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Myths in law
Myths in law

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7.1.3 Different parties

In a criminal case, the people on each side – the parties – are the prosecution and defendant. When the CPS brings a prosecution, it does so on behalf of the state. The defendant is the accused individual.

Criminal case names usually have the format R v [Defendant]. ‘R’ is short for Regina or Rex (Latin for Queen or King, the head of state). In other words, the prosecutor represents the Crown or state.

In a civil case, the parties are the claimant and defendant. The claimant is the person (or organisation) asking the court to order the defendant to do something. The defendant is the person (or organisation) against whom the claim is made.

Civil case names usually have the format [Claimant Name] v [Defendant Name].