Criminal Court Proceedings / Adults' Website

Words and Meanings

A | B | C | D | E | F | G | H | I | J | K | L | M
N | O | P | Q | R | S | T | U | V | W | X | Y | Z

In court, people use lots of words that you may not have heard before.

In this area of the website we have listed the words and what they mean.

If there is anything you are unsure about you should speak to the person who asked you to be a witness.

A

Accused
A person on trial who has been charged with breaking the law. The accused will be able to see and listen to everything in the courtroom.

Advocate depute
A prosecution lawyer who appears in the high court – see procurator fiscal.

Affirmation
A promise to tell the truth – see oath.

Allegation
Something that someone says has happened.

B

Bar officer (in the sheriff court)
A person who helps the judge and looks after people in court – they also call each witness into court. They may also be asked to show a witness different pieces of evidence, such as clothing, photographs or other items. Also known as court officer.

C

Charge
The crime that the accused person is on trial for.

Children's hearing
This is when the children's panel, family, child and other people meet to discuss the concerns about a child which have been agreed or proved at court.

Children's hearing court case
The legal action at court when witnesses give evidence in support of, or against, the children's reporter's case which has to be proved or agreed before any children's hearing can take place.

The children's reporter in a children's hearing court case usually relies on background reports and statements to prepare the case, but sometimes they may want to meet with you either for precognition or for general preparation.

There may be other lawyers who wish to speak to you, either on behalf of the person involved in the case or for another person involved in the case. This is a normal part of the preparation of a court case.

You can decide when you meet with the lawyers. If you have any questions about these meetings, you should discuss this with the person who has asked you to be a witness.

In some cases, sometimes a person involved in the case may not have a lawyer and may wish to interview witnesses. If this happens, and you are not sure what to do or are concerned about this in any way, you should speak to the person who has asked you to be a witness.

Children's reporter
The person who presents the children's hearing court case and requests witnesses to attend. They ask questions in court and look after a child's interest but do not represent the child. You may have already spoken to the children's reporter if they asked you to be a witness. They will answer your questions and arrange the necessary support.

Citation
The official form or letter that tells a witness to go to a particular court on a certain date. This must not be ignored. It is important that you attend at the place and time indicated in the citation.

You should let the procurator fiscal, children's reporter or lawyer know immediately if there is some important reason why the date in the citation may be difficult for you, for example, if you are due to attend a hospital appointment on that date.

You should also contact them if you have any other questions or anxieties about the citation and the court appearance. If you are cited as a witness, you must attend court.

Clerk (of court)
The person who keeps the court papers and ensures evidence is recorded.

Committing a crime
The same as breaking the law.

Complaint
A statement accusing someone of breaking the law – it can also be a court document describing the crime the accused is on trial for.

Crime
Behaviour that breaks the criminal law. Breaking the law is the same as committing a crime.

Criminal Court Case
The legal action at court which decides matters involving crime. Also known as criminal proceedings.

Cross examination/examination
Being questioned by the other lawyer(s) after the person who has asked the witness to come to court – see examination (in chief).

Sometimes a question may be difficult to answer. You should remember that the court is experienced at hearing evidence from a range of witnesses and will understand that some questions may be more difficult than others.

You should take your time and keep telling the truth. It is extremely important that witnesses tell the truth at all times while giving evidence. Witnesses who deliberately do not tell the truth may face criminal charges.

If you are concerned about what will happen to you if you tell the truth about someone and feel nervous and anxious about giving your evidence, for any reason, please tell the person who cited you to be a witness.

Witnesses are normally expected to stand to give their evidence but you can ask to sit if you cannot stand for long periods because of age or health reasons. You can also make a request to the judge or sheriff to be seated at any time throughout the proceedings if you are becoming particularly uncomfortable.

When giving your evidence, you should try to speak clearly so that the judge or sheriff and lawyers can hear you properly and don’t have to ask you to repeat everything. In some cases, everything that happens in the court is recorded. This is another reason to speak clearly. It also means you can't just nod or shake your head.

Normally you will be asked to confirm your name, but you may not have to state your current address, unless it is an essential part of the evidence, for example, if it is where an alleged crime took place. If for any particular reason you are concerned about the possibility of your address being read in court, talk to the person who cited you as a witness.

If you do not understand a question, it's okay to say you don’t understand. Don't just guess. Ask the person to explain the question or say it differently so you can understand it properly. Likewise, if someone in the court has not understood your answer, you should let them know.

If you cannot answer a question because you cannot remember something, please say so. In all courts, the judge or sheriff has a duty to protect the interests of victims and witnesses.

You are encouraged to refer to the judge or sheriff if you have any concerns about the tone or manner of questioning or about your own comfort. You may wish to discuss how this can be done with the person who cited you as a witness.

Remember what you tell the court must be your own evidence. The court needs to hear from you in your own words. Nobody should tell you what to say. You must tell the truth at all times when giving your evidence.

Crown Office
The place in charge of bringing cases to court – see prosecution.

Court case
An individual trial or action in court.

Court officer
A person who helps the judge and looks after people in court – they also call each witness into court. They may also be asked to show a witness different pieces of evidence, such as clothing, photographs or other items.

Court familiarisation visit
A visit to the court before the trial to allow a witness to see what a court looks like and learn more about court procedures.

Court police/security officers
They will be there to make sure that everyone in the court is well behaved and safe.

D

Defence lawyer/defence counsel
A lawyer who represents the accused and helps the accused in court. They will test the evidence presented by the prosecution and put the accused’s position to the court. They must look after the accused's interests at all times.

If there is more than one accused person, there will be more than one lawyer in court and they may each ask a witness questions about their evidence. Sometimes, the defence lawyer may be the person who asked you to be a witness.

E

Evidence
What a witness says in court – it can also be things like photographs, clothes or drawings that are brought to court to show what happened. See productions.

Examination (in-chief)/cross examination
Being questioned by the other lawyer(s) after the person who has asked the witness to come to court.

When giving your evidence, you should try to speak clearly so that the judge or sheriff and lawyers can hear you properly and don't have to ask you to repeat everything. In some cases, everything that happens in the court is recorded on a tape. This is another reason to speak clearly. It also means you can't just nod or shake your head.

If you cannot answer a question because you cannot remember something, please say so. In all courts, the judge or sheriff has a duty to protect the interests of victims and witnesses.

G

Grounds of referral
These are the legal reasons (grounds of referral) for the children's hearing. This can include the commission of an offence by or against a child. Where these are not accepted or the child is too young to understand them the case may be referred to the Sheriff to decide whether the grounds for the referral are correct.

If the grounds of referral are accepted/agreed or have been proved to be correct at court, the case will then be dealt with by a children's hearing

Guilty
This means that the evidence has been enough to prove 'beyond reasonable doubt' that the accused person committed the crime or part of the crime. The judge will then be asked to consider any sentence or punishment.

I

Identification
When a witness points out the person he or she has been talking about – this sometimes happens before the court case starts or it can happen in court.

Indictment
A court document in the high court or sheriff and jury court - it describes the crime that the accused is on trial for.

J

Judge
The person who is in charge of all court proceedings and is an expert in the law. They will ensure everything is done fairly within the law and that the court rules and legal procedures are followed. They also have a duty to protect the interests of all the people involved in the case, including the witnesses. Also see Sheriff.

Jury
Fifteen men and women (jurors) who listen to the evidence and decide if the accused is guilty or not. There isn't always a jury.

L

Law
The law is like a set of rules that people must not break. Breaking the law is the same as committing a crime.

Lawyer
A person qualified to give advice about the law. They might be the person who asked you to be a witness.

M

Macer (in the high court)
A person who helps the judge and looks after people in court – they also call each witness into court. They may also be asked to show a witness different pieces of evidence, such as clothing, photographs or other items. See court officer and bar officer.

N

Not proven/not guilty
Not proven or not guilty means there was not enough evidence to prove the case 'beyond reasonable doubt', or that there were other special reasons why the accused was not found guilty. Both these verdicts have the same effect and mean that the accused will be excused from the court and will be free to leave and cannot be tried again for the same offence.

O

Oath
The religious promise a witness makes that they will tell the truth when they give evidence in court – a witness can also promise or affirm to tell the truth.

P

Plea
The answer the accused gives to the court at the beginning of a trial when he or she is asked if he or she is guilty or not guilty

Police
People who make sure we don't break the law. If you have given a statement to the police, they may be able to help you find out what's happening and will also try to answer your questions. The police have a presence in all courts to ensure public safety and will take seriously any reported allegations of intimidation.

Precognition
An interview of a witness by the procurator fiscal or defence lawyer(s) to help them prepare before the court case. Also referred to as a 'citation' which asks you to attend a meeting at which a statement will be taken from you. The statement taken at this meeting is called the precognition. If requested, a witness must give a precognition statement.

Procurator fiscal
A lawyer who works for the prosecution – see Crown Office. They make the decisions about bringing a case to court. If there is to be a trial and if the procurator fiscal decides to cite you as a witness, they will send you a letter about the court case and a leaflet explaining what will happen. In some cases, you may already have spoken to the procurator fiscal when they asked you questions about your evidence. They can also help you and tell you about the court case and explain what will happen.

The procurator fiscal (or advocate depute) presents the prosecution case against the person charged with a crime. The prosecution has the 'burden of proof' which means that they need to present enough evidence to prove 'beyond reasonable doubt' that an accused person is guilty. They will ask witnesses questions in court so that the witnesses can give their evidence in their answers.

Proof
The legal action at court when witnesses come to give evidence. The term 'proof' only refers to children's hearing court proceedings or other civil cases. It does not relate to criminal proceedings. The appropriate term used in these cases is 'trial'.

Prosecution
Taking legal action against someone and bringing a case to court – see Procurator Fiscal and Crown Office.

Productions
Things which are shown in court as evidence like letters or clothes.

Public
Sometimes other people who are not involved in the case sit in court just to watch and listen to the witnesses and the lawyers. You can tell the judge or lawyer if you don't want other people to be there.

R

Remote site
A place from which a person may give evidence by CCTV/video link to a court.

S

Safeguarder
An independent person appointed to look after a child's interests.

Sentence
The judge's decision when the accused is found guilty of breaking the law – this might be a punishment given to the accused.

Sheriff
The name for a judge in the sheriff court. The sheriff is in charge of all court proceedings and is an expert in the law. He or she will ensure everything is done fairly within the law and that the court rules and legal proceedings are followed. They also have a duty to protect the interests of all the people involved in the case including the witnesses.

Social worker
A person who works with children and adults when they may need extra help.

Special measures
Different ways to help a child witness or adult vulnerable witness give evidence – e.g. a TV link or a screen –also see support person.

Statement
A note or recording made by the police of what the witness has said.

Support person
A person who can stay with a vulnerable witness when they come to court – see special measures.

T

Trial
The legal action at court when witnesses come to give evidence. The term 'trial' only refers to criminal proceedings. It does not relate to children's hearing court proceedings or other civil cases. The appropriate term used in these cases is 'proof'.

V

Verdict
The decision reached at the end of a trial.

VIA
Stands for Victim Information and Advice – VIA staff work with the procurator fiscal – they provide victims and some witnesses with information about the court case. Only the procurator fiscal can refer someone to VIA. Perhaps it was someone from VIA who told you about this website. They will also have sent you some leaflets about the court and will try to answer your questions about what’s happening.

Victim Support Scotland (VSS)
Has volunteers who can help victims of crime and also some witnesses, even if there is no court case.

W

Witness
A person who has information about something and may have to tell the court about it - see 'evidence'.

Witness Service
People at the court who provide support and advice to witnesses and their families in criminal cases. Every sheriff court and high court has a Witness Service. You may have spoken to them on the phone or met them if you have visited the court.