Witness Service
Attending court to give evidence can be a traumatic and worrying experience, particularly for the victim of a crime. The questions below are an example of those frequently asked by witnesses attending court. The majority of answers apply to both prosecution (crown) witnesses and defence witnesses.
If you have a specific question that is not answered below, please contact your local Witness Service office using our Online Directory of Services.
1. Do I have to turn up at court if I get a citation?
Yes. As stated on the citation, if you fail to appear, a warrant may be taken out 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 (or defence agent if you are a defence witness) know as soon as possible. They will decide if you can be excused from giving evidence.
2. Precognition - do I have to give a statement?
Yes, 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 i.e. in the court prior to trial.
3. How long will I be at court?
There is no way of knowing how long you will have to wait. You may be at court a long time, even all day. With this in mind, you may want to bring reading material etc, to help pass the time.
4. Do I need to take a full day off work?
There is no way of knowing how long you will be needed or when you will be called to give your evidence, so it is always a good idea to leave the whole day free.
5. What if I am on medication, etc?
Please bring any medication to court with you, if you need to take it during the day. The Witness Service can arrange a private place for you if necessary. If you have any medical issues, which may affect you giving evidence, please let the Witness Service know and we will pass this information to the appropriate people.
6. What if I have additional or other requirements?
Please try to inform the Procurator Fiscal prior to the trial date. The Witness Service and court officer (the member of court staff who takes you into the court) will assist on the day.
7. What about parking?
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. If possible come to court by public transport as expenses are only paid for mileage, not parking.
8. Can a family member/friend sit with me in the waiting room?
Yes, as long as there is sufficient space in the witness rooms. Please inform the court officer that you are being accompanied when checking in.
9. Can I go to the toilet?
Most courts have toilets adjacent to the witness waiting rooms. Please check with your local Witness Service office for further details.
10. Can I go for a cigarette/coffee?
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 from the court officer before doing so. Please check with your local Witness Service office for further details.
11. What if I am intimidated/threatened by anyone involved in the case, prior to or after giving evidence at court?
Intimidation of witnesses is a very serious offence, please inform police of any threats made. You can also contact your local Witness Service who can make suitable arrangements on the day of appearing at court e.g. alternative exits and waiting rooms.
12. If there is a threat of intimidation on the day, what can be done?
Inform the police, court officer or Witness Service as soon as possible.
13. Do I have to sit with other witnesses?
If there is a problem we can arrange the use of a quiet secure room away from other witnesses, space permitting.
14. As a prosecution witness, will I need a lawyer?
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 also do not require a lawyer of their own.
15. Do I have to take the oath?
No. If you do not wish to swear to God, you may take the option to AFFIRM i.e. "swear to tell the truth the whole truth and nothing but the truth". Requests to affirm can be passed onto the court by the Witness Service or let the court officer know as far in advance as possible.
16. Does my address need to be read out in court?
No, unless the address is the scene of the crime, when it may need to be read out. If requested, your address can be read out care of your regional police force. Please let the Witness Service or court officer know in advance so that this can be arranged.
17. Will the accused be in the courtroom?
They may or may not be. As part of your evidence you could be asked to look round the courtroom to identify him/her/them. The accused has the right to be in the court to hear all the evidence against him/her.
18. How do I address the Sheriff/Judge?
My lord or Sir, and My lady or Ma'am if it is a lady Sheriff/Judge.
19. If, when being questioned, I don't know something or can't remember, what do I say?
Just that. I don't know or I can't remember.
20. Can I go back into the witness waiting room after I have finished giving evidence?
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.
21. Do I have to wait for the verdict/outcome?
No, the 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 or the local Witness Service office.
22. If the trial goes on into the afternoon, will I get lunch expenses?
Yes. Keep receipts and attach them to your citation/expenses claim form before handing in (or sending in) to the Procurator Fiscal's office. You will be reimbursed from there, however there is a maximum amount. If you are a defence witness you can claim from the defence lawyer who cited you.
23. Can I stay in the court building over lunchtime?
Some courts stay open over lunchtime and have catering facilities, however please check with your local Witness Service office to find out details for a specific court.
24. How do I claim expenses?
An expenses claim form can be found on the back of the witness citation. This can be handed in or posted to the Procurator Fiscal's office for payment. Witness Service staff/volunteers will be able to help you with basic expense queries.
25. Do I have to claim expenses on the day of the trial?
No, you can post the form to the Procurator Fiscal if unable to claim on the day.
26. What if I can't afford expenses up front?
In some cases the Procurator Fiscal (or defence agent) may issue travel vouchers in advance - please contact their office direct. If you have to travel a large distance to get to the court the Procurator Fiscal may also be able to arrange travel tickets for you.
27. Can I bring my children with me?
Courts do not have childcare facilities, so unless the child is a witness please arrange alternative childcare cover. You can claim back a limited amount of childcare expenses.
28. Are children allowed in the court?
29. Are there facilities in the court for the hard of hearing?
Please contact your local Witness Service to find out what is available at the court you will be attending.
30. When a video of the crime is available, will it be shown to an open court?
It may be. This is a matter decided between the Procurator Fiscal and defence lawyer.