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Being a Witness: Going to Court

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Courts and court proceedings

There are courts all over Scotland and they deal with different sorts of cases.

Criminal court proceedings:

  • Solemn proceedings
    These are the most serious criminal cases where there is a jury to decide the verdict. These cases can take place in the High Court or the sheriff court.
  • Summary proceedings
    These are criminal cases where there is no jury. It is the sheriff or magistrate who makes the decision. These cases can take place in the sheriff court or the district court.

In all criminal cases, the judge, or jury if there is one, will hear all the evidence and will reach a verdict about whether an accused person is guilty or not. If an accused is found guilty, the judge, sheriff or magistrate will make a decision about any sentence or punishment.

You can read more about these court procedures in the leaflets from VIA (see www.crownoffice.gov.uk ) or by asking for further information from the person who has cited you as a witness.

Children's hearing court proceedings

These are much less formal court proceedings. A children's hearing court case will take place in the sheriff court, but are sometimes held in a smaller room within the court building. There are no members of the public present, unless the sheriff allows it. There is no jury and it is always the sheriff who makes the decision.

In children's hearing court cases, the sheriff will hear all the evidence and will decide if something has happened or if the concerns about a child have been proved.

If the sheriff agrees with the children's reporter's case, it will be sent back to the children's hearing to decide what help is needed for the child. The sheriff does not decide what should happen; the children's hearing will decide this.

Because these cases involve children, unless you are a victim of an alleged offence by a child, you may not hear what the final outcome is.

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Page updated: Wednesday, April 26, 2006