The Justice Journey
Parents, Carers and Professionals
In 2023-24 3,167 were newly registered on the Child Protection Register with the most common concerns recorded as neglect, domestic violence, parental substance-use, parental mental ill-health and emotional abuse. In the same period 8,196 children and young people were referred to the Scottish Children’s Reporter for care and protection due to formal concerns raised regarding their safety and wellbeing.
It is important to recognise that many children and young people who experience harm are not known to statutory or third sector services. Children and young people may choose not to report for lots of different reasons such as fear, age and stage of development, loyalty, shame, lack of understanding, mistrust of adults or barriers to accessible support. Children and young people with disabilities may be experience difficulties in reporting due to physical, communication-related and/or cognitive issues.
1) Disclosure
Children and young people are more likely to disclose when they feel safe, believed, supported and in control. Supporting adults need to be consistent and create trauma-informed environments that provide accessible non-judgemental support. When there is concern regarding an infant with a suspected injury, supporting professionals must ensure NHS Forth Valley’s Suspected Injuries in Non-mobile Infants pathway is followed and timely discussions are held with the on-call paediatrician for Child Protection.
- Refer to local reporting guidelines.
- Telephone call/in-person report to Police.
- Concern formalised through child protection referral to Social Work.
- In the case of acute injury, the child/young person would be supported to get medical attention. To mitigate the need for repeat intimate examinations, forensic medical examination may be completed prior to Interagency Referral Discussion.
- Immediate safety planning that is informed by the child/young person’s views, age and stage of development and level of perceived risk.
- What happens next?
- Will I be safe?
- How much information do I need to tell about the harm?
- Who else will I need to talk to?
- Who else will get to know what I have said?
- Will you tell my parent/carer?
- Will the person who harmed me get into trouble?
- Where can I get help?
- How long will it take for me to get help?
- Needs to be collaborative
- Need to provide choice
- Child/young person reports harm directly to Police/other agency or makes a disclosure to a trusted person who reports on their behalf.
- Third party reports harm to Police/other agency without child/young person’s knowledge.
- Police
- Social work
- Education staff
- Lead paediatrician for child protection
- Child protection nurse advisors
- Health professionals/health admin staff
- Third sector organisations
- Family and friends
- Sports coaches/Youth organisation leaders
- Members of the public not directly known to the child/young person
This will be case dependent based on the nature of harm and clarity of detail within the child/young person’s disclosure, time between third party observation of harm and reporting to Police/other agency.
2) Information Gathering
Police collect facts about the incident. This can include interviewing witnesses, taking photographs, gathering physical evidence, and requesting forensic analysis. In serious cases, specialist units (cybercrime, sexual offences, major crime) may be involved.
- Alleged harmer may be arrested and interviewed by the Police on suspicion of committing a crime.
- Alleged harmer may be placed in Police custody. Young people over the age of criminal responsibility accused of a serious crime may be placed in Police custody suite.
- Interagency Referral Discussion convened (representatives from Health, Social Work, Police and may include Education). The IRD discussion will include an interim safety plan to set out how risk will be reduced, actions required to be undertaken by each service and agreement on how the plan will be monitored. The discussion will also explore contingency planning.
- Child/young person may be offered the opportunity to undergo Joint Investigative Interview with Forth Valley Child Interview Team.
- In cases of suspected injuries in non-mobile infants, the infant may be admitted to Children’s Ward.
- There may request that additional expert reports are required including information on historical injuries, mental health records and Social Work reports.
- Child/young person may be referred for a Joint Paediatric Forensic Medical Examination. Young person’s aged 13-15 years who have alleged sexual harm within forensic window (7days) will be offered the opportunity to undergo forensic examination at NHS Greater Glasgow & Clyde Archway. Those under 12 and over 16 years will be seen at NHS Forth Valley’s Meadows service.
- A decision could be made to progress to a Team Around the Child meeting, Initial Child Protection Planning Meeting or to refer to Scottish Children’s Reporter Administration.
- Will I be believed?
- What will happen to the alleged harmer if I speak to Police?
- What happens after I speak to the Police?
- Can I bring someone I trust to my interview?
- Can I choose when and where I do my interview?
- What happens if I choose not to have a forensic medical examination?
- What happens during a forensic/comprehensive medical examination?
- What happens to any photographs/videos taken of my body?
- This is really upsetting and embarrassing to talk about, I am telling you lots of personal details. How many people are going to talk about my case information?
- What is a Child Protection Planning Meeting/SCRA?
- Will I get any say in the creation of the safety plan?
- How long will the Police keep my phone if they need to use it for information gathering?
- Police Officers
- Forensic Specialists (Archway and other Police Departments)
- Scene of Crime Officers
- Appropriate adult
- Lead paediatrician for child protection
- Children’s Ward staff
- Child protection nurse advisors
- Children and Families Social work/Youth Justice
- Education
- Third sector
- Police information gathering: In simple cases this could be days/weeks, in more complex cases months to over a year. Depending on the level of perceived risk posed by the alleged harmer the timescales can be much shorter.
- Interagency Referral Discussion: Where significant harm is suspected, and IRD must be arranged as soon as reasonably practical, possibly out of hours, with a comprehensive IRD completed by the next working day.
- Joint Paediatric Forensic/Comprehensive Medical Examination: There is no statutory timeframe within Scotland for JPFME; however, the child/young person should be seen as quickly as possible following disclosure of acute injury. In cases of sexual harm, the child/young person should be asked not to wash/brush their teeth prior to examination. Although forensic window is up to 7 days post-incident, physical evidence will degrade over time. Therefore, it is important the child/young person undergoes their medical examination as quickly as possible. All decisions must be informed by the best interests of the child/young person. If the child has made a historic disclosure of sexual harm, they should be offered the opportunity to undergo a comprehensive medical examination. In cases of neglect a comprehensive medical may be offered to explore any unmet health needs. Comprehensive medicals are completed as an out-patient appointment and timeframes will vary. Infants undergoing suspected injuries in non-mobile infants pathway will take approximately two weeks to complete medical investigations. This can take longer when additional medical tests such as out-patient MRI are required or if there are tertiary service staffing resource issues.
- Progressing to Initial Child Protection Planning Meeting: When the decision is made to progress to ICPPM, this must be convened within 28 days.
3) Police Reporting Stage
fter the investigation and the arrest of the alleged harmer, the police prepare a report for the Crown Office and Prosecution Service (COPFS).
If the accused is under 18, the report may be referred to the Scottish Children’s Reporter Administration (SCRA) instead of court if it is a criminal matter.
- Initial Child Protection Planning Meeting (ICPPM) or Scottish Children’s Reporter Administration interim hearings.
- Review of multiagency safeguards and therapeutic recovery supports.
- (In cases diverted to SCRA) Why is the harmer not going through the court process?
- How will my alleged harmer learn not to harm other people if the case only goes through SCRA and not criminal prosecution?
- What information will be in the Police report?
- How long will it take to make a decision on my case?
- Can I talk to people about my case and how it’s making me feel?
- Will the harmer be allowed to have contact with me while my case is being investigated?
- How much can I discuss about my case with friends/family?
- Am I allowed to talk about what’s happening on social media?
- I’m scared that my case will be discussed at school and in social media, how can services help protect me?
- Police
- Children’s Reporter
- Procurator Fiscal
- Social Work
- Third Sector
- Education
- Health professionals such as School Nursing, Health Visiting, Family Nurse
Usually a few weeks to a few months after offence.
4) Crown Office and Procurator Fiscal Service Decision-making process
Police collect facts about the incident. This can include interviewing witnesses, taking photographs, gathering physical evidence, and requesting forensic analysis. In serious cases, specialist units (cybercrime, sexual offences, major crime) may be involved.
COPFS checks two things and is guided by the Prosecution Code:
- Is there enough evidence to prove the case?
No: Disposal. Case can come back if further evidence is identified.
Yes:
- Is it in the public interest to proceed?
If yes, they start court proceedings; if no, they may issue a warning or take no action.
The Procurator Fiscal reviews the Police’s report on the alleged offence(s) and decides if the case should go to court or be dealt with in a different way (warnings, fines, unpaid work, specialist support e.g. social work).
Victim can contact Police if case is being taken on by COPFS or RC advocacy worker.
The alleged harmer can decide not to comply with COPFS’ alternative to prosecution. This will likely result in the case progressing to a prosecution.
If the decision is made not to take any action against the alleged harmer, the victim of the alleged harm can ask COPFS to review their decision. Support can be provided through the Victim Information and Advice service.
- Procurator Fiscal
- Legal Assistants
- Victim Information and Advice
- What happened to me was bad, why has the decision been made not to prosecute?
- If the alleged harmer is not being prosecuted, does that mean they will be allowed to have contact with me again?
- If the alleged harmer is not being prosecuted, will there be any other consequences?
- My alleged harmer is being prosecuted, does that mean I will have to go to court?
- What support can I get now that I have found out I am going to be prosecuted?
Impacted by Police reporting mechanisms. Custody cases decisions made that day.
5) First Court Appearance
For a serious offence, the alleged harmer will appear on petition in the Sherrif court for the first time. This is even the case where the alleged offence can only go to trial in the High Court, on cases such as murder. The first appearance will likely be held in private which means the public are not allowed in the courtroom.
The alleged harmer is served with a ‘petition’ that sets out a list of charges. The charges on the petition might change by the time the alleged harmer goes on trial. This is because it is such an early stage in proceedings and a full investigation into the alleged offence(s) will likely not have concluded. The petition will also ask for permission for the Police and lawyers to do certain things during the investigation. This includes being allowed to search the alleged harmer and their home, asking witnesses to tell what they know, collecting important items or information and keeping the alleged harmer in custody while the investigation continues- unless the law says they should be released.
The alleged harmer is not asked to tender a plea of guilt/not guilty. Alleged harmer hears the charges and can make an application to be released on bail. If bail is refused, the alleged harmer will be Committed for Further Examination and remanded in custody until their full committal hearing in 7-days’ time.
Young people under the age of 18 who are placed on remand will be placed in secure care until their committal hearing in 7 days.
In almost all cases the alleged harmer will have standard bail conditions that includes conditions such as agreeing to attend all future court dates and must not commit further offences or interfere with witnesses. Any new offences committed whilst on bail can result in bail being revoked and additional charges. Special bail conditions can be put in place when the court considers them to be necessary and proportionate. This might include no contact with the victim or witnesses (direct and in-direct), living at a specified address, entering a specific area and curfew restrictions. Prior criminal offending can inform decisions on bail conditions. Depending on level of risk, COPFS may recommend remand.
VIA will contact victim soon after court to advise on bail conditions. Letter sent confirming details.
- Will the alleged harmer be able to contact me?
- What if the alleged harmer breaches their conditions?
- Why was my alleged harmer not remanded?
- Why did the alleged harmer not plead guilty?
- How can I access supporting information that I will understand in alignment with my physical/mental/cognitive needs (Just Sign)?
- What should I do/not do in relation to social media?
- Sheriff or Judge: Oversees hearing.
- Procurator Fiscal: Represents the COPFS.
- Defence Solicitor: Represents the accused.
- First custody appearance next lawful day.
- First court appearance (non-custody), nil statutory time limit.
6) Case Preparation by Crown Office and Procurator Fiscal Service
The Procurator Fiscal organises witnesses, prepares legal arguments, finalises charges and shares the evidence with the defence. Victim Information and Advice will contact the child/young person and their parent/carer to provide an update on case progress and timeframes. The child/young person can ask questions about their evidence; however, Victim Information and Advice cannot discuss the accused’s evidence.
Depending on the case made against the alleged harmer, they can plead guilty to some or all the charges against them. The Crown can accept or refuse this offer.
The accused will be given a date to attend court to formalise their guilty plea. The case will then progress to the sentencing stage.
The Crown decides whether to accept or reject the plea offer. If the alleged harmer later goes to trial and is convicted of the same offence they originally offered to plead guilty to, that may be taken into account when deciding the sentence for that offence. The accused can change their mind at the trial and plead ‘not guilty.’ If this happens, the process will continue as if the negotiation phase never happened.
Professionals working with the child/young person or the alleged harmer can contact COPFS during this period to provide any relevant updates.
What might the child want to know:
- How long will bail conditions last?
- How long will this stage take?
- Why has a lesser charge been accepted? (VIA)
- Procurator Fiscal: Prepares case.
- VIA Officers: Support victims and witnesses.
- Defence Solicitor: Prepares defence case.
If the alleged harmer is in custody then within 80 days, if they are on bail 10 months.
7) Service of the Indictment
Crown Offices and Procurator Fiscal Service serves an official document called an indictment listing the finalised charges, list of Crown witnesses, list of evidence and court date to the alleged harmer. The service of the indictment is the formal transition from investigation to trial preparation.
- Will my name appear on the witness list?
- Is any of the evidence made publicly available?
- What will be shown in open court (my personal evidence)
- Will I be kept up to date regarding ongoing timeframes?
- Procurator Fiscal: Issues indictment.
- Court Clerks: Manage scheduling.
- The indictment must be served within 80 days if the alleged harmer is in custody. If this is delayed, the alleged harmer may have to be let out on bail.
- If the alleged harmer is not in custody the trial must happen within 12 months.
- First diet must be at least 29 clear days after indictment service.
8) Court (First Diet/Preliminary Hearing)
This is a pre-trial hearing where the judge checks readiness and resolves issues like missing evidence or legal challenges. If the case is being prosecuted in the High Court this is called the Preliminary Hearing. If the case is being prosecuted in the Sheriff Court it is called the First Diet Hearing.
The alleged harmer must attend this hearing. This will be the first opportunity for the alleged harmer to enter a plea in respect of the charge(s) made on the indictment. If the alleged harmer pleads not guilty, there will be a discussion on how ready the Crown Offices and Procurator Fiscal Service and Defence are for trial. If both parties agree to proceed, the court will schedule a trial date at the.
- Will my alleged harmer see my SCIM interview?
- Will my sexual history be discussed?
- Evidence may be taken from the child/young person in advance of the trial. If this happens the child/young person not be required to attend court. This will be organised by the Scottish Courts and Tribunal Service. COPFS will contact the child/young person to provide details on where and when to attend to give their evidence. This is called giving ‘evidence by commission’. The child/young person’s evidence is given in a private room (Bairns’ Hoose). A trained commissioner (this could be a judge) oversees the process. Lawyers will ask the child/young person questions, and the process is recorded on camera. The recording can be played during the trial. The alleged harmer will also be able to view the recording. If COPFS requests to obtain the child/young person’s evidence by this method, the hearing may be continued to a future date to allow the Defence time to deal with any matters arising from the request.
- For those attending court to give their evidence, a request can be made to the Scottish Courts and Tribunal Service to undertake a court visit prior to the trial starting.
- Sheriff or Judge: Oversees hearing.
- Procurator Fiscal: Confirms Crown readiness.
- Defence Solicitor: Confirms defence readiness.
- COPFS: Contacts Scottish Courts and Tribunal Service to request special measures.
- Scottish Courts and Tribunal Service: Organises for child/young person to give their evidence by commission and complete a court visit if requested.
Usually 1–3 months after indictment.
9) Trial Diet
The alleged harmer will confirm their plea in respect of the charges on the indictment. If no plea is offered which the Crown Offices and Procurator Fiscal Service will accept, the jury is selected by a ballot. There will be 15 jurors in total. The jury will be read the charges on the indictment and sworn in. This marks the official start of the trial.
There are no opening speeches in Scottish trials. After basic introductions to the jury, the Sherrif or Judge with ask the Crown Offices and Procurator Fiscal Service to call their first witness to give evidence.
All children and young people under the age of 18 are identified as vulnerable witnesses. The law can provide ‘special measures’ to make giving evidence less stressful. This can include giving evidence by a live video link from a separate room (Bairns’ Hoose). The people in the court room will be able to hear and see the child/young person. This includes the alleged harmer.
Even with special measures the child/young person will answer questions from both Prosecution and Defence. The questions must be age appropriate. The Judge will closely control the questions to make sure they are not aggressive or confusing. Lawyers questioning the child/young person should also make sure their questions are not repetitive.
When all the witnesses have given their evidence, both the Crown Offices and Procurator Fiscal Service and the Defence then address the jury on the evidence in their closing speeches. After this, the Sheriff or Judge will give directions on the law they should apply to reach their verdict.
The jury will then leave the court room and deliberate over their verdict(s). This is done privately and when the trial is over it is against the law for jurors to discuss anything said during deliberation. The verdict is for each charge is delivered by the jury .
There are two verdicts available in all criminal trials in : ‘guilty’ and ‘not guilty’. The ‘not proven’ verdict was removed on 01 January 2026. This means that the alleged harmer is free to leave court. Any previous bail conditions will stop.
If the alleged harmer is found guilty, the case will move to sentencing. The Sheriff/Judge will also be handed a copy of the alleged harmers previous convictions (if they have any). The jury will be informed there have been previous convictions but will not be provided with a physical copy to review.
- Judge or Sheriff: Oversees trial.
- Jury: Decides verdict.
- Procurator Fiscal: Presents Crown case.
- Defence Solicitor/Advocate: Presents defence case.
- Witnesses and Experts: Give evidence.
Must begin within 12 months of indictment unless extended.
10) Sentencing
Sentencing is often deferred so the court can gather additional information to support decision-making. The Sheriff/Judge will take into consideration sentencing guidelines, the alleged harmer’s previous convictions, protecting the public and rehabilitation and punishment.
Judge/Sheriff will decide if a background report is required to support sentencing following a guilty verdict. If the alleged harmer is over 21, and has a previous custodial sentence, they can be given an immediate custodial sentence (if this is the wishes of the Judge/Sheriff).
A Fresh bail application may be made immediately after verdict, decision made entirely by Sheriff/Judge on immediate sentencing.
- What if I disagree with the sentence? works both ways)
- Youth Justice
- Education
- Secure care
Background report 4 weeks to prepare.
Overall Journey Times
High Court cases
34 months (median).
Sheriff Solemn cases
17 months