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Claiming damages from the offender - Scotland

In the field of civil justice, pending procedures and proceedings initiated before the end of the transition period will continue under EU law. The e-Justice Portal, on the basis of a mutual agreement with the UK, will maintain the relevant information related to the United Kingdom until the end of 2022.

How can I claim damages or other means of redress/satisfaction from an offender in a trial (criminal proceedings), and who should I address this claim to?

If the accused pleads guilty, or is found guilty, the court may order the accused to pay you compensation.  The court will contact you if a compensation order is made. If you do not want compensation please inform the Crown Office and Procurator Fiscal Service as soon as possible.

At which point in the criminal proceedings should I present a claim?


What can I ask for in the claim and how should I present it (indicate a total amount and/or specify the individual losses, lost profits and interests)?


Is there a specific form for such claims?


What evidence do I need to present to support my claim?


Are there courts fees or other costs linked to my claim?


Can I get legal aid before and/or during the proceedings? Can I get it if I'm not living in the country where the proceedings take place?


When would the criminal court dismiss or refuse to adjudicate on my claim against the offender?


Can I appeal against such a decision or seek other means of redress/satisfaction?


If I am awarded damages by the court, how do I ensure the judgement is enforced against the offender and what help can I get to ensure this?


The national language version of this page is maintained by the respective Member State. The translations have been done by the European Commission service. Possible changes introduced in the original by the competent national authority may not be yet reflected in the translations. The European Commission accepts no responsibility or liability whatsoever with regard to any information or data contained or referred to in this document. Please refer to the legal notice to see copyright rules for the Member State responsible for this page.

Last update: 04/05/2020