fund include interest-free budgeting loans
and crisis loans, maternity and funeral payments, and community-care grants. Loans
are repayable by deductions from social security benefits received by the loan
recipients or their partners.

social inquiry report A report prepared by a probation officer and made to a
criminal court to assist it in deciding what "sentence to impose on a convicted
person. The report gives details of the person's background, family, home
circumstances, relationships, attitudes, job situation, and prospects. It is based on
interviews with the accused person and his family and friends. The report gives the
probation officer's opinion on the suitability of particular kinds of sentence; for
example, how well the accused would be likely to respond to an order for
community service.

social policy rule See INTERPRETATION OF STATUTES.

Social Security Appeal Tribunal A tribunal that hears appeals from decisions
by adjudication officers on claims for social security benefits (see NATIONAL
INSURANCE). Such tribunals are subject to the supervision of the *Council on
Tribunals; appeal against their decisions on a point of law can be made to a Social
Security Commissioner.

sodomy n. See BUGGERY.

soft law (in international law) Guidelines of behaviour, such as those provided by
treaties not yet in force, resolutions of the United Nations, or international
conferences, that are not binding in themselves but are more than mere statements
of political aspiration (they fall into a legal/political limbo between these two states).
Soft law contrasts with hard law, i.e. those legal obligations, found either in
*treaties or customary international law (see CUSTOM), that are binding in and of
themselves.

software n. Computer programs, which are protected by *copyright under the
Copyright, Designs and Patents Act 1988. EU Directive 91/250on the legal protection
of computer programs provides that all member states must protect computer
programs by copyright law. The directive also provides a right to make back-up
copies of software and a very limited *decompilation right. A right to repair is also
included, unless a software licence prohibits this. The UK implemented the directive
by the Copyright (Computer Programs) Regulations 1992.

soldier's will See PRIVILEGED WILL.

solemn form See PROBATE.

sole solicitor A solicitor who is the sole principal of a practice, rather than one
who practises in partnership with others.

soliciting n. 1. The offence by a prostitute of attempting to obtain prospective
clients in a street or public place. It is punishable by a *fine at level 2 on the
standard scale on a first conviction and at level 3 on a subsequent conviction. Any
act committed by the prostitute (even smiling provocatively) may constitute
soliciting, but an advertisement inviting men to visit her is not soliciting. "Street" is
widely defined to include roads, lanes, bridges, courtyards, alleyways, passages, etc.,
open to the public, as well as doorways and entrances of houses on the street, and
ground adjoining and open to the street. If a prostitute in a private house attracts
the attention of men in the street (for example by tapping on the window and
inviting them in, or even merely by sitting at the window illuminated by a red
light), this may be considered soliciting "in a street". 2. The offence by a man of
persistently accosting a woman in a public place for the purpose of prostitution (see
alsoKERB CRAWLING) or persistently accosting anybody in a public place for immoral
purposes. "Persistently" requires either a number of single invitations to different
people or more than one invitation to the same person.

solicitor n. A legal practitioner admitted to practice under the provisions of the
Solicitors Act 1974.Solicitors normally take a three-year law degree at university,
then a one-year legal practice course and examination at a law college, followed by
two years as an employee under a training contract (previously called articles of
clerkship), after which they are admitted as solicitors. Those taking a nonlaw degree
spend two years at law college, taking a common professional examination in the
first year. Practising solicitors must possess a *practising certificate. Solicitors form
much the larger part of the English legal profession (compare BARRISTER),
undertaking the general aspects of giving legal advice and conducting legal
proceedings. They have *rights of audience in the lower courts but may not act as
advocates in the Supreme Court (except in chambers) or the House of Lords unless
they have acquired a relevant *advocacy qualification under the terms of the Courts'
and Legal Services Act 1990. A solicitor may be sued for professional negligence and
owes the duties of a *fiduciary to his client; these include the duty to preserve the
confidentiality of the client's affairs.

solicitor and own client basis of costs A basis of *assessment of costs on
which is calculated the sum that a privately represented client must pay his own
solicitor. On this basis, all costs are allowed provided that they are of a reasonable
amount and have not been unreasonably incurred.

Solicitor General A law officer of the Crown immediately subordinate to the
*Attorney General. The Solicitor General is usually a Member of Parliament of the
ruling party. He acts as deputy to the Attorney General and may exercise any power
vested by statute in the latter (unless the statute otherwise provides) if the office of
Attorney General is vacant or the Attorney General is unable to act through illness
or has authorized him to act.

Solicitors' Disciplinary Tribunal A tribunal established under the Solicitors
Act 1974for hearing applications and complaints against solicitors. It has the
power to strike the name of a solicitor off the roll and to restore the name of a
solicitor previously struck off, suspend a solicitor from practice, and order the
payment of a penalty. The members of the tribunal are practising solicitors of not
less than ten years' standing and some lay members. They are appointed by the
*Master of the Rolls. Appeals from decisions of the tribunal can be brought to the
High Court of the Master of the Rolls. See also OFFICE FOR THE SUPERVISION OF
SOLICITORS.

solicitor's lien The right of a solicitor to retain papers or property of his client as
security for the payment of his costs. There are two types of lien: a retaining lien,
i.e. a right to retain property already in his possession until he has been paid costs
due to him: and a lien on property recovered or preserved, i.e. a right to ask the
court to direct that personal property recovered under a judgment obtained by his
exertions stand as security for his costs of the recovery. By statute the second type
of lien has been extended to confer upon the court the power to make a *charging
order over real and personal property recovered or preserved in proceedings by the
solicitor.

Solicitors Practice Rules Rules, made by the Council of the *Law Society with
the agreement of the *Master of the Rolls, for regulating the professional practice, ."
conduct, and discipline of solicitors. The power to make the rules is conferred by the
Solicitors Act 1974.

sovereign n. See CROWN.

sovereign immunity The exemption of the sovereign or other head of aforeign
state and foreign governmental departments from the jurisdiction of the English
courts. The principles governing this exemption are now contained in the State
Immunity Act 1978and are consistent with the European Convention on State
Immunity. The immunity granted is no longer absolute; it is subject to numerous
exceptions outlined in the Act. Subject to modifications, the Diplomatic Privileges
Act 1964 extends to foreign sovereigns the same privileges and immunities as are
granted to heads of diplomatic missions. It is now clear under English law that such
immunity does not apply to former heads of state who are alleged to have
committed crimes against humanity.

sovereignty n. Supreme authority in a state. In any state sovereignty is vested in
the institution, person, or body having the ultimate authority to impose law on
everyone else in the state and the power to alter any pre-existing law. How and by
whom the authority is exercised varies according to the political nature of the state.
In many countries the executive, legislative, and judicial powers of sovereignty are
exercised by different bodies. One of these bodies may in fact retain sovereignty by
having ultimate control over the others. But in some countries, such as the USA, the
powers are carefully balanced by a constitution. In the UK sovereignty is vested in
Parliament (see SOVEREIGNTY OF PARLIAMENT).
In international law, it is an essential aspect of sovereignty that all states should
have supreme control over their internal affairs, subject to the recognized
limitations imposed by international law. These limitations include, in particular, the
international law of *human rights and the rules forbidding the use of force.
However, no state or international organization may intervene in matters that fall
within the domestic jurisdiction of another state. The concept of state sovereignty
was outlined, among other things, in a declaration on Principles of International Law
(Resolution 2625),proclaimed by the General Assembly of the United Nations in 1970.

sovereignty of Parliament The constitutional principle that the legislative
competence of Parliament is unlimited. No court in the UKcan question its power
to enact any law that it pleases. In practice, however, Parliament does not assume
unlimited authority; it can legislate only for territories that are recognized by
international law to be within its competence, i.e. the UK, the Channel Islands and
the Isle of Man, and UKdependencies. The *Welsh Assembly, *Scottish Parliament,
and *Northern Ireland Assembly have devolved power in certain areas.

SPC See SUMMONS PRODUCTION CENTRE.

Speaker n. See HOUSE OF COMMONS; LORD CHANCELLOR.

special administration See LIMITED ADMINISTRATION.

special agent See AGENT.

special business Business that can only be transacted at a general meeting if its
general nature has been specified in the notice convening the meeting. See ANNUAL
GENERAL MEETING; EXTRAORDINARY GENERAL MEETING.

special case 1. A statement of facts agreed by the parties to a civil action and
directed by the court to be tried at a different time from that of the trial of the
action. It may raise issues of fact or law and should be signed by counsel if settled
by him. 2. Formerly, a statement of the findings of an arbitrator, submitted for the
opinion of the High Court. This procedure has now been replaced by a form of
"appeal on a question of law only.

special damages See GENERAL AND SPECIAL DAMAGES.

special defences See GENERAL DEFENCES.

special endorsement See ENDORSEMENT.

special hospital A hospital (e.g.Broadmoor or Rampton) controlled and managed
by the Home Secretary for persons suffering from *mental disorder who require
detention under special security conditions, because of their dangerous, violent, or
criminal propensities.

speciality n. The principle that the state requesting the *extradition of a fugitive
from another state must, in order for the request to succeed, specify the crime for
which the accused is to be extradited. Further, the requesting state must only try
the individual for the crime specified in the extradition request. See alsoDOUBLE
CRIMINALITY.

special notice The 28 days' notice that is required to be given to a registered
company of an intention to propose certain resolutions at a *general meeting of the
company. These resolutions are: (1) appointing or removing an auditor; (2)removing
a director before his term of office expires or appointing a new director to replace
him at the same meeting; and (3)appointing or approving the appointment of a
director over the age of 70. The company must then give 21 days' notice of the
meeting to the members. See SHORT NOTICE.

special parliamentary procedure See SPECIAL PROCEDURE ORDERS.

special plea A *plea in bar of arraignment, e.g. *autrefois acquit or *autrefois
convict.

special power See POWER OF APPOINTMENT.

special procedure (in divorce proceedings) A speedy, simple, and cheap procedure
for uncontested divorce cases introduced in the mid-1970s.A district judge
scrutinizes the divorce application and, if satisfied that the ground is made out,
issues a certificate to that effect. The divorce is then formally granted in open
court; neither party need appear. The introduction of the special procedure
revolutionized divorce law and is now used in the majority of cases.

special procedure material Jounalistic and other confidential material acquired
or created in the course of a trade, business, profession, or unpaid office. Under the
Police and Criminal Evidence Act 1984, *warrants to search for such material can
only be obtained by following a special procedure and require the authority of a
*circuit judge.

special procedure orders A form of *delegated legislation consisting of orders
made by government ministers under powers that are expressed in the enabling
statute to be exercisable by order subject to special parliamentary procedure. The
Statutory Orders (Special Procedure) Act 1945 then applies, and, after a local inquiry
is held, the order must be laid before Parliament and petitions for its annulment or
amendment may be presented. Special procedure orders, which have largely replaced
provisional orders, are used primarily to confer powers on local authorities. The
*compulsory purchase of land must also in certain cases (e.g. land owned by local
authorities or the National Trust) be effected by a special procedure order.
special resolution A decision reached by a majority of not less than 75% of
company members voting in person or by proxy at a general meeting. At least 21
days' notice must be given of the meeting.

special trust See ACTIVE TRUST.

specialty n. See DEED.

special verdict 1. A verdict of not guilty by reason of *insanity. 2. A verdict on
particular questions of fact, without a general conclusion (in criminal cases) as to
guilt or (in civil cases) in favour of the claimant or the defendant. The judge asks
the jury their opinion on the facts, but decides the general question himself. Such
verdicts in criminal cases are very rare. Compare GENERAL VERDICT.

specification n. 1. (in *patent law) A document that must be lodged with an
application for a patent for an invention. It must contain a description of the
invention, a claim defining the matter for which the applicant seeks protection, and
any drawing referred to in the description or claim. 2. A general document in
which a commercial buyer or seller describes goods to be bought or sold. It is
sometimes incorporated into the contract by reference.

specific delivery See WRIT OF DELIVERY.

specific devise See DEVISE.

specific directions See COMMUNITY LEGAL SERVICE.

specific goods Goods specifically identified at the time a contract of sale is made,
e.g. a named car with a specified registration number. If the subject matter is not so
identified, the contract is for the sale of *unascertained goods. In a contract for the
sale of specific goods the seller is bound to deliver the identified goods and no
others.

specific intent See INTENTION.

specific issue order See SECTION 8 ORDERS.

specific legacy See LEGACY.

specific performance A court order to a person to fulfil his obligations under a
contract. For example, when contracts have been exchanged for the sale of a house,
the court may order a reluctant seller to complete the sale. The remedy is a
discretionary one and is not available in certain cases; for example, for the
enforcement of a contract of employment or when the payment of damages would
be a sufficient remedy.

specimen of blood A specimen of blood for analysis, used as an alternative to a
*specimen of breath in cases involving *drunken driving. A police officer may
require a specimen of blood if he reasonably believes that he cannot demand a
breath specimen for medical reasons, if an approved and reliable device for taking a
breath specimen is unavailable or cannot be used, or if the defendant is suspected of
being unfit to drive and a doctor believes that his condition is due to a drug. A
police officer may also ask for a blood specimen if the suspect is in hospital (subject
to the consent of the doctor treating him). A suspect may be asked to give a blood
specimen under these conditions even if he has already given a breath specimen.
A blood specimen may only be taken with the defendant's consent and by a
medical practitioner, otherwise it cannot be used as evidence in any proceedings. It
must be analysed by a qualified analyst, who must sign a certificate stating how
much alcohol he found. The suspect may ask to be given half the specimen for his
own analysis, which may be used to contradict the prosecution's evidence; if he has
asked for but was not given half of the sample, the other half may not be used in
evidence against him. A *specimen of urine may sometimes be taken as an
alternative to a blood specimen.
In all other respects the law relating to blood specimens is the same as that
relating to breath specimens.

specimen of breath A specimen of breath for analysis taken from a person
suspected of *drunken driving. It is this specimen that usually forms the evidence
for a prosecution and conviction for offences of drunken driving and should not be
confused with the preliminary *breath test. The specimen may be required
whenever the police are investigating any of these offences, but only if the suspect
is at the police station. Usually he will have been brought to the station under arrest
as a result of a positive breath test or refusal to undergo such a test. It is an offence
not to provide a specimen without a reasonable excuse, and the police officer should
warn a suspect of this when asking for the specimen. This offence is punishable by
fine or imprisonment, endorsement (which carries 10 penalty points under the
*totting-up system), and discretionary disqualification (in cases of being in charge
of a vehicle) or compulsory disqualification (in cases of driving or attempting to
drive).
The suspect must give two breath specimens, which should be measured by means
of an approved electronic device (not the *breathalyser used for the preliminary
breath test) that automatically prints out the level of alcohol in the breath. A printout
of the lower of the two readings is used as evidence in a subsequent trial,
together with a signed certificate by a police officer that it refers to the defendant's
specimen given at the stated time. The defendant must be given a copy of these
documents at least seven days before his trial, and he may serve notice not later
than three days before the trial that he requires the police officer who signed it to
attend the hearing. At his trial, a defendant may bring evidence to show that he
drank more alcohol between the time of the alleged offence and giving the
specimen and that this accounted for his exceeding the prescribed limit. It is an
offence, however, to deliberately drink more alcohol in order to make it difficult to
prove his guilt.
Once a suspect has given a specimen he is free to leave the police station, but the
police may detain him if they reasonably suspect that he is likely to continue
driving with an excess alcohol level or while unfit to drive. Under certain
circumstances the suspect can provide either a *specimen of blood or a *specimen
of urine instead of a breath specimen. If the breath specimen records a reading of
more than 35 but less than 50 micrograms of alcohol per 100 ml of breath (and
prosecution is intended), the suspect is entitled to ask that it should be replaced by a
blood or urine specimen.

specimen of urine A specimen of urine for analysis, used as an alternative to a
*specimen of breath in cases involving *drunken driving. A specimen of urine may
be required when there are objections to taking a breath specimen and when a
medical practitioner thinks that a *specimen of blood should not be taken for
medical reasons. A urine specimen must be provided within one hour after it has
been asked for; two specimens are asked for, and it is the second specimen that is
used as evidence in a subsequent trial. In all other respects the law relating to urine
specimens is the same as the law relating to blood and breath specimens.

speeding n. Driving a motor vehicle at a speed in excess of that permitted. All
vehicles adapted to carry more than seven passengers (apart from the driver) and all
goods vehicles are restricted at all times to a maximum speed of 40 mph (unless
they weigh less than 30 cwt unladen, in which case the maximum speed is 50 mph).
Invalid carriages are restricted to 20 mph. Goods vehicles exceeding 3 tons unladen
are restricted on motorways to 60 mph. Other vehicles are subject to speed limits
determined by the class of road, unless road signs specifically indicate otherwise (Le.
30 mph for restricted roads; 60 mph for single carriageways; 70 mph for dual
carriageways and motorways).
The penalty for speeding is a fine, *endorsement (carrying 3 penalty points under
the *totting-up system), and discretionary *disqualification. A person cannot be
convicted of a speeding offence on the evidence of one witness alone, but the
evidence of a single police officer reading his speedometer may be enough to secure
a conviction. Speeding may itself be evidence of *careless and inconsiderate driving
or *dangerous driving, but it is an offence in its own right even if it caused no
danger and the driver was not in any way at fault. Speeding offences are subject to
the requirement of a *notice of intended prosecution.

spent conviction A conviction that, after a specified number of years known as
the rehabilitation period, may in all subsequent civil proceedings be treated as if it
had never existed. The length of the rehabilitation period depends on the gravity of
the offence, and some convictions are not subject to rehabilitation (e.g.when the
sentence was life imprisonment). Dismissal from a job on the grounds of an
undisclosed spent conviction may amount to *unfair dismissal. Similarly, to deny
that one has been convicted if the conviction is spent does not amount to *perjury
or *deception. Malicious publication of statements about a person's spent
convictions can make the publisher liable for defamation, even if the statements are
true. The provisions relating to spent convictions do not apply in criminal
proceedings, but counsel and the court should, as far as possible, avoid referring to a
spent conviction and references to it in open court may only be made with express
leave of the judge in the interests of justice. A spent conviction in a record should
be marked as such. See also CRIMINAL RECORDS AGENCY.

spes successionis [Latin: hope of succeeding] See POSSIBILITY.

split order Formerly, an order for custody of a child made by divorce courts,
granting legal custody to one parent and care and control to the other. It was made
obsolete by the Children Act 1989.See PARENTAL RESPONSIBILITY; SECTION 8 ORDERS.

split trial A trial in the *High Court (or, exceptionally, in the county courts) in
which the issues of liability and amount of damages are tried separately.

springing use Formerly, a *use that arose on the occurrence of a future event. If
property was given to X to the use of A when A married, A had a springing use that
arose on his marriage.

spying (espionage) n. Obtaining or passing on to an enemy information that
might prejudice the safety or interests of the state or be useful to an enemy. See
OFFICIAL SECRETS.

squatter n. A person unlawfully occupying land. See ADVERSE OCCUPATION; ADVERSE
POSSESSION; TRESPASS.

squatter's title See ADVERSE POSSESSION.

S1 Statement See WRIITEN STATEMENT OF TERMS OF EMPLOYMENT.

stag n. A speculator who applies for a new issue of securities in a public company
with the intention of making a quick profit by reselling them if they increase in
value within a few days of issue. This will only occur if the issue is oversubscribed,
i.e. if there are more applicants for shares than there are shares available.

stakeholder pension A new type of low-cost pension, available from 6 April 2001.
Employers with five or more employees may have to make a stakeholder
pension available to their staff. Employers can choose to do this from 6 April 2001,
and they must do this by 8 October 2001. Stakeholder pensions are also available
from authorized financial institutions, such as insurance companies, banks, and
building societies. Stakeholder pension providers can only charge a maximum of 1%
of the value of the pension fund each year to manage the fund, plus costs and
charges (such as stamp duty). Any extra services and any extra charges not provided
for by law, such as advice on choosing a pension or life assurance cover, must be
optional. All stakeholder schemes will accept contributions of as little as .20,
payable weekly, monthly, or at less regular intervals. The scheme must be run by
trustees or by an authorized stakeholder manager.

stakeholder's interpleader See INTERPLEADER.

stalking Persistent threatening behaviour by one person against another. The
Protection from Harassment Act 1997creates two offences relating to stalking. If
the harasser's behaviour makes the victim fear for his or her safety, the maximum
penalty is five years' imprisonment and/or an unlimited fine. When the behaviour
does not lead to a fear of violence but does cause distress, the maximum penalty is
six months in prison and/or a fine of up to .5000. The behaviour must have taken
place on more than one occasion and the prosecution must show that a reasonable
person would realize that the behaviour would have the effect of causing the
victim to fear violence or feel harassed. Both offences are immediately arrestable
without a warrant, and the police have power to search the harasser's property. The
courts may make a restraining order immediately after convicting a person of
either of the two offences. In Scotland the common law has always provided
protection against stalking through the offence of breach of the peace. See also
MOLESTATION.

stamp duty A tax payable on certain legal documents specified by statute. It can
take the form either of a fixed duty, in which the same amount is payable on all
documents of the same kind, or an ad valorem duty, when the amount of duty varies
according to the value of the transaction effected by the document. Documents that
are insufficiently or improperly stamped cannot be admitted as evidence in civil
proceedings and they are therefore legally unenforceable. Documents must be sent
for stamping within certain time limits to avoid incurring penalties. Stamp duty is
controlled by the Inland Revenue. Stamp duty is payable on all transfers of land at
0% up to and including a value of .60,000; 1%if the value of the transfer is over
.60,000 but not more than .250,000, 3% on transfers over .250,000but less than
.500,000, and 4% above .500,000. The rates on other types of property, including
leases and stocks and shares, also vary with the value.

standard basis (of assessment of costs) See COSTS.

standard-form contract A commercial contract (e.g.a routine contract of
carriage or insurance) that is concluded on terms issued by the offeror in standard
form and allows for no effective negotiation. In French law such a contract is
known as a contrat d'adhesion.

standard investment criteria See GENERAL POWER OF INVESTMENT.

standard of proof The degree of proof required for any fact in issue in
litigation, which is established by assessing the evidence relevant to it. In criminal
cases the standard is *proof beyond reasonable doubt (see also BURDEN OF PROOF); in
civil cases (including divorce petitions) the standard is proof on a balance of
probabilities.

standing civilian court A court, provided for by the Armed Forces Act 1976,for
the trial outside the UK of lesser offences committed by certain civilians, e.g. the
families of servicemen (see SERVICE LAW). The Secretary of State for Defence (with the
approval of the Lord Chancellor) specifies which areas such courts serve and draws
up panels of serving officers and civilians to sit as assessors. The Lord Chancellor
appoints legally qualified persons to act as magistrates in the courts.

standing committee A committee of the House of Commons appointed to take
the committee stage of public Bills allotted to it by the government. There are
about 8 such committees (the number varies according to need), each consisting of
between 16 and 50 members who are nominated by a Committee of Selection to
reflect the political composition of the House as a whole. Compare COMMITTEE OF THE
WHOLE HOUSE.

standing mute The refusal of the defendant in a trial on indictment to plead to
the indictment. A jury, drawn from any 12 people who happen to be present, must
be empanelled to say whether the defendant is mute of malice (i.e. is wilfully
refusing to plead) or is mute by visitation of God (i.e. is suffering from some
physical or mental impairment that is preventing him from pleading). None of the
jurors may be challenged by the defendant. If the verdict of the jury is mute of
malice, a plea of *not guilty is entered; if mute by visitation of God, the jury must
consider whether the defendant is *unfit to plead.
A person who is merely deaf and dumb may plead to an indictment through an
interpreter. See alsoUNFIT TO PLEAD.

stare decisis [Latin: to stand by things decided] A maxim expressing the
underlying basis of the doctrine of *precedent, i.e. that it is necessary to abide by
former precedents when the same points arise again in litigation.

state n. A sovereign and independent entity capable of entering into relations with
other states (compare PROTECTED STATE) and enjoying *internationallegal personality.
To qualify as a state, the entity must have: (1) a permanent population (although, as
in the case of the Vatican or Nauru, this may be very small); (2) a defined territory
over which it exercises authority (although its borders, as in the case of Israel, need
not be defined or undisputed); (3)an effective government. There are currently over
180 states. When a new state comes into existence, it is automatically bound by the
principles of international law.
For some purposes, entities that do not normally qualify as fully fledged states
may nonetheless be treated as such. Liechtenstein, for example, was refused
admission as a state to the League of Nations (and did not become a member of the
United Nations until 1990), but is a party to the Statute of the International Court of
Justice, which is only open to states. See also BOUNDARY: JURISDICTION.

state aid Government assistance, often to local businesses, which is usually of a
financial nature and discriminates against businesses trying to compete with them.
Articles 87-89 of the *Treaty of Rome and provisions in the *Paris Treaty regulate
the granting of such aid. Article 87 prohibits state aid, but the EU may approve
certain types of state aid that are beneficial. About 30 cases a year are challenged by
the European Commission under these provisions.

State Earnings Related Pension Scheme (SERPS) A scheme run by the UK
government to provide a pension for employees in addition to the state retirement
*pension. Contributions are made through national insurance payments. Those
wishing to contract out of SERPS may subscribe to a personal pension scheme. SERPS
is expected to be reformed in September 2002, to provide more generous benefits
for certain groups, such as the disabled. This will be called the State Second
Pension.

statement of affairs 1. A document that must be prepared by a debtor after a
*bankruptcy order has been made against him except when the bankruptcy order
was made on his own petition or when the court excuses him. It gives details of his
assets, debts and liabilities, the names and addresses of his creditors, and what
securities they hold. The debtor must send the statement to the official receiver, and
the creditors are entitled to inspect it. A debtor who wrongly fails to submit a
statement of affairs is guilty of *contempt of court. See also BANKRUPTCY. 2. See
VOLUNTARY WlNDING-UP.

statement of arrangement for children A statement of proposed
arrangements for the children of divorcing parents, which must be filed before a
divorce is granted. The statement must be scrutinized by the court, which may
make certain orders in respect of the children.

statement of case A formal written statement in a civil action served by each
party on the other, containing the *allegations of fact that the party proposes to
prove at trial (but not the evidence by which they are to be proved) and stating the
remedy (if any) that the party claims in the action. Before the introduction of the
*Civil Procedure Rules in 1999, statements of case were called pleadings.
Statements of case include *claim forms, *particulars of claim, *defences,
*counterclaims, and replies to defences. All statements must include a *Statement
of Truth. Statements of case must contain only material facts, i.e. those facts
essential to the party's claim or defence, and not the subordinate facts that are the
means of proving them. It is customary to include the inferences of law that the
party claims are to be drawn from the facts stated, although this is not essential.
Allegations of law as such (legal arguments) are not permitted. Since the purpose
of statements of case is to define clearly the issues in the action and to give the
parties notice of the other side's case, sufficient details must be given of each
allegation.

statement of claim Formerly, a pleading served by the claimant in an action
begun by writ of summons in the High Court. Under the *Civil Procedure Rules,
statements of claim are now known as *particulars of claim.

Statement of Objections A document issued by the European Commission
setting out the case against a business that has infringed the rules of competition
law under *Articles 81 and 82 of the Treaty of Rome. The statement will set a
reasonable time limit for a reply, which can be extended (about 2~3 months is the
usual period initially given).

statement of reasons for dismissal A written notice of the reasons for an
employee's dismissal or for the nonrenewal of a fixed-term contract. Under the
terms of the Employment Rights Act 1996,a dismissed employee having one year's
*continuous employment may demand such a statement from his employer and
may complain to an employment tribunal if the statement is refused or not
provided within 14 days. If an employee is dismissed during her pregnancy or after
the birth of her child in circumstances in which her maternity leave period ends by
reason of the dismissal, the employee is entitled to such a statement without
making any request and irrespective of the period of continuous employment (see
MATERNITY RIGHTS).

Statement of Truth (in civil proceedings) A statement made by a party (or his
authorized agent, e.g. lawyer) that he believes the content of the document in which
the Statement of Truth appears is true. The requirement of the Statement of Truth
was the result of the *Civil Procedure Rules and seeks to avoid the need to swear
affidavits in support of various statements made during a claim. Statements of
Truth are required in *statements of case, witness statements, and experts' reports.
The deliberate provision of false information in a Statement of Truth is a contempt
of court.

statements of standard accounting practice (SSAP) Statements published
by the Accounting Standards Board that define the principles on which a
company's assets and liabilities should be valued and its profits and losses
computed.

state of emergency See EMERGENCY POWERS.

state responsibility The obligation of a state to make reparation arising from a
failure to comply with a legal obligation under international law. See alsoESPOUSAL OF
CLAIM.

State Second Pension See STATE EARNINGS RELATED PENSION SCHEME.
Stationery Office, The (tSO) The privatized body that, on 1 October 1996,took
over the functions of *Her Majesty's Stationery Office (HMSO) in selling
government and related legislative material. All Acts of Parliament and government
regulations can be purchased from tSO. HMSOremains in public ownership; its
functions include administration of Crown and Parliamentary copyright through its
Copyright Unit.

status n. A person's legal standing or capacity. The term derives from Roman law,
in which it referred to a person's freedom, citizenship, and family rights. Status is
an index to legal rights and duties, powers, and disabilities.
statute n. See ACT OF PARLIAMENT.

statute-barred debt A debt that has not been recovered within the period
allowed by the legislation relating to *Iimitation of actions. Such a debt can no
longer be recovered by action. The limitation period for debts due on promises made
by deed is 12 years from the date the debt became due. For other debts the
limitation period is six years from the date the debt became due. However, in
certain contracts of loan that do not provide for repayment of the debt by a fixed
date and in which repayment is not conditional on a demand by the creditor, the sixyear
period will not start to run until the creditor makes a demand in writing for
repayment of the debt.

statute book The entire body of existing statutes.

statute law The body of law contained in Acts of Parliament. Compare CASE LAw.
statutorily protected tenancy A tenancy that has *security of tenure and, in
some cases, statutory control of rent.

statutory assignment See ASSIGNMENT.

statutory company A *company incorporated by the promotion of a private Act
of Parliament. Compare REGISTERED COMPANY.

statutory corporation See PUBLIC CORPORATION.

statutory declaration A *declaration made in a prescribed form before a justice
of the peace, notary public, or other person authorized to administer an oath.
Statutory declarations are used in extrajudicial proceedings and not in court, but
have similar effects to declarations made on oath.

statutory demand A standard form used for the enforcement of debts. It
typically sets out a demand by a creditor to a debtor to honour payment of an
amount owing. The amount may be due immediately or at a future date (if the
creditor has reasonable grounds for believing that it will not be paid at this date).
The demand will also specify a period of three weeks for repayment or other
satisfactory solution. Failure to comply with the demand by the debtor will be
evidence of an inability by the debtor to pay creditors and can be used to support a
*compulsory winding-up petition.

Statutory Form of Conditions of Sale Standard terms of contract for the sale
and purchase of land, published by the Lord Chancellor under the Law of Property
Act 1925. They cover, for example, the vendor's obligations in proving his title to the
land, the completion of the transaction, and the payment of interest by the
purchaser if he fails to complete on the due date. The Statutory Form applies
automatically to contracts made by correspondence subject to any express
agreement between the parties, and any valid contract for the sale and purchase of
land may be expressed to incorporate the Statutory Form.

statutory instrument Any *delegated legislation (not including subdelegated
legislation) to which the Statutory Instruments Act 1946 applies. This includes (1)
delegation made under powers conferred by an Act passed after 1947, either on the
Crown or on a government minister, and expressed by that Act to be exercisable by
Order in Council in the former case or by statutory instrument in the latter; or (2)
delegation made after 1947 under powers conferred by an earlier Act and formerly
governed by the Rules Publication Act 1893 (which was replaced by the 1946 Act and
provided for the publication of delegated legislation to which it applied in an
official series known as statutory rules and orders). Regulations or orders made
before the 1946 Act came into force may still be statutory instruments if the power
they exercise was a power to make statutory rules within the meaning of preexisting
legislation, which was duly conferred on a rule-making authority under
that legislation.
The 1946 Act relates in part to the publicity to be given to statutory instruments,
requiring them to be numbered, printed, and published by the Queen's printer.
They are numbered consecutively for each calendar year in the order in which the
printer receives them; for example, the first statutory instrument to be received in
1993would be cited as "S.1. 1993 No.1". Moreover, as a modification of the rule
ignorantia juris non excusat (ignorance of the law is no excuse), the Act makes
nonpublication a defence to proceedings for contravening a statutory instrument
unless other adequate steps had been taken to bring it to the public notice. The Act
is also concerned with certain aspects of parliamentary control. It standardizes
negative resolution procedure for statutory instruments by providing that, if the
enabling statute simply makes them subject to annulment by resolution of either
House of Parliament, they are to be laid before Parliament for 40 days and liable to
annulment during that period. It further provides that any statutory instrument
required to be laid (either because of that rule or because the enabling statute
expressly says so) must be laid before becoming operative unless there is good
reason to the contrary (in which case, an explanation must be given to the Lord
Chancellor and the Speaker). See alsoJOINT COMMITTEE ON STATUTORY INSTRUMENTS.

statutory interpretation See INTERPRETATION OF STATUTES.

statutory lives in being See RULE AGAINST PERPETUITIES.

statutory maternity pay See MATERNITY RIGHTS.

statutory owner A person having the powers of an immediate beneficiary of
*settled land, where the beneficiary himself is under 18 or there is no immediate
beneficiary (for example, in a discretionary settlement in which no beneficiary
has been appointed). The statutory owner is either the person of full age on whom
the powers are conferred by the settlement; the trustees of the settlement (see
SETTLED LAND ACT TRUSTEES); or, in a settlement made by will on a beneficiary under
18, the testator's personal representatives until a vesting instrument has been
effected.

statutory periodic tenancy A *periodic tenancy that comes into operation on
the expiration of an *assured tenancy for a *fixed term unless that tenancy is
terminated by a court order or *surrender of the tenancy. The statutory periodic
tenancy is on the same terms as the fixed term tenancy before it expired, except for
the condition for terminating the tenancy at the end of the term. However, the
landlord or tenant can apply to a *rent assessment committee to vary the terms of
the tenancy. See alsoASSURED SHORTHOLD TENANCY.

statutory rules and orders See STATUTORY INSTRUMENT.

statutory sick pay (SSP) Weekly payments by employers to employees unable to
work because of sickness; it is payable, after the first three days of sickness, for a
period of up to 28 weeks, after which employees can claim *incapacity benefit.
Employees who do not qualify for SSPinclude those with fixed contracts of no more
than three months and recipients of any social security benefits during the previous
eight weeks. Formerly all employers were entitled to an 80% reimbursement for SSP
by the government, and smaller companies were entitled to full reimbursement
after the first six weeks of each SSPclaim. However, this position has been gradually
altered since 1994. Currently in most cases no recoupment will be possible. The only
exception is where an employer pays out, in any income-tax month, SSPexceeding
13%of his liability to pay national insurance contributions in that month. In such
circumstances that excess can be recouped.

statutory tenancy A tenancy that comes into existence when the contractual
element of a *protected tenancy is terminated and the former protected tenant
continues to live in the property (a company cannot be a statutory tenant). A
statutory tenancy continues only for as long as the tenant lives in the property
(therefore it will end if the tenant attempts to sublet). When the tenant dies,
however, the statutory tenancy can be transmitted to his spouse if she was living in
the dwelling immediately before the tenant's death. If there is no spouse, the
tenancy can be transferred to another member of the tenant's family who was
living with him for the previous two years. This is known as a statutory tenancy
by succession. The terms of a statutory tenancy are, in general, the same as those
of the original contractual tenancy. If there is no provision for notice in the original
tenancy, the tenant must give three months notice to terminate his tenancy. A
landlord can terminate a statutory tenancy only by obtaining a court order for
possession. Statutory tenancies are being phased out as no new protected tenancies
can be created after the Housing Act 1988.See ASSURED TENANCY.

statutory trust Until 1997, a trust created by statute when land was held by
trustees on trust pending its sale (see TRUST FOR SALE). Any income from the land
prior to its sale and the proceeds of sale itself was held in trust by the trustees.
Unless there was a contrary intention, the trustees had the right, at their discretion,
to postpone sale. Since 1997, statutory trusts have been replaced by *trusts of land
governed by the Trusts of Land and Appointment of Trustees Act 1996.
stay of execution An order suspending the *execution of the order of a court. In
the High Court a stay of execution by writ of *fieri facias may be granted subject
to the condition that the debtor pays the judgment debt by specified instalments
(unlike the county courts, the High Court has no other power to order the payment
of judgment debts by instalments).

stay of proceedings An order by the court suspending proceedings, usually
because of some misconduct by the claimant (e.g. in a claim for damages for
personal injury, unreasonably refusing to attend for medical examination by a
doctor nominated by the defendant).

step-parent n. A person who is married to the father or mother of a child but is
not the natural parent of the child. A step-parent has no automatic legal status in
relation to his or her step-children, but will usually qualify to apply, as of right,
for a *section 8 order in respect of the child by virtue of being married to the
child's natural parent. Step-parents may acquire *parental responsibility either by
applying to court for a residence order (which automatically confers parental
responsibility) or by applying to adopt the child together with the child's natural
parent. There is, however, a policy of discouraging step-parent adoption since the
effect will be to irrevocably sever the child's legal ties with its other natural
parent.

stipendiary magistrate See DISTRICT JUDGE (MAGISTRATES' COURT).
stock n. 1. A fixed-interest loan raised by the government or a local authority.
2. Shares in a registered company that have been converted into a single holding
with a nominal value equal to that of the total of the shares. For example, a holder
of 100 shares of £1 each will have £100 stock after conversion. 3. See LOAN CAPITAL.
Stock Exchange The International Stock EXchange of the UKand the Republic of
Ireland Ltd: the body responsible for regulating the issue and marketing of
company securities. Admission to the Listed Market must be sponsored by a
member of the Stock Exchange and is available only to shares of large public
companies that have published *accounts for the three years preceding the
application and that have satisfied the listing rules (the Yellow Book). These rules
ensure that sufficient information is supplied, both on admission and subsequently,
to enable investors to assess the merits of the shares. Admission to the Alternative
Investment Market (AIM) is available to smaller companies who meet the statutory
requirements. Deals in listed shares will usually be arranged through a member of
the Stock Exchange acting as a market intermediary and taking a commission. Some
market intermediaries specialize in particular securities; intermediaries who arrange
deals in these securities are called matching brokers; intermediaries who will
themselves buy or sell the securities are called market makers, and the prices they
quote are quotations.

stock transfer form See SHARE TRANSFER.

stop notice 1. A court procedure available to protect those who have an interest
in shares but have not been registered as company members. The notice prevents
the company from registering a transfer of the shares or paying a dividend upon
them without informing the server of the notice. 2. A notice served by a local
planning authority when they consider that any activity specified in an
*enforcement notice should be prevented before the time for compliance given by
that notice. It takes effect on a date specified therein, which is 3 to 28 days after
service, and a site notice may be posted, drawing attention to its provisions.
stoppage in transitu A remedy available to an *unpaid seller of goods when the
buyer has become insolvent and the goods are still in course of transit. If the seller
gives notice of stoppage to the carrier or other bailee of the goods, he is entitled to
have them redelivered to him and may then retain possession of them until the
price is paid or tendered. If the right is not exercised, the goods will fall into the
insolvent buyer's estate and go towards satisfying his creditors generally.
stowaway n. A person who secretes himself upon a ship and goes to sea. This is a
criminal offence under the Merchant Shipping Act 1894.
street offence Any offence relating to the use of public streets. Examples are
*obstruction, failing to obey police regulations about movement of traffic or
pedestrians, *kerb crawling, and *soliciting.

strict construction See INTERPRETATION OF STATUTES.

strict liability 1. (in criminal law) Liability for a crime that is imposed without
the necessity of proving "mens rea with respect to one or more of the elements of
the crime. There are few crimes of strict liability at common law but such crimes
are often created by statute, particularly to control or regulate daily activities;
examples include offences relating to the production and marketing of food and
*offences relating to road traffic. The usual penalty for crimes of strict liability is a
fine. Most crimes of strict liability do, however, require mens rea in respect of at
least some of the elements of the crime. In some cases statute provides for strict
liability, but then allows a defence if the accused can prove (see BURDEN OF PROOF)
that he had no reason to know of or suspect certain facts, so that, in effect, the
crime becomes one of *negligence. *Automatism is a defence to all crimes, inclUding
crimes of strict liability. 2. (in tort) Liability for a wrong that is imposed without
the claimant having to prove that the defendant was at fault. Strict liability is
exceptional in the law of tort, but is imposed for torts involving dangerous animals
(see CLASSIFICATION OF ANIMALS) and dangerous things (the rule in *Rylands v Fletcher),
*conversion, *defamation, *products liability, and some cases of *breach of
statutory duty. It is no defence in these torts that the defendant took reasonable
care to prevent damage, but various other defences are admitted.

strict settlement A trust conferring beneficial interests in land that render it
*settled land, governed by the Settled Land Act 1925.Generally the purpose of a
strict settlement is to create successive interests that will keep the land in the
settlor's family. The usual form of marriage settlement gave a life interest to the
husband with remainder (after provisions for the wife during widowhood and for
younger children of the marriage) to the first and other sons in *tail, a further
remainder to any daughters as tenants in common in tail, and a final remainder to
the husband in fee simple. The beneficiaries under a strict settlement have equitable
interests in the land. Since 1997, such settlements exist as a TRUST OF LAND.

strike n. A cessation of work or refusal to work by employees acting together in
connection with a *trade dispute to secure better terms and conditions of
employment for themselves and/or other workers. A trade union cannot call its members out on strike unless it has held a secret ballot and the majority agree to the action. Under terms of the Trade Union and Labour Relations (Consolidation)
Act 1992 trade union ballots for industrial action must be fully postal and, if a
ballot involves 50 or more members, it must be subject to independent scrutiny.
Seven days' notice of the union's intention to ballot its members on industrial
action must be given to the employer and the union must provide the employer
with details of the ballot result and give him at least seven days' written notice of
those members it intends to call out on strike. A strike ballot remains effective for
four weeks. This period may be extended to eight weeks if the union and
employer agree. The Trade Union and Labour Relations (Consolidation) Act 1992
provides for a "Citizen's Right" for any individual to sue the union if he is deprived
(or likely to be deprived) of any goods or services because of unlawfully organized
industrial action. Until recently a claimant suing under the "Citizen's Right"
provision could seek financial assistance from the Commissioner for Protection
Against Unlawful Action, but this office was abolished by the Employment Relations
Act 1999. The functions of the Commissioner have been transferred to the
*Certification Officer.

striking off 1. The removal of a solicitor's name from the roll of solicitors of the
Supreme Court, either at his request or for misconduct. 2. A similar procedure in
other professions (e.g. the erasure of a doctor's name from the register of general
medical practitioners). 3. The removal of a limited company from the companies
register, often because it has failed to file accounts.

structured settlement A form of *settlement of action used in cases of serious
personal injuries in which it is agreed that the injured person will receive, in
addition to a lump sum for losses already suffered, further payments on a periodic
basis to cover future needs. The periodic payments are funded by an annuity
purchased by the defendant and can be index-linked to provide for inflation.
structure plan A written statement formulating a local planning authority's
policy on development and land use, including environmental improvement and
traffic management policy.

subdelegated legislation Legislation made under powers conferred by
*delegated legislation or by subdelegated legislation itself (in which case it is
technically sub-subdelegated legislation). Subdelegated legislation is quite common
(as when the parent Act authorizes a minister to make regulations and these in
turn authorize others to make orders), but sub-subdelegated legislation is rare
(though examples have existed in wartime); the chain has not in practice been
further extended. Subdelegated legislation is not subject to any form of
parliamentary control but it is subject to judicial control by means of the doctrine
of *ultra vires.

subject to contract See ACCEPTANCE.

sub judice rule 1. A rule limiting comment and disclosure relating to judicial
proceedings, in order not to prejudge the issue or influence the jury. See CONTEMPT
OF COURT. 2. A parliamentary practice in which the Speaker prevents any reference
in questions or debates to matters pending decision in court proceedings (civil or
criminal). In the case of civil proceedings, he has power to waive the rule if a matter
of national interest is involved.

sublease (subtenancy, underlease) n. A *lease granted by a person who is
himself a lessee of the same property. The sublease must be shorter than the main
lease. Thus a lessee with a lease for 10 years can grant a sublease for a period up to
10 years less one day. The formalities for creating and terminating a sublease are the
same as those for a lease. There is often a covenant in a lease prohibiting subletting.
If a lessee sublets in breach of the covenant the sublease will be valid, but the
landlord may have a right of *forfeiture of the lease. In some cases the lease
specifies that the lessee may only sublet with the landlord's consent. In this case, the
landlord may not withhold his consent unreasonably and he cannot charge a fee for
giving his consent unless there is express provision for this in the lease. If the main
lease is forfeited, any sublease automatically comes to an end. However, the
surrender of a lease does not affect any sublease.

subletting n. The granting of a *sublease.

submortgage n. A mortgage of a mortgage. A submortgagor is a person who
holds a mortgage over another's land and charges that mortgage as security for a
debt he owes to a third party (the submortgagee). If the submortgagor defaults,
the submortgagee may sell the mortgage (but not the land) and recover the debt
from the proceeds.

subordinate legislation See DELEGATED LEGISLATION.
subornation n. Procuring another to commit an offence. Normally subornation is
included in the offence of aiding, abetting, or procuring (see ACCESSORY), but there is
a special statutory offence of subornation of perjury.

subpoena n. See WITNESS SUMMONS.

subrogation n. The substitution of one person for another so that the person
substituted succeeds to the rights of the other. Thus an insurer who indemnifies his
insured against the loss of goods may be subrogated to the insured person's rights
against a third party whose negligence caused the loss.

SUbscribing witness A person who signs a written document as an attesting
witness to the signature of another.

SUbsidiarity n. A principle of the European Union, introduced by Article 3A of the
*Maastricht Treaty, ensuring that in areas which do not fall within the exclusive
competence of the EU,it shall not take action unless the objectives of the proposed
action cannot be adequately achieved by individual member states. Thus it provides
for legislation at national level when EU measures are not required.

SUbsidiary company A company controlled by another company, its holding (or
parent) company. For general purposes, such control is established when the
holding company has a majority of the voting rights attached to its shares (either by
virtue of its ownership of those shares or because of an agreement with other
shareholders) or the right to appoint or remove a majority of its board of directors.
If company A controls company B,which itself controls company C, then company C
is the subsidiary of both company B and company A. For the purposes of *group
accounts, a wider definition applies: the subsidiary need not be incorporated (see
COMPANY) and control can also be established in other ways, e.g. when the holding
company has the right, under the subsidiary's *articles or *memorandum of
association, to exercise a dominant influence over it.

Substantial Acquisition Rules See SARS.

substantial damages See DAMAGES.

substantial performance See PERFORMANCE OF CONTRACT.

substantive law The part of the law that deals with rights, duties, and all other
matters that are not matters purely of practice and procedure. Compare ADJECTIVE
LAW.

substituted service The service of documents in civil litigation other than by
*personal service or (when postal service is permitted) by post. An order of the court
is required for substituted service, and the application for it must be supported by
an *affidavit. It may take the form of service by letter, advertisement, or any other
method likely to bring the proceedings to the attention of the defendant.
Substituted service has all the effects of personal service. It is often sought against
defendants who are deliberately evading personal service.
substitutional legacy A legacy that passes to descendants of a beneficiary who is
named in a will if this beneficiary has predeceased the testator. See also
REPRESENTATION.

subtenancy n. See SUBLEASE.

subtenant n. A tenant who holds a *sublease.

sub-trust (derivative trust) n. A trust created out of a trust. If A has an interest
under a trust and declares himself trustee of the interest for Band C, Band C have
interests under a subtrust as far as the original settlor is concerned.
succession n. 1. The law and procedures under which beneficiaries become
entitled to property under a testator's will or on intestacy. 2. (in international law)
The transfer of sovereignty over a territorial entity from one subject of
international law (i.e.one state) to another. As a result of succession, an existing
state becomes totally extinguished (as when Tanganyika and Zanzibar ceased to exist
in 1964 on the formation of Tanzania) or a state transfers part of its territory to
another state.

sue vb. To make a claim for a remedy in the civil courts by issuing court
proceedings.

sufferance n. See TENANCY AT SUFFERANCE.

suicide n. The act of killing oneself intentionally. Since 1961suicide itself is not a
crime, but there is a special statutory crime (punishable by up to 14 years'
imprisonment) of aiding, abetting, counselling, or procuring a suicide. In practice
very few prosecutions are brought for this offence. Doing nothing to stop someone
else from committing suicide is not abetting it, but euthanasia (mercy killing) in the
form of giving assistance to the sufferer (rather than actually killing him) may
amount to aiding. VVhen two people agree that one of them shall kill the other and
then commit suicide (a suicide pact), the one who does the killing is guilty, if he
survives, not of murder but of manslaughter.

sui generis [Latin: of its own kind] Forming a class of its own; unique.

sui juris [Latin: of his own right] Describing the status of a person who is of full
age and capacity. Compare ALIENI JURIS.

suit n. A court claim. The term is commonly used for any court proceedings
although originally it denoted a suit in equity as opposed to an action at law. When
a case is referred to as (for example) "Jones at the suit of Smith" (or "Jones a.t.s.
Smith") Jones is the defendant in an action brought by Smith.
summary conviction A *conviction in a magistrates' court. The magistrates are
the judges of both fact and law and must either convict the accused or dismiss the
case. T~e usual form of words for a conviction is 'We find the case proved", and a
conviction may be returned on a simple majority verdict. Under the Magistrates'
Courts Act 1980,the magistrates may remand the accused for a medical examination
if they are satisfied that he has committed the act he is charged with, but are in
do:rbtas to his mental condition and whether or not to make a hospital order. Such
a fmdmg has the force of a conviction for purposes of the accused's right to be
granted bail.

summary financial statement A statement providing financial information
about a company that is derived from its annual *accounts. *Listed companies may
opt to supply this abbreviated form of the accounts to their members in place of
the full accounts, but only if the members do not object.

summary jUdgment A procedure enabling a claimant in an action for debt or
damages in the High Court to obtain judgment without the defendant being
?ermltted to defend the action. It can be used in most actions except when these
mclude a claim for *libel, *slander, *malicious prosecution, or *false
imprisonment or an allegation of *fraud. Summary judgment will be entered on
behalf of a claimant in those situations in which the court is satisfied that there is
no real possibility of the defendant successfully defending himself against the
claim. The procedure may also be invoked by the defendant in those situations in
which it is accepted by the court that there is no real possibility of the claim
succeeding.

summary offence An offence that can only be tried summarily, i.e. before
magistrates. Most minor offences (e.g.common assault and battery) are summary.
Prosecutions for all summary offences must be started within six months of the
commission of the offence, unless statute expressly provides to the contrary.
Compare INDICTABLE OFFENCE: OFFENCES TRIABLE EITHER WAY.
sum~ary trial Trial by magistrates without a jury. All summary offences are
tried m this way, as well as some *offences triable either way. The main
procedural principles followed in *trial on indictment also apply to summary trial,
but there are some differences of which the most important are as follows. (1) The
accused does not usually have to be present at the hearing. (2) Objections cannot
usually be made either to information laid before the magistrates or to a summons
or warrant served on the defendant on the grounds of "defects of substance or
form" (unless they are fundamental defects). (3) In the case of summary offences, the
accused may send in a written plea of guilty, together with a statement of
mitigation, and the case may then be tried without the prosecution or defence
appearing.

summing up A judge's speech at the end of a trial by *jury, in which he
explains to the jury what its functions are, directs the members of the jury on any
relevant pomts of law, and summarizes all the evidence that has been given in the
trial.

summons n. A court order to an individual to appear in court at a specified place
and tIme. The term is used in criminal cases for appearance at a magistrates' court.
Before the introduction of the *Civil Procedure Rules in 1999,it was used in civil
cases for hearings in the county court and applications to a judge sitting in
chambers about procedural matters prior to the court hearing. Such orders are now
made by application notice. See alsoWITNESS SUMMONS.

Summons Production Centre (SPC) An organization within the administrative
structure of the *county courts system for the production of summonses issued by
large-scale users of the county court, particularly public utilities. It is located in
Northampton.

Sunday trading The opening of shops for trading on a Sunday, wh~ch is governed
by the Sunday Trading Act 1994as consolidated in the Employment Rights Act 1996.
Small shops may open at will on a Sunday. The 1994Act repealed the Shops Act 1950,
which prohibited large shops from Sunday trading. Large shops WIth a floor area
over 280 square metres may now open on Sunday if notice is givento the local .
authority, provided that they open for no more than SIX hours begm~mg no ear her
than 10.00a.m. and ending no later than 6.00 p.m. These rules do not include Easter
Sunday or Christmas Day when it falls on a Sunday. Local authorities may keep
registers of large shops open for Sunday trading; these are open to inspection'.
Certain large shops can open on a Sunday without the need to register, including
farm shops, off-licences, motor and cycle suppliers, pharmaci~s, airport shops, shops
at railway stations, motorway service areas, petrol-filling stations, shops supplymg
ships or aircrafts, stores selling at exhibitions, and shops occupied by people who
observe the Jewish Sabbath (Saturday). Fines can be levied for breach of the
requirements. The Act also controls noisy unloading on a Sunday.
Shopworkers who were taken on before 25 August 1994 (other than those
employed for Sunday working only), and those who were taken on after th~t date
who are not required by their contracts to work on Sundays, have a legal right to
refuse to work on Sundays unless they have agreed to do so (for example, by signing
an "opting-in notice").

superior court Any of the higher courts of the legal system, whose jurisdiction is
not limited, for example, by geography or by value of the subject matter of the.
claim and whose decisions have weight as *precedents. In English law, the supenor
courts are the *House of Lords, the *Court of Appeal, the *High Court, and the
*Crown Court, together with the *Judicial Committee of the Privy Cou?,cil.
Decisions of superior courts are not subject to judicial review by the High Court.
Compare INFERIOR COURT.

superior orders A plea that certain conduct does not constitute a crim~ because
it was committed in obedience to the orders of a supenor (usually a supenor officer
in the armed forces). It could arise, for example, on the unjustified s~ooting of a
rioter when the military are restoring order. UK law does not recogmze the plea as a
defence in itself. If an order is unlawful, a soldier's duty is to disobey it. If, however,
an unlawful order is not manifestly so, the plea could be raised as establishing that
the soldier did not have the necessary mens rea.

supervision order 1. An order of the court placing a child under the .
supervision of a local authority or a probatio~ .officer whose ~uty It ~s t*o advise and
assist the child. The court can make a supervision order only if certam threshold
criteria are satisfied. A supervisor may have wide powers, for example to ensure
that the child lives as directed or attends specified activities; in addition, the
supervisor may apply for an education supervision order if the child is of
compulsory school age and not receiving adequate education. A supervision order
does not confer *parental responsibility and initially lasts only for one year WIth a
possible extension for up to a maximum of three years. Compare CARE ORDER. 2. See
SUSPENDED SENTENCE.

support funding See COMMUNITY LEGAL SERVICE.

suppression of documents The dishonest destruction, hiding, or defacing of
any valuable security (i.e. almost any document creating, extinguishing, or
transferring a right in money or property), will or similar document, or any original
document (but not a copy) belonging to or filed in any court or governmental
department. If done with the purpose of gaining as a result, or causing loss to
someone else, it is an offence punishable by up to seven years' imprisonment. See also
FORGERY.

supra protest See ACCEPTANCE SUPRA PROTEST.

supremacy n. The prevalence of one law or document over another that conflicts
with it. Within the European Union, EU law prevails over national law; there are
many instances of national law being overturned by the *European Court of Justice
when a member state has ignored provisions of the Treaty of Rome. However, in
certain areas, for example competition law, national laws may be permitted when
they are stricter than provisions in EU law.

Supreme Court of Judicature A court created by the Judicature Acts 1873-75 to
take over the jurisdiction of all the higher courts, other than the House of Lords,
existing at that time. It does not sit as a single court but comprises the *High Court
of Justice, the *Court of Appeal, and the *Crown Court. Its practice and procedure
are regulated by the *Civil Procedure Rules.

Supreme Court Rule Committee See RULES OF THE SUPREME COURT.

surety n. 1. Security in the form of money to be forfeited upon nonappearance in
court, offered either by the defendant himself or by other people of suitable
financial resources, character, and relationship to the defendant. 2. Any person who
offers security for another. See BAIL; RECOGNIZANCE.

surname n. A family name. Upon marriage a wife is entitled to take her husband's
surname (and title or rank) and to continue using it after his death or divorce
(unless she uses it for fraudulent purposes), although she is not obliged to do so.A
legitimate child, by custom, takes the name of his father and an illegitimate child
that of his mother (although the father's name may be entered on the birth
registration if both parents agree or an affiliation order names the man as the
putative father). Upon adoption a child automatically takes the name of his adoptive
parents. See also CHANGE OF NAME.

surprise n. (in court procedure) An unexpected event that causes a party to be put
at some disadvantage in litigation. Many rules of pre-trial procedure are designed to
prevent surprise; for example, any matter that might otherwise take the opposite
party by surprise must be specifically pleaded, and there are rules concerning the
exchange of the reports of expert witnesses. Surprise is an argument often put
forward by parties seeking to resist amendments of statements of case and other
documents; if justifiably raised at trial, it may result in an adjournment being
offered to the disadvantaged party.

surrebutter n. Formerly, a pleading served by a claimant in reply to the
defendant's *rebutter. Such a pleading was very rare in modern practice and no
longer exists under the *Civil Procedure Rules.

surrejoinder n. Formerly, a pleading served by a claimant in answer to the
defendant's *rejoinder. Such a pleading was very rare in modern practice and no
longer exists under the *Civil Procedure Rules.

surrender of tenancy The termination of a *Iease, which occurs when a tenant gives up his interest to his landlord. Surrender can be express or implied. Express
surrender is usually in the form of a deed. When the lease is for less than three
years, no deed is needed provided that the tenant signs a written agreement to
surrender. Implied surrender occurs when the actions of both parties show that
they consider the lease to be at an end; for example, when the tenant gives up
possession and the landlord reoccupies the property.

surrender to custody To give oneself into the custody of the court or police at
an appointed time and place. It is the primary condition of all releases on *bail to
surrender to custody; in order to achieve this, the court may attach conditions to
the bail, such as the provision of a *surety or restrictions on movement. Failure to
surrender to custody is an offence (see ABSCONDING). The police may arrest without
warrant anyone whom they reasonably believe is not going to surrender to custody
or anyone whom they have been informed by a surety (who wishes to be relieved of
his undertaking) is not going to surrender.

surrogacy n. The role of a woman (a surrogate mother) who is commissioned to
bear a child by a married couple unable to have children themselves. The pregnancy
is usually initiated through artificial insemination of the surrogate mother by the
husband, although sometimes the wife's eggs are used; in this case the surrogate has
no genetic relationship to the child, being simply a host for the embryo. The
Surrogacy Arrangements Act 1985prohibits commercial agencies from engaging
women to act as surrogate mothers. Breach of the prohibition is punishable with a
fine of up to £2000 or three months' imprisonment. Surrogate mothers and
commissioning parents are exempt from liability. Advertising surrogacy services is
punishable with a similar maximum fine. See also SECTION 30 ORDER.

surveillance n. Keeping watch on a suspect. The Police Act 1997provides a formal
system for authorization of intrusive surveillance operations by chief police officers.
A team of independent commissioners oversees the arrangements and investigates
complaints. Police and customs officials are also required to seek prior approval
from a commissioner for authorizations in particularly sensitive cases - such as
those involving legal *privilege, for example - except in cases of emergency. See also
ELECTRONIC SURVEILLANCE.

survival of cause of action on death At common law all causes of action in
personal actions (i.e. contract and tort) died with the person in whom they were
vested (actio personalis moritur cum persona). By statute, however, all such causes of
actions, except for defamation and claims for certain types of loss, survive against or
for the benefit of the deceased. See alsoFATAL ACCIDENTS.

survivorship n. See COMMORIENTES; RIGHT OF SURVIVORSHIP.
sus law The law that formerly empowered the police to arrest any reputed thief
or suspected person found loitering with intent to commit an arrestable offence.
This law caused much public concern and was abolished by the Criminal Attempts
Act 1981. See INTERFERING WITH VEHICLES.

suspended sentence A prison sentence that does not take effect immediately.
When a person is sentenced to imprisonment for less than two years, the court may,
in exceptional circumstances, order that he should not actually be imprisoned unless
he commits another offence within a specified operational period of between one
and two years. If the suspended sentence is for a prison term of more than six
months, the court may also make a suspended sentence supervision order,
placing the offender under the care of a probation officer. If the offender fails to
comply with the terms of such an order he is liable to a fine.
Formerly, when an offender had been sentenced to a term of imprisonment of
more than three months but less than two years, and the court felt that it would
not be right to suspend the whole of the sentence, it could instead make an order
for a partially suspended sentence, under which the offender served part of the
sentence. Partially suspended sentences were abolished by the Criminal Justice Act
1991.

symbolic delivery See DELIVERY.

synallagmatic contract See BILATERAL CONTRACT.

synod n. A deliberative assembly of the clergy. See CHURCH OF ENGLAND.