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Going to court
This section tells you about going to court, your role, the support you can get and what to expect.
If the accused pleads guilty then you will not have to give evidence in court. They might not plead guilty until the last minute.
What is expected of you
Your job is to tell the court what you remember (give evidence).
The thought of giving evidence in court can make people feel anxious. There are things which can be done to make this easier for you and to help you give the best evidence you can. These are explained below. There are also people who can help you such as VIA and the Witness Service ( see here). They will give you information about being a witness. You can also find out about going to court and being a witness at www.witnessesinscotland.com and from the booklet the fiscal's office gives you when you are called to be a witness (see also www.crownoffice.gov.uk).
The crime is prosecuted by the Crown against the accused. You are a witness for the Crown. The Crown is not acting for you but for the 'public interest'. You do not need your own lawyer as you have done nothing wrong.
It is against the law for the prosecution to coach witnesses. That means that they cannot advise you what you should say in court, how you should behave or what you should wear.
Unless circumstances prevent this, the Advocate Depute (High Court) or the Procurator Fiscal (Sheriff Court) will introduce themselves to you on the day of the trial. This is so you know who will be asking you questions in the courtroom. But they cannot discuss the case with you.
Support attending court
Before you are to give evidence, you can have a court familiarisation visit. VIA will refer you to the Witness Service for this unless you ask them not to. Many people find these visits very helpful. They let you see what a court looks like, who will be in court and who may ask you questions. You can have someone with you during a court familiarisation visit.
You can also apply to have a supporter with you while you are at court giving evidence. As long as they are not a witness in the case, they can sit in the court with you when you are giving evidence (but cannot talk to you). Think about who you want this person to be. While it may be very reassuring to have a close family member with you, you may not want them to hear very intimate details about you in court. You might prefer somebody from the Witness Service or an agency such as Rape Crisis. They are experienced in working with people who have been raped or sexually assaulted and they also know how the court system works.
Expenses are payable for court familiarisation visits, for attending court and to supporters. These can help with the costs of travel, loss of earnings, child or other care costs and meals/snacks while you are in court. The fiscal will send you details about these allowances and how to claim them.
Your safety
It is a criminal offence for anyone to try to frighten a witness, jury member or anyone helping the police with an investigation. If you are in any way frightened by the accused or other witnesses before or during the trial, tell the police, VIA or the Witness Service.
You can ask VIA or the Witness Service to arrange for you to be met at the court and to enter and leave the court from a different door to the accused or witnesses for the accused. You will be able to sit in a separate waiting area, and someone from the Witness Service can sit with you.
Feeling more comfortable about giving evidence
You may be anxious about giving evidence and the fiscal is aware that this could affect your ability to do so. There are various ways to help you to give the best evidence you can.
The nature and circumstances of rape and other serious sexual offences mean that the fiscal can apply for you to be allowed to use special measures to help you give your evidence. If you are 16 or 17 you can apply for special measures and will be treated as a vulnerable adult.
Examples of special measures are giving evidence by live television link, sitting behind a screen in the courtroom so you do not have to see the accused and/or having a supporter with you in court. It may be possible for you to give your evidence through a prior statement. This means that you do not have to explain in court what happened, though you may be questioned in court about your statement. Another option is to give your evidence to a commissioner before the trial.
VIA will discuss these options with you and the fiscal will apply to the court for measures to be put in place. It is up to the judge to decide whether or not to approve special measures and if so, which ones.
The judge can agree to clear the court of everyone except essential court staff and the jury when you give evidence. If you want this to be considered, speak to VIA or the fiscal before the trial so that they can ask the judge.
The press are allowed to stay but they will ensure that details of victims are not included in reports of rape and sexual offences.
Usually witnesses stand to give evidence. But you can arrange to give evidence while sitting if it is difficult for you to stand for long periods. You should discuss this beforehand with VIA or the Witness Service.
People often worry about what will happen if they cry when giving evidence or if they need to go to the toilet. If you need a glass of water, a seat or a break, ask the judge. Questioning can take some time and can be very tiring.
You have a right to an interpreter if your first language is not English. This will be arranged before the trial takes place.
If you have a disability, you may need certain arrangements to be made to get into court and give evidence. These will be arranged before the trial takes place.
Length of time in court
It is not possible to say how long you will have to wait until you are called into the courtroom or how long you will be in court giving evidence.
It may be possible to call you to court around the time you will be needed to give evidence, rather than having you waiting at court all day. If you would like to do this, speak to VIA or the fiscal. You will need to let them have your phone/mobile number so they can contact you in time for you to get to court.
The accused in court
If you are granted special measures such as a screen or CCTV, you will not be able to see the accused. They will be able to see you but this will be through a monitor.
What happens when you give evidence
Witnesses cannot go into the courtroom before they give evidence. You will wait to be called in a waiting room. Your supporter can stay with you.
You will be taken into the courtroom to the witness box.
The judge will ask you to promise to tell the truth. You can give this promise in a way that fits with your religion, language or culture.
The prosecution (fiscal or Advocate Depute) will ask you questions. You may hear this referred to as 'examination in chief'. First, they will ask you your name, age and occupation. You will then be asked to tell the court about the assault. Your address will only be mentioned in court if it was the address where the offence took place. But it may become evident if, for example, the incident was viewed from the address or an item was recovered from it.
The defence will then ask you questions (called cross examination). They have a duty to defend the accused and you may find some of the questions upsetting. They may accuse you of lying or try to undermine you. It is difficult, but try not to take it personally. It is part of their job. It is up to the judge and the jury to decide what they think of your evidence. You cannot refuse to answer questions but the judge can allow or disallow questions. The judge should prevent any abusive, aggressive or inappropriate questions and the prosecution has a duty to object to them. If you are asked a question which is objected to, you may be asked to leave the courtroom while there is a legal argument about whether you need to answer the question.
You should not be asked about your past sexual behaviour unless it is relevant to the court case and the court has agreed to it being raised ( see here). If a defence application was successful, an accused's previous convictions for sexual offences can be disclosed to the court.
The prosecution may ask you further questions (re-examination) in case they need to clarify anything which has come up from the defence cross examination.
The judge may ask you questions at any time.
The accused cannot ask questions.
You should answer the questions truthfully and as best you can. This is so that the court can see that you are reliable and credible. If you do not understand a question you can ask for it to be explained.
When you give evidence in court:
- Tell the truth
- Speak clearly and take your time
- Answer only the questions you have been asked
- Say if you do not understand a question
- Do not interrupt or jump in
- Tell the judge if you feel ill or upset or need a break
After giving evidence
After you have given your evidence, the judge will ask you to remain in court or tell you that you can leave. If you want, you can sit on the public benches and watch the rest of the trial. Be aware that what you see and hear during the rest of the trial may make you feel very upset or angry. You cannot say anything or shout out.
How the case is decided
A jury (normally 15 members of the public) listens to all the evidence and to the information the judge gives about the law. They then decide on the result (verdict). The decision can be unanimous (all the jury members agree) or by majority (at least 8 of the jury agree). The jury can decide that the accused is 'guilty' or 'not guilty' or that the case is 'not proven'.
If the accused is found 'guilty' they are sentenced by the judge. This may happen there and then or may be delayed so that background reports on the accused can be prepared. The court may remand the accused in custody or grant bail until they are sentenced.
If the accused is found 'not guilty' or the case is 'not proven' they are free to leave the court. They cannot be tried on the same charge again. It is not possible to appeal this verdict unless the judge has made an error in law when speaking to the jury.
If the verdict is 'not guilty' or 'not proven' it does not necessarily mean that the jury did not believe you. It may be that the jury did not feel able to find the accused guilty 'beyond reasonable doubt'.
It is not possible to find out the reasons for a jury's decision.
Whatever the verdict, you are likely to have very strong feelings and it may be helpful for you to speak to your supporter or one of the agencies listed in section 4.
Finding out the result of the case
If you are not in court to hear the verdict, VIA will contact you to let you know what it is or you can contact VIA or the fiscal's office.
Newspapers and television
Some cases of rape or sexual assault are reported by the newspapers and TV. There is little that can be done about this unless the victim or the accused is under 16. But there is an agreement that the press will not give out the names of victims.
If you are not happy about press reports, you can complain to the Press Complaints Commission. You can details from their helpline on 0131 220 6652 or at www.pcc.org.uk
You have the right to speak to the press after any trial if you want. But, remember you have no control over what is printed. If you want to speak to the press, it is best to speak to an advisor (for example from a support agency such as Rape Crisis or Victim Support) before you do this.
Scottish Court Service
The Scottish Court Service is responsible for running the courts. It works closely with VIA and the Witness Service. It produces several useful booklets:
Standard of Service for Victims
Guide to Attending a Criminal Court
Sources of Help and Advice for Victims
Court Users' Charter
These are available in court buildings and online at www.scotcourts.gov.uk
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