Central Scotland Police

Witness at Court

I have been asked to give evidence at court and am worried about what to expect. What will I have to do?

Most criminal trials take place in a Sheriff or District Court and if the accused pleads guilty you will not be required to attend or give evidence.

More serious cases are usually heard in front of a jury if the accused denies the offence. The most serious cases are heard in the High Court.

If you are asked to appear at court as a witness we appreciate you might find it a worrying experience and we will give you every support possible. You will receive a Legal Document (called a Witness Citation) from the Procurator Fiscal (the prosecutor) which explains where and when the trial will be held together with a leaflet which details what will happen.

Being a witness can be a confusing and uncertain experience so you might find it useful to get in touch with your local Witness Service, a part of the Victim Support organisation. The Witness Service operates at every Sheriff Court and they can provide all the information about where the courtroom is, where to wait, and so on. You can also arrange a pre-trial visit to the courtroom - most people who do this find it very useful. The Witness Service is free, is provided on a voluntary basis and is available to both defence and prosecution witnesses.

What should I do when I arrive at Court?

You should report to a Court Official when you arrive. He or she will note your arrival on his list. You should show your citation and you will be directed to the correct waiting room for witnesses.

By attending the court promptly and going to the correct waiting room you will help the court to start on time. Frequently, trials are delayed and many witnesses inconvenienced by the late arrival of one witness, or by a witness sitting in the wrong room.

Take something with you to pass the time, as you may have to wait for a while before giving your evidence.

You must not go into the court before you have given your evidence. If it becomes clear that you can leave you will be told, and why.

How long will it take?

Unfortunately it is not possible to predict beforehand which trials will proceed and which witnesses will be required to give evidence. Accused persons are entitled to change their pleas at any time. They often do this during the trial, or just before it is due to start.

If an accused person decides to plead guilty it is not then necessary for witnesses to give evidence. In addition some trials cannot proceed because the accused or perhaps another witness is ill or missing.

In any of these situations you will be told that you may leave, but you may also be told that you will have to return on a later date. Until it is clear that a trial is not going to proceed you must stay in the court building.

You must be prepared to stay all day if necessary. Wait in the witness room until you have been called to give evidence or told that you can go.

What will happen when it is my turn to give evidence?

When it is your turn to give evidence a court official will call your name and show you into a witness box in court. Once there you will be asked to face the judge, raise your right hand and repeat the words of the oath.

If alternatively you would prefer to promise solemnly to tell the truth, say to the judge or to the court official that you wish to ‘affirm’.

In some courts you will be allowed to sit while you are giving your evidence. Otherwise, you should stand unless this would be difficult for you, in which case ask the judge if you can sit down.

If, while you are giving your evidence, you feel uncomfortable or unwell, you should also tell the judge.

The first person to ask you questions will be the prosecutor. In Sheriff and District Courts this will be the Procurator Fiscal. In the High Court this will be the Advocate Depute.

You will be asked your name, address, age and occupation. If for good reason you prefer not to give your address, ask the judge if you can write it down on a piece of paper. Then you will be asked questions about the case, after which the Defence Lawyer may ask you questions.

It will help the Court and your confidence if you listen carefully to what you are asked. Take your time in answering, and say if you do not understand or cannot answer. It is your duty to answer all the questions as truthfully and accurately as you can. Speak slowly and clearly.

In some cases where there is no Defence Lawyer, you may be asked questions by the accused. In cases with more than one accused, a number of different lawyers may ask you questions for the defence. Sometimes the judge will ask questions too.

You will be told when you can leave the witness box but you must remain in court unless you are free to go. If you want to go away after giving your evidence ask the judge. You can stay and listen to the rest of the case if you wish.

Can anyone accompany me in Court?

If you are a victim of crime, you may wish to contact you local Victim Support Scheme. A VSS volunteer may be able to accompany you to court. You can obtain more information about the Victim Support Scheme from a Citizens Advice Bureau or any Central Scotland Police Station.

I have difficulty understanding English. Can I get help?

If you have difficulty speaking or understanding English and think you will need an interpreter, let the Procurator Fiscal’s office know about this. They will make arrangements for an interpreter to help you in Court.

Will I be able to claim travelling expenses or loss of earnings?

You can claim expenses for travelling to court and there is an allowance for meals and other expenses related to your appearance in court, such as lost wages. Use the form on the back of your Witness Citation to fill in your claim and take or send this to the Procurator Fiscal’s Office dealing with the case. They will make arrangements for any valid expenses to be paid out.

Anything else?

In the High Court and the Sheriff Court you should call the judge ‘My Lord’ or ‘My Lady’, as appropriate, and in the District Court the judge is called ‘Your Honour’.