Complainant Definition

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GLOSSARY

What does Complainant mean?

A person who makes a formal complaint.

In relation to an offence of rape or other sexual offences the complainant is the person against whom the offence is alleged to have been committed.

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Rape

The old law and the new law of rapeThroughout this Practice Note, reference is made to the old and new law of rape. The old law is divided into three periods, depending on when offences were committed:•1 January 1957 to 21 December 1976 fall under section 1 of the Sexual Offences Act 1956 (SOA 1956). Consolidated statutes. Amended by Sexual Offences Act 1967 in relation to homosexual acts•22 December 1976 to 2 November 1994 fall under the section 1 of the Sexual Offences (Amendment) Act 1976 (SO(A)A 1994)•3 November 1994 to 30 April 2004 fall under the SOA 1956, s 1 (as amended by the Criminal Justice and Public Order Act 1994 (CJPOA 1994))The new law applies from 1 May 2004 onwards and covers offences falling under section 1 of the Sexual Offences Act 2003 (SOA 2003).Elements of the offence of rape under the old lawFor offences charged under the old law, the prosecution must prove that:•the defendant penetrated the vagina or anus of the complainant with his penis•when the...

Special measures

Part 2 of the Youth Justice and Criminal Evidence Act 1999 (YJCEA 1999) contains a series of measures that the court can direct to protect the needs of vulnerable and intimidated prosecution or defence witnesses. These are in addition to the general case management powers available to the court contained in the Criminal Procedure Rules 2020 (CrimPR 2020), SI 2020/759, Part 3, for which see Practice Note: Pre-trial and case management hearings in the Crown Court.The measures cannot be applied for the benefit of the defendant. For information on the steps which may be taken in relation to the defendant, see Practice Note: Special measures for the accused.In summary, the measures available for witnesses include:•screening the witness from the defendant•giving evidence by live link or allowing the evidence to be given in private•ordering the removal of wigs and gowns while the witness gives evidence•video recording of evidence-in-chief•video recording of cross-examination and re-examination•the use of intermediaries to enhance witness communication, and•providing aids to communication for young or incapacitated witnessesEligibilityIn order to...

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Policy—regulatory references

Policy—regulatory references 1 Introduction 1.1 The Financial Conduct Authority (FCA) and the Prudential Regulation authority (PRA) (together the Regulators) require firms that are authorised by the Regulators (and subject to the Senior Managers and Certification Regime (SM&CR)) to request regulatory references if they are considering:. 1.1.1 permitting or appointing someone to perform a senior management function; 1.1.2 issuing a certificate under the certification regime; and/or 1.1.3 appointing a non-executive board director. 1.2 These regulatory references are designed to assist prospective employers to assess whether an individual applying for an applicable regulated function is fit and proper to hold that role. 1.3 To enable a prospective employer to assess the fitness and propriety of a candidate for a regulated function, organisations that fall within the SM&CR must provide upon request a regulatory reference that covers the individual for the preceding six years (and, in certain circumstances, longer). It is essential that we comply with our regulatory obligations in obtaining and in responding to such requests, as the failure to...

Letter to complainant—written response—deadlock or final letter

Letter to complainant—written response—deadlock or final letter [Insert complainant’s name] [Insert complainant’s contact address] Our ref: [insert complaint reference number] Dear [insert complainant’s name] I am writing to confirm I have concluded the investigation of your complaint that I received on [insert date complaint received]. 1 Your complaint The specific issues of your complaint were: [insert details] The investigations I undertook were: [insert details] 2 Our decision Based on these investigations I have concluded that: [insert details] 3 [ Remedy The remedies I think are appropriate are: [insert details] Please contact me by [insert date] to confirm whether you accept my proposed remedies. If you accept my proposed remedies I will ensure [insert details].] 4 Complaining to the Legal Ombudsman [We have been unable to settle your complaint using our internal complaints process. You may have a right to complain to the Legal Ombudsman OR If you are not satisfied with our consideration of your complaint you may be able to ask the Legal Ombudsman to consider...

Dive into our 17 Precedents related to Complainant

Unisex is best to avoid toilet trouble after sex ruling

Law360: The best approach for employers after the Supreme Court's seismic ruling on the legal definition of a woman is to make all enclosed single-user washrooms unisex and consult staff for their thoughts on making further facilities gender-neutral, lawyers and experts say.

EAT examines benchmark for costs orders in discrimination claims (Madu v Loughborough College)

Employment analysis: Special consideration should be given to the unique circumstances and difficulties involved in bringing discrimination claim when determining whether to award costs under the Employment Tribunal Procedure Rules 2024 (ET Rules 2024), particularly where the claimant is a litigant in person (LiP) or was at the time the claim was brought, according to the EAT in Madu and Loughborough College.

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