How can I be involved in the trial?
What are my rights as a witness?
I am a minor. Do I have additional rights?
How can I get protection, if I am in danger?
How can I claim damages from the offender or receive compensation from the State?
I am a foreigner. How are my rights and interests protected?
If you are to give evidence in court as a witness for the prosecution, you will be sent a letter from the Procurator Fiscal. The letter (called a citation) will tell you where and when you should go to court. More information about the procedure is available here.
If you are not to be a witness in the case you may not be informed of the trial. If you want to find out the date of the trial you could contact the Court or the Procurator Fiscal office, although they will need the name of the accused to find this information. You should also quote the reference number from any correspondence you may have received.
Any member of the public can sit in the public gallery at the back of the courtroom and listen to the evidence.
You have the right to be present throughout court proceedings unless:
You do not need to attend trial proceedings unless you are requested to be a witness and you are compelled to give evidence.
You will also be told if you will be needed to give evidence as a witness, which will generally only be if the defendant contests guilt. As a witness you have to attend the hearing and answer the questions you will be asked.
If you have made a witness statement during the investigation and you have been requested to give oral evidence at the trial, you will be allowed to see the statement before you testify.
In the beginning of your hearing you will be asked to take an oath or make an affirmation that you will tell the truth. During the hearing the prosecutor and the defendant’s lawyer will ask you questions. When there are no more questions the judge will release you. You can leave or, if you wish, you can remain in the courtroom and listen during the remainder of the hearing.
If you feel vulnerable or intimidated and you meet the relevant criteria, the prosecutor may apply to the court before the hearing, for special measures to assist you give evidence. These measures include a screen to shield you from the defendant when in court and giving evidence by CCTV from outside the courtroom. The court decides what measures you can use but must take your views into account when making the decision.
Usually you will be heard as a witness only once. However, if necessary, you may be requested to go to court again and answer additional questions.
You can claim certain expenses for travelling to court, and an allowance for meals and lost wages or other financial loss, such as childcare. The amount you can claim will depend on the length of time you have to be away from home or work to go to court.
All Sheriff and High Courts in Scotland have a Witness Service who can give you help and support if you are called as a witness to a crime. The Witness Service are specially trained volunteers and staff who are managed by Victim Support Scotland. The Witness Service exists to help people through the judicial process by providing practical and emotional support at court. You can contact the service at any time before, during or after attending court. Their helpline is 0845 60 39 213 or 0845 30 30 900. The Witness Service is based within the court building, so they will be there when you need help and assistance. The service is confidential and is free.
Further information is available at the Witnesses in Scotland website.
If you are a child under 16 years of age you can ask the prosecutor to apply to the court before the trial for one or more special measures to assist you give evidence in court.
The special measures available include:
You may be entitled to legal aid. If you want to apply for legal aid you should complete an application form for advice and assistance. Forms are available on the Scottish Legal Aid Board website.
If you and anyone else with whom you have a close relationship feel you are in danger or being harassed, you should let the police know. If someone is charged with the crime and you are worried about the accused being released, you should tell the police officer you are dealing with, or the Procurator Fiscal, or your solicitor about any concerns as soon as possible.
Sometimes a court will award compensation to a victim of a crime for loss or injury resulting from the crime. The court will set an amount that takes account of the accused’s financial circumstances. The offender pays the money to the court, and the court then passes it on to the victim. If you are a victim of violent crime you may be eligible to apply for financial compensation from the State. Please consult the factsheet on compensation to victims of crime in Scotland (available in English and multiple other languages) of the European Judicial Network. For more information visit the Criminal Injuries Compensation Authority website or you can call free on 0800 358 3601. Victim Support Scotland can provide information on compensation and how to apply for it. You may also be able to get information about compensation from other places, including your solicitor, or Citizens Advice Scotland.
Some services are available which offer support to those affected by and those responsible for harm. These are based on restorative justice principles. The aim is to address behaviour in a way that empowers the people harmed, those responsible and wider community members to resolve issues in a constructive way.
More information is available here.
If you are a foreigner you have all the rights listed above.
In addition, if you do not speak English the authorities will try to ensure that a translation or interpreter is provided where information is given to you if this is necessary, in particular when you are called to give evidence in court as a witness.
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.
How and where can I report a crime?
How can I follow up on what the authorities do after I report a crime?
How can I be involved in the investigation of the crime?
What are my rights as a witness?
I am a minor. Do I have additional rights?
How can I get protection, if I am in danger?
What services and assistance can I be given during the investigation of the crime?
How will my case continue after the end of the investigation?
Can I appeal if my case is closed without reaching the court?
I am a foreigner. How are my rights and interests protected?
If you are a victim of a crime in the Scotland you can report it to the police.
Depending on where the crime was committed you can report it by calling or going in person to the nearest police station. In urgent cases you can dial the emergency number 999 or 112.
If you are an asylum seeker or a refugee, you can also contact one of the Scottish Refugee Council, which will help you to find the nearest police station and can arrange an interpreter free of charge if you need one.
If you do not feel comfortable to report the crime yourself you can ask another person to report it for you or file an anonymous report to Crimestoppers by calling 0800 555 111 or filling in their online form.
Crimes are usually reported in English. If you do not speak English, the police will try to organise an interpreter, free of charge.
Tell the police all relevant details about the crime, the person you think committed the crime (if known), and relevant personal details (e.g. your name, address, and other contact details). The police will record this on a special form.
Sometimes there is a limited time period during which proceedings for an offence may be started against a person.
More detailed online information about how to report a crime to the police in Scotland is available here.
The police will give you a crime number, which is the reference number of your case. You may need to quote this number if you wish to check on the progress of your case. You can do this by going to the police station or calling by phone.
Depending on your needs you will be provided free of charge with an interpreter, medical examination, and other services. However, this does not include legal advice and/or representation as the victim is not a party to the proceedings. If you want to know how your case is progressing, you can contact the police (you will be told who to contact once you have reported the crime, and you will be given a crime number that you should quote to help the police find the information more easily). You will not be allowed to see any documents or data concerning the proceedings. Any further involvement in the investigation is at the request of the police (e.g. responding to additional questions or participation in an identity parade). You are not obliged to take any further part if you do not wish to do so (though you may be obliged to participate in any court proceedings that might follow).
During the investigation the police may ask you to give a witness statement. Usually you will be invited to tell what happened and the police officer will write an account of what you have said. Then you will be asked to verify if your statement was recorded correctly and sign it. Your witness statement may be used as evidence in court in certain circumstances such as if your evidence is not being challenged by the defence but you may be requested to give evidence at the trial in person.
Sometimes the Procurator Fiscal or someone on their behalf, known as a precognition officer or precognoscer, speaks to some or all of the witnesses individually about the case and the evidence they will give. This is called a precognition investigation interview, or precognition for short. It often takes place at the Fiscal’s office, and is a chance to make sure the Fiscal knows as much as possible about the case.
You might also be asked for a precognition by the defence solicitor.
More information about being a witness is available here.
If you are a child under 16 years of age, special measures may be available to assist you in giving evidence, if you are required to do so. More information about help that is available can be accessed here.
When you report a crime to the police you will be told whether or not the police will investigate the case.
For support and advice, as well as guidance about matters such as claiming compensation you will be referred (with your consent) to Victim Support Scotland.
Where applicable you may be referred to other specialist services (e.g. in relation to rape or sexual assault).
You may be entitled to legal aid. If you want to apply for Legal Aid you should complete an application form for advice and assistance. Forms are available on the Scottish Legal Aid Board website.
If you and anyone else, with whom you have a close relationship, feel you are in danger or being harassed, you should let the police know. If someone is charged with the crime and you are worried about the accused being released, you should tell the police officer you are dealing with, or the Procurator Fiscal, or your solicitor about any concerns as soon as possible.
If the allegation is a police matter, you will be referred, with your consent, to Victim Support Scotland, which will give further support and guidance as appropriate.
Where applicable you will also be referred to other specialist services (e.g. in relation to rape or sexual assault).
Services are free of charge.
Some services are available which offer support to those affected by and those responsible for harm. These are based on restorative justice principles. The aim is to address behaviour in a way that empowers the people harmed, those responsible and wider community members to resolve issues in a constructive way.
More information is available here.
Once the police have completed the investigation, the case will be passed to the Procurator Fiscal who will examine whether there is enough evidence against the defendant and whether it is in the public interest to prosecute. If the Procurator Fiscal decides that a prosecution should go ahead the accused will be indicted and the case will go to court. In some less serious cases the Procurator Fiscal may decide that prosecution in court is not appropriate but that it is still in the public interest to take action. In those cases there are a number of direct measures available.These measures include warnings, fiscal fines, compensation offers and referral to specialist support and treatment.
You cannot appeal to the police or the Procurator Fiscal against a decision not to prosecute. However, you can seek explanation from the Procurator Fiscal.
You can ask the High Court to review the decision. It is very difficult to succeed in this process (which is known as “judicial review”) because the High Court will not substitute its view of the preferable course of action for that of the decision-maker. It will only make a ruling against the decision-maker if it decides that the decision was completely unreasonable (as distinct from undesirable). Even if the victim succeeds, the court will not order that the prosecution go ahead. It will, instead, order the decision-making organisation to review its decision in the light of the court’s findings. If you are considering this course of action you will need legal representation. Legal aid is available in some circumstances, but only if stringent criteria are satisfied (particularly concerning financial circumstances).
In certain circumstances an individual may seek to prosecute another person for a criminal offence. This is called a private prosecution. To bring a private prosecution you must have the Lord Advocate’s consent. This process is very costly and you cannot claim legal aid. It is therefore very rare.
It may be possible to undertake a civil action. A civil action is based on a different level of proof (on the balance of probabilities). A decision in a criminal case is based on proof “beyond reasonable doubt”. You would not be making a criminal allegation, but making a claim for damages. This can be a very long and expensive process and there is no guarantee you would get legal aid. If you are considering civil action you should get advice from a solicitor.
If you are a foreigner you have all the rights listed above.
In addition, if you do not speak English the authorities will try to ensure that a translation or interpreter is provided where information is given to you if this is necessary.
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.
Can I appeal against a sentence or if the defendant is declared not guilty?
What rights do I have after the court sentence enters into force?
It is not possible for you to appeal against any decisions of the courts but the prosecution has a limited right of appeal against sentence, if it is “unduly lenient”. Because of this, such appeals are rare. The prosecution cannot appeal against a “not guilty” or a “not proven” verdict.
It is not possible for you to appeal against any decisions of the courts.
If the offender has been sentenced to 18 months or more in prison, you can choose whether or not to register with the Victim Notification Scheme. This Scheme gives certain victims the right to be told about the release of an offender from prison. It also gives some victims the right to make comments before the possible release on licence of an offender.
Your participation in the scheme is completely voluntary and you can opt out at any time if you change your mind. For more information about the Victim Notification Scheme please visit the Scottish Prison Service website.
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.
Scottish Government Criminal Justice Directorate
Scottish Domestic Abuse Helpline
National Association for People Abused in Childhood
PETAL (People Experiencing Trauma and Loss)
Support after murder and manslaughter
The Scottish Government Criminal Justice Directorate is responsible for the overall lead on policy on criminal justice and victim and witness care.
The Scottish Government Criminal Justice Directorate
CONTACTS:
Website: http://www.scotland.gov.uk/Topics/Justice/law/victims-witnesses/victims-of-crime
Victim Support Scotland is a national charity giving free and confidential help to victims of crime, witnesses, their family, friends and anyone else affected across by crime.
Victim Support Scotland
CONTACTS:
Website: http://www.victimsupportsco.org.uk/
For the contact details of the local offices of Victim Support Scotland click here.
Victim Information and Advice (VIA) provide a service to certain victims, witnesses and nearest relatives of specific crimes reported to the Procurator Fiscal.
Victim Information and Advice (VIA)
CONTACTS:
Website: http://www.copfs.gov.uk/involved-in-a-case/victims
The Rape Crisis Scotland provides support for anyone affected by rape or sexual violence. They can also put you in touch with your nearest local service.
Rape Crisis Scotland
CONTACTS:
Website: http://www.rapecrisisscotland.org.uk//
The Scottish Domestic Abuse Helpline (0800 0271234 - 24 hour line) provides confidential information and support to those affected by domestic abuse.
The Scottish Domestic Abuse Helpline
CONTACTS:
Website: http://www.domesticabuse.co.uk/
Scottish Women’s Aid Federation provides advice, support and safe accommodation for women (and their children) who have been abused mentally, physically and/or sexually by their partner/ex-partner.
Scottish Women’s Aid
CONTACTS:
Website: http://www.scottishwomensaid.org.uk/
The National Association for People Abused in Childhood is a registered charity, based in the UK, providing support and information for people abused in childhood.
The National Association for People Abused in Childhood
CONTACTS:
Website: http://www.napac.org.uk/
PETAL provides practical and emotional support, advocacy, group support and counselling for the families and friends of homicide murder and suicide victims in Scotland.
PETAL
CONTACTS:
Website: http://www.petalsupport.com/
Support after murder and manslaughter is a registered independent charity, which offers emotional support to those bereaved through homicide.
Support after murder and manslaughter
CONTACTS:
Website: http://www.samm.org.uk/
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.
You may also be able to access information relating to a crime by contacting relevant organisations (Police Scotland, the Crown Office and Procurator Fiscal Service, the Scottish Courts and Tribunals Service, Scottish Prison Service and Parole Scotland.) For more information, you can visit the crime, justice and the law section of the Scottish Government's website.
If you do decide to report a crime to the police, they will issue you with a victim care card. This will acknowledge your complaint and provide further information.
The Victim's Code for Scotland also outlines a number of rights which can be accessed, depending on which stage you are at in the criminal justice system.
Even if the offence was not committed in Scotland, you may still be entitled to protection when living in Scotland, using measures like:
The European Protection Order (EPO). The EPO allows an order made by a court anywhere in the EU (for example, prohibiting a particular individual from approaching you) to be recognised and enforced in Scotland. Or if the order was made in Scotland, it may be transferrable to the country in which you live.
Further information about the EPO can be obtained from the Scottish Courts and Tribunals Service website.
Under the Victims and Witnesses Act 2014, you can report a crime committed in another EU Member State to Police Scotland, who have the responsibility to ensure that the complaint is transmitted without undue delay to the appropriate authority of the Member State in which the offence or alleged offence was committed.
If you choose to report a crime, you will receive a victim care card. You also have the right to request case-specific information from the following authorities.
During the criminal justice process, you are entitled to understand and be understood during proceedings. If you have difficulty understanding or speaking English, you can request an interpreter to help you:
You may also request translation of a document if it is provided to you by law, or if is essential to your participation in the investigation or proceedings.
Information is available, on request, in a variety of formats, and an easy read version of the Victims' Code will be available soon.
Appropriate Adults help to facilitate communication between police and victims aged 16 and over who have communication difficulties as a result of a mental disorder, including a learning disability. This is primarily during police interviews, but can also include forensic examinations and identification procedures.
There are a number of victim support organisations depending on the nature of the crime.
The police will ask if you wish to be referred to victim support services and will only pass on your information to them if you have given your consent to do so.
When you report a crime, the police will take steps to support you and protect you from repeat victimisation, intimidation and retaliation. In terms of support these steps may include:
No, you have the right to use victim support services even if the crime has not been reported to the police.
When you report a crime the police will take steps to support you from repeat victimisation, intimidation or retaliation.
In terms of support these steps may include:
The court can, in certain circumstances, impose media reporting restrictions on the case you are involved in. The court may also impose special bail conditions for accused persons, when appropriate.
Further information on protection measures can be obtained from Police Scotland or the Crown Office and Prosecutor Fiscal Service.
See above.
See above.
See above.
See above.
Some individuals may be particularly vulnerable or at risk because of their circumstances or the nature of the evidence they may be asked to give to the court. There are different option available to help a vulnerable witness give their evidence in court, such as through live TV links or from behind a screen so that you cannot see the accused person. There are called "special measures".
Further information about special measures can be obtained from the Crown Office and Procurator Fiscal Service and the Scottish Courts and Tribunals Service. The relevant authorities should also ask you whether you would have any concerns about giving evidence, and can help you with options in giving evidence.
All children (aged under 18 years) are, by law, classed as vulnerable and, alongside alleged victims of domestic abuse, sexual crimes, human trafficking and stalking, are automatically entitled to the use of certain standard special measures. A witness who has a mental disorder, learning disability or is suffering fear and distress at the prospect of giving evidence might also be considered vulnerable. An assessment to establish vulnerability will be carried out by the Crown Office and Procurator Fiscal Service.
The Scottish Courts and Tribunal Service will also ensure victims have separate waiting areas from defence witnesses when waiting to give evidence in court.
Relatives of victims of crime can also access the victim support organisations including Victim Support Scotland.
Where a close family member has died because of the crime, you may have rights (such as the right to information about a case) as if you were the victim of crime. For example, if you have a relative who died, you have a right to access information from the police.
Further information can be found in the Victims' Code and also the Standards of Service produced jointly by Police Scotland, the Crown Office and Procurator Fiscal Service, Scottish Courts and Tribunals Service, Scottish Prison Service and Parole Board for Scotland. (see link below)
Relatives of victims of crime can also access the victim support organisations including Victim Support Scotland.
In some circumstances (e.g. if the victim is deceased) a family member may have rights (such as the right to information about a case) as if they were the victim of crime.
For example, if you have a relative who has died, you have a right to access information from the police. Further information can be accessed from the Victim's Code and also Standards of Service produced by the Scottish Courts and Tribunals Service.
Sacro is the Scottish Community Justice Organisation which works to create safer and more cohesive communities across Scotland. They provide mediation services. More details are available on their website.
To find the most up-to-date information on victims' rights, you can read the Victims' Code for Scotland which is available here.
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.
In an emergency call 999. To report a crime call 101.
If you're deaf, deafened, hard of hearing or have a speech-impairment, a text phone is available on 18000.
If you've registered with emergencySMS - and you have no other option - you can send a text message to 999.
In an emergency, call 999 if:
Call 101 to contact the police if the crime isn't an emergency.
If you're deaf, deafened, hard of hearing or have a speech-impairment, a text phone is a available on 18001 101.
Examples of crimes that don't need an emergency response include:
In an non-emergency, you can report a the following crimes on the Police Scotland website:
You can also fill out the Crimestoppers online form if you want to report a crime anonymously.
As a victim, you have the right to request case-specific information in relation to a crime. If this has not been provided to you, you can make a formal request from a number of different bodies:
Victims are not parties to criminal proceedings in Scotland. If a victim needs legal advice and assistance they can contact a lawyer. They may be entitled to help with the costs of that advice and assistance via the legal aid system.
Scottish Legal Aid Board is the body responsible for operating the legal aid system in Scotland.
If you've been 'cited' to appear at court as a witness, you may be entitled to claim some expenses.
Being 'citied' means you've been sent an official letter - called citation - telling you to come to court and give evidence as a witness.
Information on how to claim expenses and an expenses claim form can be found on the back of the citation.
Read over your citation carefully and take it with you when you go to court. Make sure you fill in the expenses form on the back of your citation to claim expenses from the person who cited you as a witness.
Cash payments are only made in cases of genuine hardship or emergency. Exceptional costs such as taxi fares, air travel and overnight accommodation must be approved by the procurator fiscal in advance.
Claims can be made for loss of earning for witnesses who are employed and self-employed. There are no childcare facilities at court buildings so prosecution witnesses can claim expenses for childcare and babysitting at fixed rates. If you need to organise care cover in your absence, you will be reimbursed at a fixed rate.
As a victim of crime in Scotland, you have the right to a review of a decision by the Crown Office and Procurator Fiscal Service not to prosecute a case reported to them, where that decision was made on or after 1 July 2015. You should, if possible, apply for a review within one month of the date you are informed of the decision not to prosecute. Generally, you would be told of the review decision within 20 working days. The Lord Advocate (the chief public prosecutor Scotland) has published rules on this process.
This depends on whether you are called as a witness at trial. If you're not called as a witness, you can ask the Scottish Courts and Tribunals Service:
The Scottish Courts and Tribunals Service website has further details of how to get information in relation to the case and for information on the calling of cases to court, including trials due to call in the near future. This includes:
If you are a witness, the Scottish Courts and Tribunals Service will:
Victims are not parties to criminal proceedings in Scotland. Subject to prosecutorial discretion, victims may be requested to give evidence in court.
Information on your rights as a victim can be found in the Victims' Code.
If you are called as a witness, you will receive a citation. Your citation is an official letter telling you to come to court and give evidence as a witness.
It is important not to ignore the citation. Tell whoever asked you to be a witness right away if there's an important reason why you can't make the date of the trial. If you don't turn up at the correct time and place, the court can issue a warrant for your arrest.
Some witnesses may find it difficult to give evidence. They may be particularly vulnerable because of their circumstances or the nature of their evidence. The court can take extra steps (called 'special measures') to help vulnerable witnesses give the best evidence they can, such as a screen so the witness does not have to see the accused. You should discuss any concerns with the person who has requested that you give evidence as they may be able to apply to the court for special measures on your behalf.
Further information on being a witness can be found on the Crown Office and Procurator Fiscal Service website and on the Giving Evidence at Court pages of mygov.scot.
Subject to prosecutorial discretion, victims may be requested to give evidence in court. Scotland's general laws of evidence apply to those victims who are called to give evidence.
For those victims who are to give evidence, and are considered vulnerable or have protection needs, special measures can be made available through sections 271 to 271M of the Criminal Procedure (Scotland) Act 1995 in order to assist them in giving evidence. These measures are automatic for children and for those persons who are victims in specific offences such as sexual offences, trafficking and stalking.
In addition, victims may also be able to make a victim statement under section 14 of the Criminal Justice (Scotland) Act 2003. Further information on victim statements can be found here.
You can contact the Scottish Courts and Tribunals Service to find out the dates of any court hearings, the final decision of a court in a trial or any appeal arising from a trial, and any reasons for it. In addition, if you are attending court to give evidence, court staff at the Scottish Courts and Tribunals Service will update you on the progress of the court case at least once per hour and let you know when you can leave court.
Please see above for details of information that can be accessed.
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.
Only the convicted person or the prosecution can appeal a verdict.
Prosecution appeals can only be made in certain circumstances. The prosecution can:
You can find out more information by visiting https://www.mygov.scot/after-the-verdict/the-appeals-process/
After a guilty verdict, your victim statement may be taken into consideration by the judge considering the sentence which is to be imposed.
If the result of the case (known as the verdict) was not what you expected, or feel you need some support after the verdict, there are lots of organisations that can help you. Victim Support Scotland has a hotline which operates Monday to Friday, 8am to 8pm. They are a national charity that supports people affected by crime across Scotland, regardless of the type of crime they have suffered. You can contact them on 0345 603 9213. The support they provide is free.
There are a number of other organisations including specialist services, that are able to provide free confidential emotional support, practical help and essential information to victims, witnesses and others affected by crime. Information on these services can be found here.
Yes, there are a number of victim support organisations who can offer support before, during and after the trial which are free. Victim Support Scotland, which is a national charity offer emotional support, practical help and essential information to victims. These services are free and confidential.
If you made a victim statement it may be considered when the judge decides the sentence. After a guilty verdict, the judge has to decide what punishment to give to the offender. This punishment is called a sentence. The judge makes this decision after hearing all the evidence and taking account of any background information. This includes things such as the offender's age, any medical issues and whether they already have a criminal record. The judge can choose what sentence to give from a range of option.
Further information on sentencing can be found here.
You have the right to request information on the final decision of the court in a trial and any reasons for it. This information can be requested from the Scottish Courts and Tribunals Service.
In all criminal cases, victims have a right to get information about the release of a prisoner. They may also have a right to be told when the prisoner is considered for parole and to make written representations (comments) about their release to the Parole Board for Scotland. This is called the Victims Notification Scheme.
Victims of offenders sentenced to less than 18 months are entitled to know only of the release or escape of the offender. If you would like to receive this information you do not have to register with the scheme, you can simply contact the Scottish Prison Service.
You may be able to make representations to the Parole Board for Scotland for consideration in situations where the offender is being considered for release on license. Victims who register under Part 2 of the scheme can register to make written representations to the Scottish Prison Service when the offender first becomes eligible for temporary release and release on Home Detention Curfew; and to the Parole Board for Scotland when the offender is being considered for release on parole license. Victim Support Scotland may be able to help you prepare your representations.
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.
Under the provisions of sections 249 to 253 of the Criminal Procedure (Scotland) Act 1995, any criminal court in Scotland has power in appropriate cases to order an offender to pay some compensation to the victim of his/her crime for any injury, loss or damage which the victim has suffered as a result of the crime, without the need for separate civil action.
The 1995 Act does not provide for a victim to make an application to a court for a 'compensation order' personally; however, the Procurator Fiscal may raise the question with the court in appropriate cases and in all cases, the Procurator Fiscal should provide the court with available information about the extent and value of any injury, loss or damage sustained.
Under the existing law a victim has the right to sue the offender for damages in a civil court or (if he/she sustained physical or mental injuries) to see an award from the Criminal Injuries Compensation Authority (CICA). The ordering of compensation by the criminal courts does not affect these rights, although any award made to the victim by the civil courts or the CICA will be reduced by the amount paid under the 'compensation order'.
In solemn criminal proceedings, there is no limit on the amount that may be awarded under a 'compensation order'.
In summary, criminal proceedings the following limits apply:
Payment of any amount under a 'compensation order' is made to the clerk of court who will then account for the amount to the entitled person.
When an accused is convicted of an offence, the court may, in certain circumstances, impose a Community Payback Order (CPO). In terms of section 227H of the Criminal Procedure (Scotland) Act 1995, payment of compensation (together with an offender supervision requirement) may be a requirement of a CPO.
The same limits in respect of the amount of the awards, apply to 'compensation requirements' as to 'compensation orders' (as detailed above)
The compensation can be paid either in a lump sum or by installments to the clerk of court who will then account for the amount to the entitled person. The compensation must be paid in full no later than 18 months after the CPO is imposed or not later than 2 months before the end of the supervision period, whichever is earlier. Failure by the offender to make the payment may constitute a breach of the CPO.
In terms of section 302A of the Criminal Procedure (Scotland) Act 1995, the Procurator Fiscal can send a 'compensation offer' to an alleged offender if it appears that a relevant offence has been committed. The 'compensation offer' is an effective direct measure for offences where an individual has suffered monetary loss, personal loss, or alarm or distress.
If a 'compensation offer' is accepted or deemed accepted (when the alleged offender does not formally reject the offer) no prosecution can take place, and no conviction will be recorded.
The maximum amount available as a compensation offer is £5,000 in terms of the Criminal Procedure (Scotland) Act 1995 Compensation Order (Maximum Amount) Order 2008.
Payment of any amount under a 'compensation offer' is made to the clerk of court who will then account for the amount to the entitled person.
Under the existing law, a victim has the right to sue the offender for damages in a civil court. In the event that the victim decides to raise an action in the civil courts, there are different procedures governed by different sets of court rules and these are also dependent on whether actions are raised in a Sheriff Court or the Court of Session. The various rules are available on the Scottish Courts and Tribunals Service website under Rules and Practice.
The drafting of any writ or petition and the various court procedures are quite complex, and legal advice is recommended.
This is a procedure through which a court of law can rule on compensation for the victim of a criminal offence. Rather than pursuing damages in a separate civil action, the victim files a civil claim against the offender as a part of a criminal trial. It should be noted that whilst this system exists in some civil law jurisdictions, it does not in Scotland.
Payment of any amount under:
is made to the clerk of court who has to account for the amount to the entitled person.
Payment can only be enforced by the court and on no account should the entitled person contact or attempt to contact the offender directly or accept payment from him/her personally.
If payment is not made in respect of a 'compensation order' or a 'compensation offer', further action may be taken by the court to recover the money by using a range of sanctions including:
If payment is not made in respect of a 'compensation requirement' in a CPO, this may constitute a breach of the CPO and the offender can be brought back before the court. Section 227ZC of the Criminal Procedure (Scotland) Act 1995 contains provisions in respect of breaches of CPOs and what actions the court may take.
If the victim raises a successful action in the civil court and the court grants a decree for a sum of money in his/her favor, the victim should contact a firm of Sheriff Officers who will advise of the procedure for recovery of the debt. Further information can be found on the Society of Messengers-at-Arms and Sheriff Officers website.
The state will not pay any advance to a victim of crime where an offender has been ordered by a court to pay but the offender has not done so. See also Enforcement of compensation above.
The Criminal Injuries Compensation Authority (CICA) deal with compensation claims from people who have been physically or mentally injured because they were the blameless victim of violent crime in England, Scotland or Wales. The government's Criminal Injuries Compensation Scheme sets the criteria and amounts for compensation.
The Criminal Injuries Compensation Scheme 2012 is a government-funded scheme that exists to compensate blameless victims of violent crime who have sustained serious physical or mental injuries directly attributable to their being a direct victim of crime of violence. The rules in the Scheme and the value of the awards paid are approved by the UK Parliament, and the CICA is responsible for the administration of the Scheme and all the decisions made on individual applications. The Scheme contains a tariff of injuries which sets out compensation payable in respect of injuries sustained.
There are two types of compensation - personal and fatal injury awards - with additional compensation payable in some cases for loss of earnings, dependency or special expenses where appropriate.
Payments can be awarded to the most seriously injured victims, victims of rape and other sexual abuse, victims of child abuse and the bereaved. The Scheme does not make compensation payments for minor injuries.
Not all claims for compensation will be successful. An applicant must be eligible under the rules of the Scheme. There are nationality and residence criteria that must be met (paragraphs 10 to 16 of the Scheme). Applications must be made as soon as reasonably practicable, and in any even within two years of the incident which gave rise to the criminal injury (although in exceptional circumstances in some cases the time limit may be extended, see paragraphs 87 to 89). There are also rules which require and applicant to have reported the incident which gave rise to the criminal injury as soon as reasonably practicable and to cooperate as far as reasonably practicable in bringing the assailant to justice (paragraphs 22 and 23). Awards may be withheld or reduced in various other circumstances, such as where the conduct of the applicant makes it inappropriate to make an award (paragraph 25) and where the applicant has unspent criminal convictions at the time of their application to the CICA (paragraph 26 and Annex D). Further information about the Scheme can be found here.
The Criminal Injuries Compensation Scheme 2012 is designed to be a scheme of last resort. Awards under the Scheme are not designed to meet immediate needs; in most cases an applicant's claim will ne be settle until sometime after that incident. No payment will be made until the Criminal Injuries Compensation Authority (CICA) is satisfied that the applicant is eligible under the Scheme; they will make enquiries of the police to obtain information about the incident and the applicant to ensure that the application meets the eligibility criteria. Where CICA are satisfied that an applicant is eligible for a payment but they cannot make a final decision, they may consider payment. This may be the case where the CICA are waiting until the long term impact of the applicant's injury is understood.
It is not necessary for the offender to be identified or convicted for the victim of a crime of violence to be eligible for compensation (paragraph 9 of The Criminal Injuries Compensation Scheme). However, the Scheme requires that an applicant has reported the incident to the police as soon as reasonably practicable and has co-operated as far as reasonably practicable in bringing the offender to justice (paragraphs 22 and 23). Applicants will therefore not be eligible for compensation unless they have co-operated fully with the investigation into the crime and any prosecution that follows.
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.
You have the right to use victim support services, even if the crime hasn't been reported to the police.
Whether you decide to report a crime or not - or you haven't decided yet - Victim Support Scotland can give you emotional and practical help and support.
If you report a crime, the police - with your permission - may pass on your details to Victim Support Scotland.
You may also be offered help from Victim Information and Advice (VIA) if your case involves:
VIA will give you information about the criminal justice system, keep you informed about the progress of the case and put you in touch with other organisations that can help you.
Victim Support Scotland has a hotline which operates Monday to Friday, 8am to 8pm. They are a national charity that supports people affected by crime across Scotland, regardless of the type of crime they have suffered. You can contact them on 0800 160 1985. The support they provide is free. There are a number of other organisations, including specialist services, that are able to provide free and confidential emotional support, practical help and essential information to victims, witnesses and others affected by crime. Information on these services can be found here.
Victim Support Scotland gives free and confidential support to victims, witnesses and others affected by crime.
Support at court
If you're asked to be a witness at court, the Witness Service is provided by trained Victim Support Scotland staff and volunteers at all High Court and Sheriff Court locations. They can:
Some witnesses - because of their circumstances or the nature of the crime - may be able to get extra support when they give evidence. You can find out more about giving evidence at court, including 'special measures' for vulnerable witnesses here. If you're a victim of crime but haven't been called to give evidence as a witness, you might not be informed about the trial. However, you can ask for information about what happens with the case at court.
Depending on the organisation, you can be offered different types of support. Victim Support Scotland provide a community based Victim Service. This is provided in every local authority area in Scotland, and their court based Witness Service is in every criminal court in Scotland.
There are a number of other charities who can help depending on the nature of the crime. For example, Rape Crisis Scotland, TARA (Trafficking Awareness Raising Alliance) who support female victims of human trafficking, and Migrant Help, which also offers support of victims of human trafficking. Children 1st, Scottish Women's Aid and PETAL are also charities which can offer support to victims of crime. More information on these services can be found here.
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.