Glossary of Terms

A person who is alleged to have committed a crime. The term ‘defendant’ is not used in Scotland.

Physical harm that occurs suddenly because of a specific incident or event. It typically has a rapid onset of pain and symptoms.

A verdict of a jury, or a decision of a Judge or Sheriff. It means that the accused person is found not guilty of the offence or offences he has been charged with. This does not mean the incident did not happen.

A lawyer who is a member of the Faculty of Advocates, or Scottish Bar. Also known as Counsel. Different advocates act for the prosecution and the defence.

Someone who assists and supports a person in making decisions about healthcare, housing, financial planning and legal matters

An experienced prosecutor who appears in the High Court. They make decisions in serious cases.

The age at which a child can be arrested and charged with a criminal offence in Scotland. At present the age of criminal responsibility in Scotland is 12 years of age

A claim or accusation that has been made but has not been found guilty or not guilty by a court.

The range of options open to the Procurator Fiscal to proceed with a case outside of a prosecution in court.

When the police take someone into custody as they have reason to believe they has committed a crime.

A report in the circumstances of a person to assist the court in what sentence to impose on an accused person. The reports are usually prepared by the social work department

A number of conditions imposed upon an accused person by the court. An accused person may be released on standard bail or bail with special conditions, for example, a condition preventing contact with a witness or not to enter a named place. The accused must agree to the conditions before the court will release them on bail.

The crime that the accused person is alleged to have committed.

A statutory service that supports children, young people, and their families when there are concerns about wellbeing, safety, or care. Social workers assess needs, provide help and protection, support coordination of multiagency support, and work with families to promote children’s rights, stability, and positive outcomes.

A legal meeting in Scotland where trained volunteer panel members make decisions to support and protect children and young people who may be at risk or need care. The Hearing considers the child’s views and information from professionals to decide what support, protection, or supervision is required to promote the child’s safety and wellbeing.

A multiagency meeting held when there are significant concerns that a child may be at risk of harm. Professionals come together to share information, assess the level of risk, and decide what actions or support are needed to keep the child safe. The meeting focuses on the child’s needs, the family’s circumstances, and agreeing a clear plan to protect and support the child.

A formal request made to statutory services when someone is worried that a child or young person may be at risk of harm, abuse, or neglect. It alerts professionals so they can assess the child or young person’s circumstances, consider any immediate safety needs, and decide what support or protection is required to keep the child safe.

The letter sent to the accused advising when to attend court.

An administrative officer who supports the work of the court. The Clerk organises hearings, manages paperwork and legal documents, records decisions, and provides procedural guidance to ensure hearings run smoothly, fairly, and in line with legal requirements.

The first appearance of an accused in court in relation to solemn proceedings. The Hearing is held in private. The accused will be granted bail or remanded in custody until trial.

A formal decision made by a court in Scotland that a person is guilty of a criminal offence. A conviction can result from a guilty plea or from the court’s decision after hearing evidence at trial. Once convicted, the individual becomes subject to the sentencing powers of the court, which may include a fine, community‑based disposals or imprisonment.

An act or behaviour that breaks the law. Crimes can involve harming a person, damaging property, or acting in a way that is prohibited by legislation. When a crime is reported, the police investigate and, if necessary, the case may be considered by the courts or the Children’s Hearings System, depending on the age and circumstances of the person involved.

Scotland’s independent public prosecution service. COPFS receives reports from the police and other agencies, decides whether criminal action should be taken, and leads prosecutions in court. It is responsible for ensuring cases are handled fairly, efficiently, and in the public interest, including cases involving children and young people.

An accused person cannot be convicted in Scotland unless there is evidence from at least two separate sources. This is called corroboration. It must be proved by corroborated evidence that both:

• A crime known to the law of Scotland was committed
• The accused person was responsible for the crime

A visit to the Courtroom that takes place before a trial. It can help persons involved on the process to become more familiar and comfortable with the court.

A person is in custody when they are in prison, in secure care (in the case of children and young people), or a police cell.

The lawyer for the accused person.

What a witness says during a trial is evidence. Evidence can also be in the form of physical items such as documents, medical records, reports, photographs, clothes and CCTV footage.

A process which allows a person to provide their evidence in advance of a trial. The evidence is recorded and taken by a Commissioner. A Commissioner is a person who hears evidence from a vulnerable or child witness and asks all the questions to the witness. This will be a Judge, Sheriff or other suitable person. The evidence will be audio and visually recorded for use at trial.

The first time an indictment calls in court in a Sheriff and Jury trial.

Scientific evidence collected from a person or from a crime scene. The evidence can be taken from a victim, an accused person, any other person. Examples include fingerprints, DNA, and blood samples.

The examination of a person to try to obtain forensic evidence from them.

The person who carries out the forensic examination and gathers forensic evidence.

The period of time available to obtain forensic evidence from a person.

The second appearance of an accused person in court in solemn proceedings. It takes place if the accused has been remanded in custody at the committal for further examination hearing. The hearing takes place in private. Afterwards, the court may grant bail or keep the accused on remand until the trial.

An accused person admits to the court they have committed the offence.

The highest criminal court in Scotland. The High Court hears cases from all over Scotland. It sits permanently at Edinburgh and Glasgow, but can also sit elsewhere in Scotland.

A document in solemn proceedings that sets out the charges the accused person faces, along with a list of witnesses and what documents shall be used to prove the charges against the accused person.

The expert in law who is in charge of the court in the High Court and ensures legal rules are followed. The Judge is responsible for passing sentence on an accused person if they are found to be guilty of an offence.

Adult members of the public selected at random to listen to evidence in a criminal trial at the High Court or Sheriff Court. After hearing the facts of the case, the Jury will be asked to reach a verdict and find an accused to be either guilty or not guilty. In criminal cases in Scotland there are 15 members of a jury.

A live link is when a witness gives their evidence to the court from another room or building using a video connection. The people in the courtroom, including the accused, will be able to see and hear the witness on a screen. However, the witness will not see the accused. They will only see the judge, lawyers, or other court staff who need to speak with them.

Physical harm refers to any injury or bodily damage caused to a person through the actions or behaviour of another individual. In Scotland, this can include harm resulting from assault, neglect, reckless behaviour, or the use of unreasonable physical force. Physical harm may range from minor injuries to significant or life‑threatening harm, and it can occur in a single incident or through repeated actions over time.

In serious criminal cases, a petition is a legal document which sets out the first draft of charges against an accused. It starts the formal court process.

The police are law‑enforcement officers working within Police Scotland, the national service responsible for maintaining public safety, preventing and investigating crime and upholding Scots law. Their duties include responding to incidents, gathering evidence, interviewing witnesses and suspects, and working with partner agencies such as Social Work, Health, and the Crown Office and Procurator Fiscal Service (COPFS) to protect people at risk. Police officers in Scotland have specific legal powers under Scots law to support investigations, safeguard communities, and ensure public order, while also prioritising the rights and wellbeing of victims and witnesses.

Where the police keep an accused person after they have been arrested until they appear in court for the first time.

This is a formal document prepared by Police Scotland officers that records information about an incident, concern, or suspected offence. It typically includes details such as what happened, who was involved, witness accounts, evidence gathered and any initial actions taken by officers. Police reports are used to support further investigation and are shared with partner agencies when appropriate. In cases where a crime may have been committed, the report is submitted to the Crown Office and Procurator Fiscal Service (COPFS), who decide whether further action or prosecution is required. Police reports form an important part of decision‑making within Scotland’s justice and child protection systems.

This is a court hearing in the High Court of Justiciary in Scotland that takes place before a criminal trial begins. Its purpose is to ensure the case is properly prepared and that all parties are ready for trial. During a Preliminary Hearing, the judge reviews key matters such as the charges, evidence, witness lists and whether there are any legal issues that need to be resolved in advance. The hearing helps avoid delays, ensures fairness for the accused and witnesses and allows the court to determine the next steps or set a date for the trial. It is an important stage in managing High Court cases efficiently and effectively.

A list of crimes a person has already been convicted of by a court.

Also known as the PF or the Fiscal. Investigating agencies, such as the police, report crimes to the procurator fiscal. The procurator fiscal makes a decision about what action to take. This includes whether to prosecute someone. Procurator Fiscals are lawyers/solicitors. They represent the Crown in criminal trials in Scotland and are often referred to as prosecutors.

This is a formal document published by the Crown Office and Procurator Fiscal Service (COPFS) that sets out the principles and decision‑making criteria used when deciding whether to prosecute a case in Scotland.

This refers to the broader considerations that the Crown Office and Procurator Fiscal Service (COPFS) will take into account when deciding whether criminal proceedings should be raised or not. If there is sufficient, credible, and reliable evidence in law, the Procurators Fiscal must decide whether prosecuting the case is the right course of action for the public.

When an accused is refused bail by the court and is kept in prison until the trial starts.

The Scottish Child Interview Model is the national approach used in Scotland for jointly interviewing children and young people when there are concerns about their safety or when they may have witnessed or experienced a crime. The interview is delivered by specially trained Police Scotland officers and Children and Families Social Work staff, the model is designed to be trauma‑informed, child‑centred, and rights‑based.

The national organisation for Children’s Reporters. SCRA focusses on children and young people who are most at risk. Children's Reporters make decisions about the need to refer a child or young person to a Children’s Hearing.

A decision by a Judge, Sheriff or Justice of the Peace on the outcome of a case. The sentence is given after an accused is found guilty of a charge at trial or admits guilt to a charge.

Solemn proceedings are the type of criminal court process in Scotland used for the most serious offences. These cases are heard before a judge and a jury, typically in the Sheriff Court (for serious but not the most severe offences) or in the High Court of Justiciary (for the most serious crimes such as murder or rape).

A lawyer who is a member of the Law Society of Scotland.

A manner which will allow a child or vulnerable witness to provide evidence to a court in a trial in a court in the most comfortable way, such as from behind screens or from a video link.

A legally required time period within which certain actions must be taken under Scots law. These limits are set by legislation to ensure fairness, protect individuals’ rights and prevent unnecessary delay in legal or child protection processes.

Summary proceedings are the type of criminal court process in Scotland used for less serious offences. These cases are heard in the Sheriff Court or the Justice of the Peace Court and are decided by a sheriff or justice of the peace without a jury.

Therapeutic recovery supports refer to structured interventions, services and approaches designed to help children, young people, and adults heal from trauma, abuse, loss or other adverse experiences.

A verdict of the court or a jury where the Crown has not established guilt ‘beyond a reasonable doubt’.

The third sector refers to non‑profit organisations that operate independently of the public sector and private business. In Scotland, this includes charities, voluntary organisations, social enterprises, and community groups.

The court hearing that establishes the facts in a case by the leading of evidence. Evidence is led by the prosecution and the defence (if the defence chooses to lead evidence on behalf of the accused). A trial is heard before a Justice of the Peace or a Sheriff in summary cases, or a Sheriff or Judge and 15 Jurors in solemn cases.

When a person is in police custody accused of a crime they may be released if they sign a form known as an undertaking. Signing the form means that they agree to certain conditions imposed by the police, such as not committing further crimes. They also agree to come to court on a given date and time.

Victim Information and Advice (VIA) is a dedicated service within the Crown Office and Procurator Fiscal Service (COPFS) in Scotland that provides information, practical support, and guidance to victims, witnesses, and bereaved families involved in serious criminal cases. VIA is typically offered in cases involving sexual offences, domestic abuse, hate crime, child victims and where there has been a death.

Witnesses are individuals who provide information or evidence to help the justice system understand what happened in relation to a suspected crime or incident. In Scotland, a witness may be someone who directly saw or heard an event, someone with relevant knowledge about the people or circumstances involved or a professional who can give expert evidence.

A document instructing a witness where and when to go to court. This is a legal document which must be followed. Failure to follow the instructions in a citation may result in your arrest.

This is a formal document prepared for a criminal or civil court case in Scotland that sets out the names and roles of all individuals who may be called to give evidence.

Youth justice in Scotland refers to the systems, policies and practices used to prevent offending by children and young people, respond to harmful behaviour and support their rehabilitation and wellbeing.