Victim Service
If you have a specific question that is not answered below, please contact your local Victim Service office which you can find on our Online Directory of Services.
1. What exactly does Victim Support offer victims of crime? Victim Support offers practical and emotional support; help with Criminal Injuries Compensation claims, information about the Criminal Justice System and other agencies that may be able to help. This service can be provided by telephone, home visits, and office based appointments or appointments in community based settings i.e. libraries, community centres, cafes or other suitable venues.
2. Does Victim Support work for the police? No. Victim Support Scotland is a completely independent organisation. If you report the crime to the police they may pass your details to Victim Support, unless you specifically tell them that you do not wish them to do so.
3. Are you a counselling service? No. Victim Support’s trained volunteers provide a listening ear and an opportunity to talk openly about your feelings.
4. I work all day. Can I see someone in the evening? Yes. Victim Support volunteers can arrange a time that is convenient for you.
5. Is the service you provide confidential? Yes. Victim Support provides a confidential service. We will not disclose any information about you without your consent, unless there are exceptional circumstances as outlined in our policy on confidentiality.
6. Why do the police not give me information about the Criminal Justice System? The police will help you with any queries that you may have about what happens when you have given your statement. They will then, with your consent, pass your details to Victim Support Scotland, whose trained volunteers will provide you with information about the Criminal Justice System.
7. How much does your service cost? Our services are free.
8. Can I drop the charges? No. Once the details of the crime have been passed to the Procurator Fiscal, it is then up to the Fiscal to decide whether it is in the public interest to proceed with the case or not.
9. Do I have to go to court? You will have to attend court if you receive a citation. Victim Support’s Witness Service will be able to provide you with information and support on attending court.
10. I haven’t reported the incident to the police. Can you still help me? Yes. Only about half of all crimes are reported. If you have not reported the crime, you can still receive the same service from Victim Support Scotland.
11. Do you need to know all the details of the incident? No. Our volunteers are trained to listen to how you have been affected by the crime, both emotionally and practically. It is not necessary for them to know all the details of the incident.
12. What happens when I go to court? Victim Support Scotland can provide you with information about attending court through our Witness Service, which is based in the courts. They will support you throughout the case.
13. What can you do about my noisy neighbours? We can offer you emotional support and refer you to the appropriate agency to deal with your complaint. Please contact your local office for further information, using our Online Directory of Services for contact details.
14. Are your volunteers paid? No. Our trained volunteers provide their time free. They do, however, have their travel expenses reimbursed.
15. I have been asked to speak to a defence agent. Is this OK? The defence agents are entitled to all the court papers which make up the case against their client. This includes your very first statement you gave to the Police. To ensure their client receives a fair trial, they are entitled to speak to any of the witnesses involved. If you refuse to give such a statement, the defence agent is entitled to request you give a statement under oath i.e. in court prior to trial.
16. Am I entitled to criminal injuries compensation? If you have been a victim of a violent crime, you may be eligible for criminal injuries compensation. The Criminal Injuries Compensation Authority assesses every application for criminal injuries compensation and they will decide if you are entitled to an award. Victim Support Scotland can offer assistance with the application process.
17. Can Victim Support help me with my housing problem? No. Victim Support Scotland has trained volunteers who will help you to access the relevant agencies that can help. Please contact your local office for further information, using our Online Directory of Services for contact details.
18. What is a precognition and do I have to do one? Yes. The Procurator Fiscal will invite you to a precognition hearing, which provides an opportunity to discuss the statement you first gave to the police. This allows the prosecution to build a case against the accused.
19. Will the police support me through the whole of the case? No. The police will take statements from all witnesses involved and pass them to the Procurator Fiscal. If you have agreed that the police can pass your details to Victim Support Scotland, we can provide you with practical advice, emotional support and information about the Criminal Justice System.
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. 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.
18. How do I address the Sheriff/Judge? My lord or Sir, and My lady or Ma'am if it is a lady Sheriff.
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? Only as a witness and then they must leave. Members of the public and over 14's are allowed to sit in the public gallery of the court but under 14's must get express permission from the court to sit in on proceedings.
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.