Going to court FAQs

You will receive a citation with a date and Procurator Fiscal number printed on it. There is also a phone number on the citation, which you can use to contact the Procurator Fiscal’s office.

Judges preside over High Courts, Sheriffs preside over Sheriff Courts and Justices of the Peace (JPs) hear cases of less serious offences.

In the High Court, one of the roles of the Macer is to bring the witnesses in and out of court as well as to pass them any productions the Advocate Depute may ask them to look at.

In Sheriff Court and Justice of the Peace Court, Court Officers prepare the courtroom before a case, escort the Sheriff or Justice to and from the court, and help them with their requirements.

In the Sheriff Court, the Procurator Fiscal decides whether there is enough evidence for prosecution and whether a case should go to court. The Procurator Fiscal office coordinates witnesses for the prosecution. There is no Procurator Fiscal at the High Court – only an Advocate Depute.

Advocate Deputes prosecute cases in the High Court under the direction of Her Majesty's Advocate (called the Lord Advocate in civil matters) and provide advice to Procurators Fiscal.

The ‘defence agent’ is the accused’s lawyer and coordinates witnesses for the defence.

Victim Support Scotland offers free, independent and confidential support for victims, witnesses and their families. If you are going to court, we can support you. We can arrange a court familiarisation visit for anyone who has been called as a witness to an empty court in advance of the trial date. This can help reduce stress and anxiety on the day of the trial. On the day of the trial, we can support anyone that has special measures in place and is a prosecution witness.

As a witness you play an essential part in a trial by attending court and letting the court know what you saw or heard. This is done by answering any questions put to you by a Procurator Fiscal Depute prosecuting on behalf of the Crown Office and a Defence Agent representing the accused person. If necessary, the Sheriff or Judge may ask questions.

Yes. As stated on the citation, if you fail to appear, a warrant may be granted for your arrest. If you know beforehand that you cannot appear on the trial date i.e. due to a booked holiday or important medical appointment, please let the Procurator Fiscal’s office know as soon as possible. They will decide if you can be excused from giving evidence.

Both the Procurator Fiscal and defence lawyer may ask for a ‘precognition statement’ prior to the trial. You are required to give such a statement but at your own convenience (in some cases it can be taken over the phone). If you refuse to give such a statement, the Procurator Fiscal or defence agent are entitled to request you give such a statement under oath in the court before the trial.

There is no way of knowing how long you will have to wait. You may be at court a long time, even all day. You may want to bring a book, magazine or electronic device (tablet, Kindle, etc), to help pass the time. Please check with the court you are due to attend whether refreshments are available – you may wish to bring some of your own. You may have to return on another day if the trial is adjourned part-heard. If the case is being heard at a Sheriff and Jury trial or the High Court, you may be required to attend over several days.

There is no way of knowing how long you will be at court or when you will be called to give your evidence, so it is always a good idea to leave the whole day free. Your employer is required by law to give you time off to attend court as a Crown Witness.

Courts do not have childcare facilities, so unless the child is a witness, please try to arrange childcare cover. You may be able to claim back a limited amount of childcare expenses through the Procurator Fiscal’s office but contact them in advance of your court attendance.

Children who are 14 years of age and over and not a witness are allowed to sit in the public gallery of the court, but children under 14 years of age and not a witness must get express permission from the court to sit in on any proceedings and should be accompanied/supervised at all times.

You should wear clothes that are comfortable. Most witnesses dress smart-casual. Do not turn up wearing football colours or clothing that may be deemed offensive to other court users. No hats are allowed to be worn in court.

Court dress is determined by tradition and has evolved over the centuries.

In the High Court judges wear a red and white robe. In the Court of Session judges wear a crimson robe with darker red crosses on it. In the Sheriff Court a black gown is worn by sheriffs.

Wigs are normally worn throughout the process.

Robes and wigs are not usually worn in Justice of the Peace and Stipendiary Magistrate courts. It may also be agreed to dispense with court dress in proceedings involving children.

You need to inform the Procurator Fiscal in advance and you may have to supply a medical certificate and/or a letter from your doctor explaining that you are unwell. This is sometimes called a ‘soul and conscience’ letter.

You should send or email copies of any booking confirmation and details of the case you are involved into the Procurator Fiscal.

You will receive a citation with a date to attend court and the Crown Office & Procurator Fiscal Service’s number printed on it.

If you are going to be late for a court appearance, telephone the court. Depending on the circumstances, there could be a penalty. A person who misses a court appearance, whether as a witness or an accused may have a warrant issued for his or her arrest.

Please bring any medication to court with you if you need to take it during the day. If you have any medical issues which may affect you giving evidence, please let Victim Support Scotland or court officer know as soon as you arrive at court and the information will be passed to the appropriate people. Or, you can inform the Procurator Fiscal Service prior to attending court.

Please try to inform the Procurator Fiscal  before the trial date. Victim Support Scotland or a court officer will be able to assist on the day.

Yes, but only if there is enough space in the witness rooms. Please request the company of your friend/family member in the witness room from the reception when you are checking in.

Most courts have toilets adjacent to or within the witness waiting rooms. Please check with your local Court Service office if you require further details.

Yes, facilities can be made available to you. In Scotland, it is an offence to stop anyone breastfeeding in a public place or public building.

No, but fresh water is available in the witness box.

There is a general no smoking policy for all Scottish courts, however some courts will allow you to leave the waiting room for such purposes, but you must always ask for permission before doing so. Please check with your local Court Service office for further details.

Some courts operate a tea/coffee bar or cafeteria where you can purchase refreshments and snacks. This varies from court to court. You will be able to take tea and coffee into the waiting rooms but not into the courtroom.

This varies from court to court. Please check local arrangements before attending or contact the Court Service.

In most cases you will be able to go for lunch together but the witness who has given evidence will be warned by the court not to discuss the case. There may be occasions when, due to court issues, you should not lunch together. Be guided by the court information given to you at the time.

Intimidation of witnesses is a very serious offence, please inform police of any threats made. There are always police situated within the courts. Highlighting any intimidation issues prior to attending court can be done by contacting the Procurator Fiscal’s office or VSS Court Service, who will inform the police. Please remember, by prior arrangement, victims and witnesses may be able to enter/leave by a side/rear door and sit in a separate waiting area if appropriate and available.

The accused is not allowed in the waiting/witness rooms. If the accused does enter the rooms, please inform a member of staff situated within the court.

In normal circumstances, yes, but if there is a problem, we may be able to arrange the use of a room away from other witnesses, space permitting. Please speak to a Court Service officer if you are concerned.

No, the Procurator Fiscal acts for the prosecution (the Crown) in the public interest therefore you will not require a lawyer. Defence witnesses are cited by the accused’s lawyer and do not require a lawyer of their own.

Please ensure that your car is parked in an area for free or long-term parking. You may be in court longer than anticipated and you may not be able to leave to top up your parking charges. Please note parking charges are not included in expenses.

You can claim expenses for travelling to and from the court and an allowance for meals. You cannot claim for parking.

An expense claim form can be found on the back of the witness citation, which must be stamped by court staff and then handed in or posted to the Procurator Fiscal’s office for payment. This should be done as soon as possible but not necessarily on the day of the trial. Cash payments are only made in cases of genuine hardship or emergency. If you have lost your citation, go to the Procurator Fiscal’s office after giving evidence and you will be issued with a duplicate.

In some cases, the Procurator Fiscal (or defence agent) may issue travel vouchers in advance – please contact the appropriate office directly. If you are required to travel a long distance to get to the court, they may also be able to arrange travel tickets for you. Exceptional costs such as taxi fares, air travel and overnight accommodation must be approved by the Procurator Fiscal in advance.

You should write or email the Procurator Fiscal, quoting the reference number of the case you are involved in.

No. If you do not wish to swear to God, you may prefer to ‘affirm’, meaning you swear to tell the truth without any religious reference. In most circumstances, you will be asked whether you wish to take the oath or affirm – you can let the Court Officer know before you enter the court room.

If your address is the scene of the crime, it may need to be read out.  If not, in most cases your address should be given as ‘care of the Police Service of Scotland’. If you have any concerns, please let the Court Service or court officer know in advance.

In most cases you must stand to give your evidence. If you have a medical condition or some other valid reason that would make giving your evidence uncomfortable by standing, then you may be allowed to sit. Please advise the Court Service or a court officer on your arrival if you wish to request to be seated while giving your evidence.

The accused has the right to be in the court to hear all the evidence against them. As part of your evidence, you could be asked to look round the courtroom to identify them.

For a male Sheriff or Judge, it should be ‘My Lord’ or ‘Sir’ and for a female sheriff or judge it should be ‘My Lady’ or ‘Ma’am’. You may also use ‘Your Honour’ when addressing a Sheriff or Judge.

For both male and female Justices of the Peace it should be ‘Your Honour’.

The questions asked by the lawyers in court should help refresh your memory. Listen carefully, take your time to answer and say if you cannot remember, do not understand the question or do not know the answer. Speak slowly and clearly. Witnesses must tell the truth at all times.

No, you may remain in court to hear the rest of the trial, remain within the court building or leave the court entirely, but you cannot return to the witness waiting room. If you have an issue and wish to wait until the end of the trial, please contact the Court Service who may be able to arrange a suitable place.

No, the Judge/Sheriff will inform you when you are free to go. If you wish to know the result you can contact the local Sheriff Clerk’s/Procurator Fiscal’s office the following day.

Your statement is the information you gave the police at the time of the incident. Your statement is what you will be asked about in court. 

In a summary case, which is held without a jury, you can make an appointment at your local Procurator Fiscal’s Office to view your statement prior to the trial or request a copy be made available to you on the morning of your attendance at court. 

In a solemn case, which is held before a judge or sheriff and jury, you may request to read your statement, however the fiscal office will decide whether this is appropriate. 

Some courts have a ‘loop’ system which can be used, but please contact the appropriate court to find out what is available to you before you attend for trial or as soon as you arrive at court.

Interpreters can be arranged if English is not your first language. This will be arranged by the Procurator Fiscal if you are a prosecution witness. You should inform the Procurator Fiscal’s office prior to attending court if you require an interpreter.

If you feel you need the toilet, feel unwell or have any other issue while giving evidence, please inform the Judge/Sheriff or Justice of the Peace, who will be understanding of any genuine problem.

Misbehaviour in court is likely to result in a warning or reprimand from the Judge or Sheriff. A more serious breach of court protocol may amount to the offence of contempt of court, which can be punished by a fine or even imprisonment. Should you become emotional or overwhelmed, you may request to take a break from giving your evidence to allow yourself time to calm down.

In most cases you will be asked to speak the actual words. In extreme cases you may, with permission of the court, be allowed to write your answer, but this is very unlikely.

No, all evidence must be prepared by the Procurator Fiscal and agreed by all parties in advance of the trial. If you have photographs which you think may be helpful during a trial, please hand them to the Procurator Fiscal as far in advance of any trial as you can.

Normally bail conditions will still be valid but this should be confirmed by contacting the Procurator Fiscal or Sheriff Clerk’s office.

Property is returned by the police once the case is finished and the appeal period has passed, which is usually around six to eight weeks.

All courts are public buildings, and almost every court hearing will be open to anyone, on the principle that justice should be seen to be done. In a ‘closed court’, the public is excluded. There are limited circumstances in which this may occur. It may be in order to protect vulnerable witnesses (such as where a child or the complainer of a sexual offence is giving evidence) or to ensure confidential information does not become public.

Journalists are generally allowed to attend court, even if the courtroom is closed to others. However, publication of material may be restricted in certain cases and breach of such restrictions would be considered as contempt of court. Restrictions will only be imposed when it is absolutely necessary, for example, to ensure that a case or future proceedings are not prejudiced in any way by the publication of certain information. In cases of a sexual nature, e.g. rape, the media will not identify the victim/witness though occasionally that person may decide to waive their right to anonymity.

Photography, filming and audio recording are not permitted in court without prior approval, including the consent of the Judge and all parties to the case. Journalists may obtain permission if it is felt to be in the public interest.