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.

Glossary of Terms

1) Disclosure

Disclosure is the process by which a child or young person shares information that they have been harmed, abused, neglected, exploited, or are at risk of harm. As outlined in Scotland’s National Guidance for Child Protection 2021 (updated 2023), disclosures may be made verbally or non-verbally, can be intentional or unintentional, and often occur gradually over time rather than as a single event. Children and young people may choose to tell a trusted adult directly, or communicate their experiences through behaviour, emotions, actions, or other forms of communication. Professionals should recognise that disclosure is a process. Trusted adults and professionals should respond sensitively, listen carefully, and take concerns seriously.

Children and young people are more likely to disclose when they feel safe, believed, supported and in control. Trusted adults and professionals need to be consistent and create trauma-informed environments that provide accessible non-judgemental support. When there is concern regarding a non-mobile infant with suspected injuries, 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.

The Justice Glossary can be accessed here.

The response at this stage depends on the individual circumstances, the information shared, and any immediate risks identified.

 

Professionals may:

 

  • Follow local reporting and child protection procedures to ensure concerns are shared appropriately.
  • Contact Police Scotland, either by telephone or in person, where there are concerns that a crime may have been committed or where immediate safety concerns are identified.
  • Make a formal child protection referral to Social Work to ensure concerns are assessed and appropriate support and protection can be considered.
  • Arrange urgent medical assessment and treatment where a child or young person has sustained an acute injury or requires healthcare support. Where appropriate, a forensic medical examination may be undertaken to gather evidence and reduce the need for repeated intimate examinations.
  • Develop an immediate safety plan that takes account of the child or young person's views, wishes, age, stage of development, individual needs, and the level of identified or perceived risk.
  • Share relevant information and hold initial discussions between agencies to understand the child's circumstances, assess any risks, and determine whether an Interagency Referral Discussion (IRD) is needed to support planning and decision-making.

Following a disclosure, children and young people often have many questions about what will happen next. They may feel anxious, frightened, overwhelmed, ashamed, confused, or worried about the consequences of sharing their experience. Some may be concerned about their own safety, while others may worry about family members, friendships, living arrangements, or what will happen to the person who harmed them.

 

The professional or trusted adult receiving the disclosure plays an important role in helping the child or young person feel heard and supported. It is important to listen carefully, provide honest and age-appropriate information and avoid making promises that cannot be kept, such as "I won't tell anyone." Instead, professionals and trusted adults should explain that information will only be shared with people who need to know to help keep them safe and provide support. Professionals and trusted adults should also avoid asking leading, suggestive, or investigative questions about what has happened. Where clarification is required, open and non-leading prompts should be used so that the child or young person can share information in their own words. This helps minimise the risk of inadvertently influencing their account and reduces the potential impact on any future child protection enquiries, Joint Investigative Interview (JII), or criminal justice processes.

 

Professionals and trusted adults should be mindful not to inadvertently cause harm by giving inaccurate information, making assumptions about what may happen, or offering reassurances that cannot be guaranteed. They should also recognise the limits of their own knowledge and experience and seek advice from senior managers, child protection leads, legal services, Police Scotland, Social Work, or other relevant partner agencies where appropriate.

 

Where there is ongoing child protection concerns or potential criminal investigations, professionals and trusted adults should take care not to prejudice future enquiries by speculating about outcomes, discussing evidence, or making promises about what action will be taken against another person. Information shared with children, young people and families should be accurate, proportionate, and based on what is known at the time.

 

Children and young people may ask questions such as:

 

  • What happens next?
  • Will I be safe?
  • How much information do I need to tell you about what happened?
  • Who else will I need to talk to?
  • Who will be told about what I have said?
  • Will you tell my parent/carer?
  • What if I do not want my parent/carer to know?
  • Will the person who harmed me find out what I have said?
  • What will happen to the person who harmed me?
  • Will the person who harmed me get into trouble?
  • Will the Police need to take my phone away?
  • Where can I get help and support?
  • Who will support me through the process?
  • How long will it take to get help?
  • What happens if I change my mind about talking?
  • Will I have to tell my story again?

Professionals and trusted adults should answer these questions as openly and honestly as possible, while explaining that some decisions will be made later through discussions between the relevant agencies and that the child's safety, wellbeing and rights will remain at the centre of any decision-making.

A disclosure may be the first step in a child or young person's recovery journey. While immediate safety concerns often require urgent attention, professionals should also consider the child's longer-term physical health, emotional wellbeing, and recovery needs. Not all children and young people will require the same support, and needs may change over time.

 

Professionals should consider:

 

  • Whether the child or young person requires urgent medical assessment or treatment for any injuries or health concerns.
  • How the child or young person is coping with the disclosure process and any subsequent child protection, justice proceedings.
  • The child's strengths, protective factors, relationships and sources of support.
  • The impact on day-to-day functioning, including attendance at school, learning, sleep, eating, friendships, family relationships, and participation in activities they enjoy.
  • Whether there are immediate or emerging needs relating to trauma, anxiety, mood, self-esteem, emotional regulation, or behavioural changes.
  • The views, wishes, and preferences of the child or young person regarding support and recovery.
  • Whether parents, carers, or other trusted adults require information or support to help them respond effectively to the child's needs.
  • What support is already available around the child and whether additional services could be involved.
  • How choice, control, and meaningful participation can be promoted within any support plan.

Recovery is not a linear process. Children and young people may require different types of support at different stages of their journey. Wherever possible, support should be collaborative, trauma-informed, and guided by the child or young person's individual needs, strengths, developmental stage, and preferences. Professionals should work together to ensure children and young people have access to the right support, at the right time, from the right people.

Where a disclosure suggests that a criminal offence may have been committed, Police Scotland should be contacted directly. This may happen by the child or young person themselves, or by another person acting on their behalf. The information shared helps Police Scotland assess the concerns, identify any immediate risks and determine what action may be required to support the child or young person and investigate the circumstances.

 

The justice process may begin when:

 

  • A child or young person reports directly to Police Scotland that they have experienced harm or a crime has been committed against them.
  • A parent or carer contacts Police Scotland after a child or young person has disclosed harm to them, or when they have concerns that a child may have experienced a criminal offence.
  • A professional contacts Police Scotland after receiving a disclosure or identifying information that suggests a child or young person may have experienced harm which may constitute a criminal offence.
  • A third-party contacts Police Scotland after becoming aware of information that raises concerns about a child or young person's safety or indicates that a crime may have been committed. This may occur with or without the child or young person's knowledge.

Following contact with Police Scotland:

 

  • The information received is assessed to establish whether there are concerns about criminality, immediate safety or ongoing risk.
  • Police Scotland may gather initial information to better understand the circumstances and determine the most appropriate next steps.
  • Relevant information may be shared with partner agencies, including Social Work and Health, where this is necessary to safeguard the child or young person.
  • Initial discussions may take place between multi-agency partners to assess risk, consider the need for child protection processes, and determine whether an Interagency Referral Discussion (IRD) is required.
  • Immediate safety planning may be put in place where there are concerns about the child's safety or wellbeing.

Professionals should ensure that children and young people receive clear, honest, and age-appropriate explanations about what is happening and why. Wherever possible, they should be supported to understand the process, have their views heard and participate in decisions that affect them.

A disclosure may be made to, or identified by, a range of individuals and professionals. The people involved will depend on the child/young person’s circumstances, where the disclosure takes place, and the nature of the concerns raised.

 

Statutory Services:

 

  • Police Scotland
  • Social workers
  • Lead Paediatrician for Child Protection
  • Child Protection Nurse Advisors
  • General Practitioners (GPs)
  • School nurses
  • Health visitors
  • Midwives
  • Allied Health Professionals
  • Mental health practitioners
  • Other health professionals and administrative staff

Education and Childcare:

 

  • Teachers
  • Headteachers and senior school staff
  • Pupil support staff
  • Early years practitioners
  • Childminders
  • College or university staff
  • Educational psychologists

Community and Third Sector Support:

 

  • Third sector and voluntary sector organisations
  • Advocacy workers
  • Youth workers
  • Mentors and support workers
  • Sports coaches
  • Youth organisation leaders
  • Faith or community group leaders

Family and Trusted Adults:

 

  • Parents and carers
  • Siblings
  • Extended family members
  • Family friends
  • Other trusted adults identified by the child or young person

Members of the Public

 

  • Individuals who witness concerning behaviour or become aware of information suggesting a child or young person may be at risk of harm.
  • Adults not directly known to the child or young person who report concerns to the appropriate agencies.

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

Following a disclosure, professionals begin gathering information to better understand the child or young person’s circumstances, assess any risks, identify strengths and protective factors, and determine what support, protection, or investigative action may be required. Information gathering is an important part of ensuring decisions are informed, proportionate, and focused on the child’s safety, wellbeing, and rights. The process should be carried out sensitively and in a way that minimises the need for the child or young person to repeat their experiences.

The Justice Glossary can be accessed here.

During the information gathering stage, professionals may:

  • Gather relevant information already known to agencies rather than asking the child or young person to repeatedly share their experience.
  • Consider the immediate and ongoing safety needs of the child or young person and whether any protective actions are required.
  • Share relevant information between partner agencies, including Police Scotland, Social Work, Health and Education, where it is necessary to safeguard the child or young person.
  • Seek information from professionals already involved with the child, young person, or family to build a fuller understanding of their circumstances.
  • Consider whether other children, siblings, or family members may also require assessment, support, or protection.
  • Assess the child's health, wellbeing, developmental needs and any factors that may influence how they communicate or participate in subsequent processes.
  • Consider what support the child, young person, parents, or carers may require while enquiries are ongoing.
  • Hold initial discussions between relevant multiagency partners to assess available information and determine whether an Interagency Referral Discussion (IRD) is required.
  • Consider whether further investigative processes may be necessary.

Throughout this stage, professionals should ensure that children and young people receive clear, age-appropriate explanations about what information is being gathered, why this is necessary and how it will be used. Wherever possible, children and young people should be listened to, involved in decisions affecting them, and supported to understand what may happen next.

The information gathering stage can create feels of uncertainty of the journey for a child or young person and their family. As professionals work together to understand what has happened, assess risk, and consider what support or protection may be required, children and young people often have questions about what is happening, who is involved, and what this may mean for them and others. They may feel anxious, embarrassed, fearful, confused, or concerned about whether they will be believed and what impact sharing information may have on their relationships, family, education, or daily life.

 

Professionals should recognise that children and young people may need information more than once and may ask the same questions repeatedly as they process new information and experiences. Honest, age-appropriate explanations can help reduce uncertainty, promote trust and support meaningful participation in decision-making. Where a professional is unable to answer a question, they should explain this and seek advice from colleagues or partner agencies rather than providing information that may later prove to be inaccurate.

 

Children and young people may ask questions such as:

 

  • Will I be believed?
  • What will happen to the alleged harmer if I speak to the 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 or other evidence collected during my examination?
  • This is really upsetting and embarrassing to talk about. I am telling you lots of personal details. How many people will know about my information?
  • What is a Child Protection Planning Meeting?
  • What is the Scottish Children's Reporter Administration (SCRA)?
  • Will I have any say in creating a safety plan?
  • How long will the Police keep my phone or other devices if they need them for information gathering?
  • Will I need to tell my story again?
  • Will my family be told what I have said?
  • Who is making decisions about what happens next?
  • How long will this process take?
  • What support is available while decisions are being made?

Professionals should respond to these questions with clear, accurate and proportionate information, while recognising that some answers may not be known immediately. Where there are ongoing child protection processes or criminal investigations, care should be taken not to speculate on outcomes, discuss confidential information or provide information that could compromise enquiries. Children and young people should, however, be kept informed wherever possible, supported to understand the purpose of information gathering activities and given opportunities to express their views, wishes and feelings throughout the process.

Depending on the nature of the concerns raised, the information available, and the outcome of multiagency discussions, a range of investigative, safeguarding, health and justice processes may be considered. Not every child or young person will experience all of these processes, and decisions will be based on the individual circumstances of the case, the level of risk identified, and the need to gather information in a way that supports both the child's wellbeing and any ongoing enquiries.

 

The following actions may be considered:

 

  • The alleged harmer may be arrested and interviewed by the Police on suspicion of committing a crime.
  • The 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.
  • Child/young person may be offered the opportunity to undergo a Joint Investigative Interviewwith 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 be a 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.

During the Information Gathering stage, a range of professionals may become involved to help understand what has happened, assess any immediate risks, support the child or young person and ensure that informed decisions are made about next steps. Not every professional will be involved in every situation. The agencies involved will depend on the nature of the concern, the needs of the child or young person, and whether there are indications that a crime may have been committed.

 

Professionals/individuals may include:

 

  • Police Officers
  • Forensic Specialists
  • Senior Forensic Scene of Crime Officers
  • Appropriate Adult
  • Lead Paediatrician for Child Protection
  • Children's Ward Staff
  • Child Protection Nurse Advisors
  • Children and Families Social Work and Youth Justice Services
  • Education Staff
  • Third Sector Organisations
  • 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

Following the information-gathering and investigation stages, Police Scotland will review all available evidence and prepare a report outlining what has been learned through enquiries. This report is submitted to the Crown Office and Procurator Fiscal Service (COPFS), which is responsible for deciding whether further action should be taken in relation to alleged criminal offences.

In some cases, Police Scotland may decide not to submit a report to COPFS. This may occur where the circumstances do not amount to a criminal offence, despite the child or young person experiencing behaviour which has had a significant emotional impact or constituted a serious breach of trust. In these situations, child protection, wellbeing and recovery supports may still be required.

Where the alleged harmer is under the age of 18, the police may refer the matter to the Scottish Children’s Reporter Administration (SCRA) instead of the adult criminal courts. The Children’s Reporter will consider the circumstances of the case and decide whether compulsory measures of care, guidance, treatment, or support may be required through the Children’s Hearings System.

This stage focuses on ensuring that all relevant information is reviewed by the appropriate decision-making authority. The child, young person, and their family will be kept informed, where appropriate, about what will happen next and any key decisions affecting the case.

The Justice Glossary can be accessed here.

Alongside any police investigation or justice processes, other professional processes may take place to ensure the child or young person's safety, wellbeing, and recovery needs are addressed. These processes often run at the same time and focus on protecting the child while planning and coordinating support.

 

This may include:

 

  • An Initial Child Protection Planning Meeting or an earlier Review Child Protection Planning Meeting
  • An Interim Children’s Hearing through the Scottish Children’s Reporter Administration.
  • An Initial Care Risk and Management Meeting or earlier Review Care and Risk Management Meeting.
  • A review of multiagency safeguarding interventions and therapeutic recovery supports

During this stage, children and young people may experience a wide range of emotions as professionals gather information, assess risk, and make decisions about their safety, wellbeing and support needs. They may not always understand why different agencies are involved or what will happen next. Feelings of fear, anxiety, confusion, uncertainty, shame, anger, sadness, relief, or loss of control are common, particularly when there are ongoing investigations, meetings, or changes to family circumstances.

 

For children and young people who have experienced harm, there may be worries about being believed, having to repeat difficult information, family reactions, or what the future will look like. Some may feel relieved that professionals are helping to keep them safe, while others may feel overwhelmed by the number of adults involved in their lives.

 

Children and young people who have been accused of causing harm or committing an offence may experience many of the same emotions. They may feel frightened about potential consequences, uncertain about what will happen next, worried about how others perceive them, or ashamed and embarrassed about their involvement in the situation. Some may be concerned about their relationships with family members, friends, school staff, or peers. Others may feel angry, defensive, misunderstood, or struggle to accept responsibility for their actions. Where a young person has experienced adversity, trauma, exploitation, neglect, or unmet wellbeing needs, these experiences may also influence how they understand and respond to the process.

 

Some children and young people may openly express their worries, while others may appear withdrawn, distressed, frustrated, disengaged or indifferent. Professionals and trusted adults should remain curious about each child's lived experience, recognise that trauma can affect how feelings and behaviours are expressed and avoid making assumptions based solely on presentation or behaviour. Clear, age-appropriate information, reassurance, choice and meaningful opportunities for the child or young person to have their voice heard are essential. Attention should be given to helping all children and young people, including those accused of causing harm, understand the processes they are involved in, what support is available and what will happen next.

 

Children and young people may ask questions such as:

 

  • Why are so many people talking about me?
  • What is going to happen next?
  • Will I be listened to?
  • Am I safe?
  • Will I have to leave home?
  • Will I see my family?
  • Why do professionals need to share information about me?
  • Will I need to go to a meeting/hearing?
  • Who will be there?
  • Will anyone believe me?
  • What will my friends think about me?
  • What if I do not want to talk about what happened?
  • How long will this take?
  • Who can help me when I am worried or upset?
  • When will things start to feel normal again?

It is important to note that a report submitted by Police Scotland to the Crown Office and Procurator Fiscal Service (COPFS) does not automatically mean that criminal proceedings will commence. The submission of a police report reflects the view that there are circumstances which should be considered by COPFS. COPFS will independently review the available information and evidence before deciding whether further action should be taken.

Following a report to Police Scotland, a range of professionals may become involved to help ensure the child or young person is safe, supported, listened to, and able to access any health, protection, recovery, and justice services they may need. The professionals involved will vary depending on the circumstances of the concern, the child's individual needs, and whether there are ongoing child protection, health, wellbeing or criminal justice considerations. These professionals work together, share relevant information, and coordinate their response to reduce duplication and minimise further distress for the child or young person.

 

Professionals/individuals may include:

 

  • Police Scotland Officers
  • Specialist Child Protection Police Officers
  • Social Workers
  • Children's Reporter (SCRA)
  • Lead Paediatrician for Child Protection
  • Paediatricians and Medical Staff
  • Child Protection Nurse Advisors and Specialist Nurses
  • Forensic Specialists (where required)
  • Mental Health Professionals
  • Therapeutic and Recovery Practitioners
  • Advocacy Workers
  • Education Staff (including teachers, pupil support staff, and head teachers)
  • Family Support Workers
  • Third Sector Support Organisations
  • Crown Office and Procurator Fiscal Service (COPFS) personnel
  • Parents and Carers (where appropriate)
  • Trusted Adults identified by the child or young person

Usually a few weeks to a few months after offence.

4) Crown Office and Procurator Fiscal Service Decision-making process

Following the police investigation, Police Scotland submits a report to COPFS. The Procurator Fiscal carefully reviews the information and evidence gathered to decide whether there is sufficient evidence to progress the case through the criminal justice system. In some cases, the Procurator Fiscal may instruct Police Scotland to carry out further enquiries or obtain additional information before a final decision is made. This can extend the timescales involved but helps ensure that decisions are based on the fullest information available.

The Justice Glossary can be accessed here.

The Crown Office and Procurator Fiscal Service (COPFS) decision-making stage can be particularly difficult for children and young people because much of the process happens behind the scenes and can involve periods of waiting and uncertainty. During this time, children may be unsure about what is happening, who is making decisions or how long it will take before they receive an update.

 

Some children and young people may feel hopeful that action will be taken, while others may feel anxious, frustrated, or worried about what might happen next. Waiting for decisions can be stressful and may lead to concerns that they are not being believed, even though decisions are based on many factors, including the available evidence and legal tests.

 

If COPFS decides not to progress a case through the criminal courts, a child or young person may experience disappointment, confusion, anger or a sense that justice has not been achieved. In cases involving harmful behaviour by another young person, they may find it difficult to understand why the matter has been referred to the Children's Reporter and Children's Hearings System rather than a criminal court. Some children may need support to understand that different legal processes exist to meet the needs of different situations and that decisions are not a reflection of whether they have been believed.

 

Children and young people may also worry about whether they will have to speak to more professionals, answer additional questions or provide further evidence. They may feel nervous about the possibility of attending court, having their evidence recorded or seeing the person accused of causing harm. Others may feel emotionally tired after already having shared difficult experiences during earlier stages of the process.

 

Professionals should recognise that children and young people can experience a wide range of emotions during this stage and may need regular updates, reassurance, honest communication and opportunities to ask questions. Providing clear information and addressing uncertainty wherever possible can help children feel more informed, supported, and in control throughout the process.

 

Children and young people may ask questions such as:

 

  • What is happening with my case?
  • Why is it taking so long to make decisions?
  • Does this mean no one believes me?
  • Have the police finished investigating?
  • Who decides what happens next?
  • Will the person who harmed me be charged?
  • What happens if the case does not go to court?
  • Why has the case been referred to the Children's Reporter?
  • What is a Children's Hearing?
  • Does this mean the person who harmed me is not in trouble?
  • Will I have to tell my story again?
  • Will I need to speak to any more professionals?
  • Will I have to go to court?
  • Will I have to see the person who harmed me?
  • What happens if I do not want to give more evidence?
  • How will I find out what has been decided?
  • What support is available while I am waiting?
  • Who can I talk to if I am worried or have questions?

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).

 

COPFS is guided by the Prosecution Code when making decisions. The Procurator Fiscal will consider:

  • Whether there is a realistic prospect of conviction based on the available evidence.
  • Whether there is sufficient admissible and reliable evidence to prove the case.
  • Whether it is in the public interest to proceed with prosecution.

If these tests are met, the case may proceed through the criminal justice system. If they are not met, alternative action may be considered, or no further action may be taken. These decisions are not a reflection of whether a child or young person is believed, but rather whether the legal tests required for prosecution can be met.

 

If the alleged harmer is offered an alternative to prosecution and decides not to comply; this will likely result in the case progressing to a prosecution.

 

The child/young person, witness and/or support person can contact Police if case is being taken on by COPFS.

 

Where a decision is taken not to proceed with action against the alleged harmer, the child or young person who alleged that they were harmed may request a review of that decision by COPFS. Support can be provided through the Victim Information and Advice service.

 

The Justice Glossary can be accessed here.

During the Crown Office and Procurator Fiscal Service (COPFS) decision-making stage, a range of professionals may be involved in reviewing information, supporting the child or young person, and helping them understand what will happen next. While the Procurator Fiscal considers the evidence provided by Police Scotland and decides whether further legal action should be taken, other professionals continue to provide safeguarding, health, wellbeing, advocacy and emotional support. The level of involvement from each professional will vary depending on the circumstances of the case, the child's needs, and whether additional child protection, recovery, or Children's Hearings processes are taking place alongside the criminal justice process.

 

Professionals/individuals may include:

 

  • Police Scotland Officers
  • Specialist Child Protection Police Officers
  • Social Workers
  • Children's Reporter (SCRA)
  • Lead Paediatrician for Child Protection
  • Paediatricians and Medical Staff
  • Forensic Specialists (where required)
  • Mental Health Professionals
  • Therapeutic and Recovery Practitioners
  • Advocacy Workers
  • Education Staff (including teachers, pupil support staff, and head teachers)
  • Family Support Workers
  • Third Sector Support Organisations
  • Crown Office and Procurator Fiscal Service (COPFS) personnel
  • Parents and Carers (where appropriate)
  • Trusted Adults identified by the child or young person
  • Legal Representatives

Impacted by Police reporting mechanisms. Custody cases decisions made that day.

5) First Court Appearance

If the Procurator Fiscal decides there is enough evidence to proceed, the person accused of causing harm may be required to attend court for a first appearance. This is one of the earliest stages of the court process and is where legal procedures begin. During this hearing, the court considers the charges, hears from legal representatives and decides what should happen next.

If the alleged harmer’s bail is refused, they will be Committed for Further Examination and remanded in custody until their full committal hearing, usually within seven days.

The Justice Glossary can be accessed here.

While criminal justice proceedings are progressing through the court process, several child protection, wellbeing and recovery processes may continue at the same time. These processes focus on ensuring the child or young person's ongoing safety, health, emotional wellbeing, and recovery, regardless of the outcome of the court case. Professionals should ensure that support is not delayed while legal proceedings are ongoing, as court processes can often take many months to conclude. The child's needs may change over time, requiring regular review and coordinated multi-agency support. The exact processes involved will depend on the child's individual circumstances, level of risk, and identified needs.

 

This may include:

 

  • Ongoing Child Protection Planning Meetings
  • Ongoing Care and Risk Management Meetings
  • Adult Support and Protection Meetings
  • Multiagency risk assessment and safety planning
  • Regular involvement with the Team Around the Child
  • Scottish Children's Reporter Administration (SCRA) processes
  • Educational wellbeing planning and support within school
  • Attendance monitoring and educational support
  • Paediatric follow-up appointments and healthcare reviews
  • Mental health assessments and intervention
  • Child and Adolescent Mental Health Services (CAMHS)
  • Trauma-informed therapeutic support and recovery services
  • Advocacy support
  • Support for non-abusing parents, carers and siblings

Children and young people may worry about whether they will have to give evidence, answer more questions, or see the person accused of causing harm. They may find it difficult to understand legal terms, court processes and the length of time court proceedings can take. Waiting for updates can be frustrating and may leave them feeling powerless or forgotten. Some children may revisit feelings associated with the original harm, while others may feel emotionally exhausted after already speaking to police, social workers, or other professionals.

 

It is important that children and young people receive regular updates, age-appropriate explanations and opportunities to ask questions throughout this stage. Clear communication, reassurance, advocacy, and ongoing emotional support can help them feel informed, supported, and involved in decisions that affect them.

 

Children and young people may ask questions such as:

 

  • What happened at court?
  • Did the person who harmed me go to court?
  • What happens next?
  • Will I have to go to court?
  • Will I have to tell my story again?
  • Will I have to answer more questions?
  • Will the person who harmed me know what I said?
  • Will I have to see the person who harmed me?
  • How long will the court case take?
  • Why is everything taking so long?
  • How will I know what is happening?
  • Who will keep me updated?
  • Can someone come with me if I have to go to court?
  • What support is available for me while I wait?
  • What happens if I feel worried or upset?
  • What if I do not understand what is happening?
  • Can I ask questions about the court process?
  • Can I talk about my case on social media?
  • What happens if the person says they did not do it?
  • Will I be safe while the case is ongoing?
  • Who can I talk to if I am anxious about what might happen next?

Children and young people can be supported to obtain updates on their case from the Victim Information and Advice service.

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. The alleged harmer will hear 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. This is usually in 10-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.
  • Procurator Fiscal (COPFS)
  • Victim Information and Advice (VIA) Service staff
  • Police Scotland Officers
  • Specialist Child Protection Police Officers
  • Social Workers
  • Children's Reporter (if Children's Hearings involvement is also ongoing)
  • Safeguarding and Child Protection Leads
  • Paediatricians and other Health Professionals
  • Mental Health Professionals
  • CAMHS Practitioners
  • Trauma Recovery and Therapeutic Support Practitioners
  • Advocacy Workers
  • Family Support Workers
  • Third Sector Support Organisations
  • Education Staff (Teachers, Guidance Staff, Head Teachers, Additional Support Staff)
  • Court Support Workers
  • Defence Solicitor representing the accused person
  • Sheriff or Judge
  • Court Clerks and other Court Officials
  • Victim Information and Advice service
  • Non-abusing Parents and Carers
  • Trusted Adults identified by the child or young person
  • Other relevant professionals involved in the child's protection, wellbeing, recovery or support plan.
  • 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

During this stage, the Procurator Fiscal reviews all available evidence and continues to prepare the case for court. This includes organising witnesses, finalising the charges to be presented, preparing legal arguments and sharing relevant evidence with the defence. The Procurator Fiscal must consider whether there is sufficient evidence, whether further information is required and how the case should proceed through the court process.

Throughout this period, children, young people and their families may experience further waiting while legal preparations take place. Updates about the progress of the case are usually provided through the Victim Information and Advice (VIA) service, which supports children, young people and their families to understand what is happening and what to expect next. VIA can explain court processes, likely timescales and any significant developments in the case. Children and young people can ask questions about giving evidence, attending court or the support available to them. However, VIA cannot discuss evidence provided by the alleged harmer, defence strategy or information that could affect the fairness of the legal process.

The Justice Glossary can be accessed here.

While the Crown Office and Procurator Fiscal Service (COPFS) prepares the case for court, other services often continue to work alongside the justice process to ensure the child or young person remains safe, supported and able to recover from their experiences.

 

Professionals should remain mindful that children and young people are often managing multiple appointments, assessments and decisions at the same time as waiting for updates about the criminal justice process. Ongoing communication, coordination and information-sharing between agencies is important to reduce duplication, minimise re-traumatisation and ensure support remains focused on the child's individual needs and wishes.

 

It is also important to recognise that not all children and young people involved in the justice process will be receiving support from Social Work Services or be subject to formal child protection processes. Some may not meet thresholds for statutory intervention, while others may have needs that emerge or intensify during the significant waiting periods associated with criminal proceedings. Professionals should therefore consider how children and young people can access ongoing emotional, practical and therapeutic support, regardless of their involvement with statutory services. Attention should be given to ensuring that children and young people do not feel forgotten or "fall through the gaps" while awaiting decisions, court dates or outcomes. Clear communication, regular wellbeing check-ins and timely access to appropriate support services can help ensure that the child's recovery and wellbeing remain a priority throughout the justice journey.

 

Other processes may include:

 

  • Ongoing Child Protection Planning Meetings
  • Ongoing Care and Risk Management Meetings
  • Adult Support and Protection Meetings
  • Multiagency risk assessment and safety planning
  • Regular involvement with the Team Around the Child
  • Scottish Children's Reporter Administration (SCRA) processes
  • Educational wellbeing planning and support within school
  • Attendance monitoring and educational support
  • Paediatric follow-up appointments and healthcare reviews
  • Mental health assessments and interventions
  • Child and Adolescent Mental Health Services (CAMHS) involvement where appropriate
  • Trauma-informed therapeutic support and recovery services
  • Advocacy support to help the child understand and participate in decisions affecting them
  • Support for non-abusing parents, carers, and siblings

As part of their professional role, some practitioners may be asked to provide a statement or appear in court as a witness if they have observed an incident, been involved in the care or support of a child or family or hold information that is relevant to legal proceedings. Witnesses may be cited to attend criminal, civil, or Children's Hearing related proceedings, and there is a legal requirement to respond to a court citation.

 

Professionals should not manage this process alone. If asked to provide a statement or attend court, they should inform their line manager as early as possible and seek advice from appropriate senior colleagues, such as a Child Protection Nurse Advisor, legal services, information governance leads, or other designated managers.

 

Court guidance can be accessed here.

The case preparation stage can be a difficult period for children and young people because much of the work takes place behind the scenes. While professionals continue to prepare the case, there may be limited visible progress from the child or young person's perspective. This can lead to feelings of uncertainty, frustration and anxiety, particularly if significant time has passed since the disclosure was made.

 

Children and young people may be trying to balance everyday life, including school, relationships and family commitments, while continuing to think about what might happen next. Some may worry about attending court or giving evidence, while others may feel hopeful that the process is moving forward. If they hear that the alleged harmer has offered to plead guilty to some or all charges, they may feel relieved, confused, disappointed or uncertain about what this means for them and whether they will still need to be involved in court proceedings.

 

Children and young people may revisit difficult memories as they wait for updates and may become concerned that decisions are being made without their knowledge or involvement. Professionals and trusted adults should recognise that emotional reactions may change over time and that periods of waiting can be particularly challenging. Reassurance, clear communication and opportunities to ask questions can help children and young people feel more informed, included and supported throughout this stage of the justice process.

 

Children and young people may ask questions such as:

 

  • What is happening with my case now?
  • Why is it taking so long?
  • Has a decision been made yet?
  • When will I hear what happens next?
  • Will I have to go to court?
  • Will I have to see the person who harmed me?
  • Will I need to give evidence?
  • What happens if I do not want to give evidence?
  • Has the person who harmed me admitted what happened?
  • What does "pleading guilty" mean?
  • Why has the person pleaded guilty to some charges but not others?
  • What happens if the Procurator Fiscal does not accept the plea?
  • Will there still be a trial?
  • Who decides what happens next?
  • Can I find out what the other person is saying about me?
  • How will I be told about important decisions?
  • Who can I speak to if I am worried?
  • What support is available while I wait?
  • Can I change my mind about being involved?
  • Will my family be kept informed?
  • How much longer will this take?
  • What happens if the court date changes?
  • Will my school know what is happening?
  • What if I start feeling upset again?
  • Who can help me understand what is happening?
  • What will happen after the case is finished?

 

Children and young people may not always ask these questions directly. Their worries may instead be expressed through changes in behaviour, mood, attendance at school, relationships or engagement with services. Professionals and trusted adults should create regular opportunities for children and young people to ask questions, check their understanding of the process and ensure they receive timely, honest and age-appropriate information throughout this stage.

Following a review of the available evidence, the Crown Office and Procurator Fiscal Service (COPFS) will make decisions about how the case should proceed. As part of this process, the alleged harmer may offer to plead guilty to some or all the charges against them.

 

The Procurator Fiscal carefully considers any plea offer and decides whether it appropriately reflects the nature, seriousness and circumstances of the offending. In making this decision, the Crown will consider the evidence available, the public interest and the impact on those affected by the alleged crime.

 

Plea is accepted:

 

If the Crown accepts the plea offer, the accused will be given a date to attend court to formally enter their guilty plea. In most cases, the matter will then move directly to the sentencing stage, meaning there will not usually be a trial for those charges.

 

Plea is refused:

 

If the Crown decides that the plea offer does not adequately reflect the seriousness or circumstances of the alleged offending, it may reject the offer. In these circumstances, the case will continue through the court process and preparations for trial will proceed.

 

It is important to recognise that plea negotiations can change throughout the court process. An accused person may choose to change their plea at a later stage, including shortly before or during trial proceedings. If the accused later proceeds to trial and is convicted of an offence that they had previously offered to plead guilty to, the earlier plea offer may be taken into account by the court when sentence is being considered.
  • Procurator Fiscal (COPFS)
  • Victim Information and Advice (VIA) Service staff
  • Social Workers
  • Children's Reporter (if Children's Hearings involvement is also ongoing)
  • Safeguarding and Child Protection Leads
  • Paediatricians and other Health Professionals
  • Mental Health Professionals
  • CAMHS Practitioners
  • Trauma Recovery and Therapeutic Support Practitioners
  • Advocacy Workers
  • Family Support Workers
  • Third Sector Support Organisations
  • Education Staff (Teachers, Guidance Staff, Head Teachers, Additional Support Staff)
  • Court Support Workers
  • Defence Solicitor representing the accused person
  • Sheriff or Judge
  • Court Clerks and other Court Officials
  • Victim Information and Advice service
  • Non-abusing Parents and Carers
  • Trusted Adults identified by the child or young person
  • Other relevant professionals involved in the child's protection, wellbeing, recovery or support plan.

If the alleged harmer is in custody then within 80 days, if they are on bail 10 months.

7) Service of the Indictment

At this stage, COPFS formally notifies the accused of the charges that will proceed to trial. This is known as service of the indictment. The indictment is a legal document that sets out the charges against the accused and provides important information about the court process, including a list of witnesses and any documents, productions or other evidence the Crown intends to rely upon during the trial.

Once the indictment has been served, both the Crown and the defence continue to prepare their cases. The court timetable becomes clearer, and there is often greater focus on ensuring witnesses and those who have been harmed receive the information and support they need to understand what may happen next. During this period, legal discussions may continue and the accused may still decide to change their plea before the trial takes place.

The Justice Glossary can be accessed here.

While the case progresses through the court process, professionals and trusted adults should continue to consider the child or young person's wider safety, wellbeing and recovery needs. Importantly, many children and young people involved in the justice process will not have an allocated social worker, be subject to formal child protection or legal measures. In these situations, other professionals, including education staff, health professionals, third-sector organisations, youth workers and advocacy services, may play a particularly important role in providing ongoing support and maintaining regular contact.

The waiting period before a case comes to court can be lengthy and emotionally challenging. Children and young people may experience increased anxiety, changes in mood, difficulties at school, disrupted relationships or a renewed impact from the trauma they have experienced. Professionals across all agencies should remain alert to emerging wellbeing concerns, ensure children and young people have opportunities to talk about how they are feeling and escalate any new safeguarding or protection concerns through the appropriate multiagency processes. Regardless of whether statutory services are involved, ongoing support, regular wellbeing check-ins and access to recovery-focused services can help ensure that children and young people do not feel forgotten while awaiting the outcome of the justice process.

Other processes may include:

  • Ongoing Child Protection Planning Meetings
  • Ongoing Care and Risk Management Meetings
  • Multiagency risk assessment and safety planning
  • Regular involvement with the Team Around the Child
  • Scottish Children's Reporter Administration (SCRA) processes
  • Educational wellbeing planning and support within school
  • Attendance monitoring and educational support
  • Paediatric follow-up appointments and healthcare reviews
  • Mental health assessments and interventions
  • Child and Adolescent Mental Health Services (CAMHS) involvement where appropriate
  • Trauma-informed therapeutic support and recovery services
  • Advocacy support to help the child understand and participate in decisions affecting them
  • Support for non-abusing parents, carers, and siblings.

Following the service of the indictment, the child or young person may become more aware that the case is moving closer to a court hearing. For some, this can bring reassurance that progress is being made and that their disclosure is being taken seriously. For others, it may increase feelings of anxiety, uncertainty or worry about what happens next. They may be thinking more about giving evidence, seeing people involved in the case again, or how long they will need to wait before the court reaches a decision. The continued uncertainty and anticipation can be emotionally tiring, and children and young people may need reassurance, clear information and ongoing support from trusted adults and professionals throughout this stage.

Children and young people may ask questions such as:

  • What does "service of the indictment" mean?
  • Does this mean my case is definitely going to court?
  • Will I have to give evidence?
  • When will the trial happen?
  • How long will I have to wait?
  • Will the person who harmed me know what I have said?
  • Can the person still plead guilty?
  • What happens if they change their plea?
  • Will I have to see the accused in court?
  • Who will support me if I have to attend court?
  • Can I visit the court before the trial?
  • How will I be told about any changes to the case?
  • What if I feel worried or upset while I am waiting?
  • Can I talk to someone about my concerns?
  • Will my family be kept informed?
  • What happens if the trial date changes?
  • How long will it take for a decision to be made?
  • What support is available to help me cope while I wait?

Children and young people may not always ask these questions directly. Their worries may instead be expressed through changes in behaviour, mood, attendance at school, relationships or engagement with services. Professionals should create regular opportunities for children and young people to ask questions, check their understanding of the process and ensure they receive timely, honest and age-appropriate information throughout this stage.
  • Procurator Fiscal (COPFS)
  • Victim Information and Advice (VIA) officer
  • Police Scotland officers
  • Defence Solicitor or Defence Legal Team
  • Sheriff or Judge
  • Court officials and administrative staff
  • Scottish Courts and Tribunal Service staff
  • Advocacy workers
  • Social Worker
  • Lead professional
  • Paediatricians or other health professionals
  • CAMHS practitioners
  • Education staff
  • Educational psychologists
  • Third sector support workers
  • Victim support services
  • Parents, carers and trusted Adults
  • Family support workers
  • 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)

The First Diet (in Sheriff Court cases) or Preliminary Hearing (in High Court cases) is an important stage in the court process that takes place before the trial. The purpose of this hearing is to establish whether both the Crown and the defence are ready for the case to proceed and to identify any outstanding issues that need to be addressed before the trial begins.

 

The First Diet or Preliminary Hearing takes place in a public courtroom and members of the public may attend. Witnesses, including children and young people, are not normally required to attend these hearings. If a child or young person is expected to give evidence, the court may make arrangements for an Evidence by Commissioner hearing, where their evidence is recorded in advance of the trial. This approach aims to reduce the stress associated with attending court and supports children and young people to provide their best evidence.

The Justice Glossary can be accessed here.

During this stage, some children and young people may continue to be involved in other child protection, wellbeing or recovery processes, such as a Child Protection Plan, Children's Hearings, therapeutic support, health appointments or school-based wellbeing supports. However, for many children and young people, there may be no formal child protection or statutory interventions in place. The level of support available will depend on the child's individual circumstances, identified needs and the services involved in their life.

 

Regardless of whether formal support arrangements are in place, professionals and trusted adults should recognise that the First Diet or Preliminary Hearing can act as a significant stressor for children and young people. As the reality of a potential trial becomes clearer, some may experience increased anxiety, uncertainty or worries about the future. Children and young people who have previously appeared to be coping well may begin to experience difficulties with their emotional wellbeing, relationships, behaviour, sleep, concentration or engagement in school and other activities.

 

Professionals should also consider the wider impact of court proceedings on parents and carers. This may include situations where a non-abusing parent or carer has been identified as a witness and may be required to provide evidence, as well as circumstances where their child or young person has been accused of perpetrating significant harm. Managing their own emotional response to the investigation and court process, while continuing to support their child, can place significant pressure on parenting capacity. Parents and carers may experience a range of emotions, including anxiety, distress, uncertainty, shock, guilt, shame, anger, grief, or feelings of isolation. They may also face financial pressures associated with attending court, concerns about the outcome of proceedings, and uncertainty regarding their child's future. These pressures may affect their ability to provide consistent emotional support and stability, whether they are supporting a child or young person who has experienced harm or a child or young person who has been accused of causing harm. Professionals should remain mindful of these impacts and consider what support may be required to help parents and carers navigate the legal process while maintaining their caring and protective role.

 

Professionals and trusted adults across all agencies should remain attentive to changes in wellbeing, provide opportunities for children and young people to share concerns and consider whether additional support may be required. Early recognition of emerging difficulties, regular wellbeing check-ins and timely access to appropriate support services can help ensure children and young people remain supported throughout this stage of the justice journey.

 

Other processes may include:

 

  • Ongoing Child Protection Planning Meetings
  • Ongoing Care and Risk Management Meetings
  • Adult Support and Protection Meetings
  • Multiagency risk assessment and safety planning
  • Regular involvement with the Team Around the Child
  • Scottish Children's Reporter Administration (SCRA) processes
  • Educational wellbeing planning and support within school
  • Attendance monitoring and educational support
  • Paediatric follow-up appointments and healthcare reviews
  • Mental health assessments and interventions
  • Child and Adolescent Mental Health Services (CAMHS) involvement where appropriate
  • Trauma-informed therapeutic support and recovery services.
  • Advocacy support to help the child understand and participate in decisions affecting them
  • Support for non-abusing parents, carers, and siblings

Although children and young people will not attend the First Diet or Preliminary Hearing, they are often aware that important decisions are being made about their case. They may want to know whether the case is moving forward, whether they will need to attend court and how the decisions made at this hearing could affect them. As the possibility of a trial becomes more real, children and young people may seek reassurance about what will happen next, who will support them and whether anything has changed since they last received an update. Clear, honest and age-appropriate communication can help reduce uncertainty and ensure they feel informed and supported during this stage.

 

Children and young people may ask questions such as:

 

  • What happened at the hearing?
  • Did the accused plead guilty or not guilty?
  • Why did the accused plead not guilty? Will people not believe me now?
  • What does that mean for me?
  • Is my case still going to trial?
  • Will I still have to give evidence?
  • Do I need to attend court?
  • Has a trial date been set?
  • How much longer will I have to wait?
  • Why does the process take so long?
  • Has anything changed since the last update?
  • What happens next?
  • Will I be told when important decisions are made?

Children and young people may not always ask these questions directly. Their worries may instead be expressed through changes in behaviour, mood, attendance at school, relationships or engagement with services. Professionals should create regular opportunities for children and young people to ask questions, check their understanding of the process and ensure they receive timely, honest and age-appropriate information throughout this stage.

During this hearing, legal representatives discuss the progress of the case with the court. The accused may decide to change their plea and plead guilty at this stage. If a guilty plea is accepted, the case may move directly to sentencing, which could mean that the child or young person is no longer required to give evidence. If the accused continues to plead not guilty, the court will confirm arrangements for the trial and ensure both parties are prepared for the next stage of proceedings.
  • Procurator Fiscal (COPFS)
  • Victim Information and Advice (VIA) officer
  • Police Scotland officers
  • Defence Solicitor or Defence Legal Team
  • Sheriff or Judge
  • Court officials and administrative staff
  • Scottish Courts and Tribunal Service staff
  • Advocacy workers
  • Social Worker
  • Lead professional
  • Paediatricians or other health professionals
  • CAMHS practitioners
  • Education staff
  • Educational psychologists
  • Third sector support workers
  • Victim support services
  • Parents, carers and trusted Adults
  • Family support workers

Usually 1–3 months after indictment.

9) Trial Diet

A Trial Diet is the court hearing where the evidence in a case is presented and examined before a decision is made about whether the accused is guilty or not guilty. During the trial, the Crown presents evidence and calls witnesses to give evidence, while the defence can challenge that evidence and present its own case.

Where a child or young person is required to give evidence, this will often take place in advance of the trial through an Evidence by Commissioner hearing. This is recognised as a special measure designed to support children and other vulnerable witnesses to provide their evidence in a more suitable environment. The recorded evidence is then presented during the trial. Only in exceptional circumstances would a child or young person be expected to give evidence during the Trial Diet itself.

The Justice Glossary can be accessed here.

As the case moves to the Trial Diet stage, professionals will continue to consider the child's wider safety, wellbeing and recovery needs alongside the criminal justice process. While some children and young people may be involved in formal child protection processes, receive support through a Child's Plan or access therapeutic services, others may have no statutory involvement at all. Regardless of the level of formal intervention, this stage can be particularly challenging as the prospect of giving evidence and the outcome of the case become more immediate.

 

For children and young people who are due to provide evidence, professionals will work together to plan both the emotional and practical support required before, during and after their evidence is given. This is particularly important where evidence is being provided through a Commissioner-led process (Evidence by Commissioner), as children and young people may require preparation to understand what will happen, reassurance about the environment and support to manage anxiety before and after giving their evidence. Although evidence given by commission is intended to reduce the stress associated with attending a trial, many children and young people may still experience heightened emotions as they prepare for this important stage.

 

Professionals and trusted adults should also remain mindful of the impact on parents and carers, particularly where they are supporting a child through the justice process while managing their own emotional response to the case. The wellbeing of the wider family can have a significant influence on the child's ability to cope during this period.

 

This could include:

 

  • Ongoing Child Protection Planning Meetings
  • Ongoing Care and Risk Management Meetings
  • Multiagency risk assessment and safety planning
  • Regular involvement with the Team Around the Child
  • Scottish Children's Reporter Administration (SCRA) processes
  • Educational wellbeing planning and support within school
  • Attendance monitoring and educational support
  • Paediatric follow-up appointments and healthcare reviews
  • Mental health assessments and interventions
  • Child and Adolescent Mental Health Services (CAMHS) involvement where appropriate
  • Trauma-informed therapeutic support and recovery services.
  • Advocacy support to help the child understand and participate in decisions affecting them
  • Support for non-abusing parents, carers, and siblings

The Trial Diet stage can be one of the most significant and emotionally demanding parts of the justice journey. Children and young people may experience a wide range of emotions, including anxiety, fear, uncertainty, frustration, relief or even hope that the case is moving towards a conclusion. Some children and young people may worry about discussing difficult experiences, being asked questions about what happened, or whether people will believe them. Others may feel overwhelmed by the attention the case is receiving or exhausted by the length of time they have been involved in the process.

 

Even where evidence is being given through an Evidence by Commissioner hearing rather than in a courtroom, children and young people may still feel nervous about the experience and have concerns about what will happen before, during and afterwards. It is important to recognise that emotional responses may not always be obvious. Children and young people who have appeared to be coping well throughout the investigation may experience increased distress as the date for giving evidence approaches. Clear information, preparation, reassurance and access to trusted support can help children and young people feel more confident, informed and supported during this stage.

 

Children and young people may ask questions such as:

 

  • When will I give my evidence?
  • What will happen when I give my evidence?
  • Who will be there?
  • Will I have to see the person who harmed me?
  • What is Evidence by Commissioner?
  • Why am I giving my evidence this way?
  • What kinds of questions will I be asked?
  • What if I cannot remember something?
  • What if I become upset while giving my evidence?
  • Can I take a break if I need one?
  • Who will support me before and after I give my evidence?
  • Will anyone believe me?
  • Have other people already given evidence?
  • What happens after I give my evidence?
  • Will I need to give evidence again?
  • Will I have to go to court later?
  • How will I find out what happens in the case?
  • When will a decision be made?
  • What happens if the accused is found guilty?
  • What happens if the accused is found not guilty?
  • Can I still get support after the case is finished?
  • Who can I speak to if I am worried or have questions?

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: ‘guilty’ and ‘not guilty’. The ‘not proven’ verdict was removed on 01 January 2026. If the alleged harmer is found ‘not guilty’, this means that he/she 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.
  • Sheriff, Judge or Jury
  • Procurator Fiscal (COPFS)
  • Advocate Depute
  • Defence solicitor, solicitor Advocate or Advocate
  • Alleged harmer
  • Court clerks and court officials
  • Commissioner
  • Scottish Courts and Tribunal staff
  • Victim Information and Advice (VIA) officer
  • Witness support staff
  • Police Scotland officers
  • Forensic specialists
  • Paediatricians and medical professionals
  • Psychologists or other expert witnesses
  • Interpreters or communication support workers
  • Advocacy workers
  • Social worker
  • Lead professional
  • CAMHS practitioners, psychologists, counsellors or therapists
  • Education staff
  • Educational psychologists
  • Third Sector Support Workers
  • Victim Support Scotland staff
  • Family support workers
  • Parents, carers and trusted Adults
  • Non-abusing parent or carer witnesses

Must begin within 12 months of indictment unless extended.

10) Sentencing

Sentencing is the stage of the criminal justice process that takes place after an alleged harmer has been found guilty or has pleaded guilty to an offence. Depending on the circumstances, a child, young person or their representative may be able to provide information about the impact the offence has had on them through the Victim Statement process. This information can assist the court in understanding the consequences of the offending, although sentencing decisions remain a matter for the Sheriff or Judge.

The Justice Glossary can be accessed here.

By the sentencing stage, many of the justice-related decisions have been made; however, the child or young person's need for support may continue or even increase. Sentencing can bring a range of emotional responses, including relief, validation, disappointment, confusion or frustration, depending on the outcome and whether it aligns with the child or young person's expectations. Some children and young people may hope that sentencing will bring closure, while others may find that it marks the beginning of a new phase of recovery and adjustment.

 

Professionals should recognise that the impact of trauma and involvement in the justice process does not end when a sentence is imposed. Ongoing assessment of wellbeing, recovery needs and safety should continue. Attention should be paid to children and young people who may not be involved with statutory services, as they may rely on support from education, health, advocacy or third-sector organisations. Professionals should also consider the impact of the outcome on parents, carers and family relationships, and whether additional support is required to help the family move forward.

 

This could include:

 

  • Ongoing Child Protection Planning Meetings
  • Ongoing Care and Risk Management Meetings
  • Multiagency risk assessment and safety planning
  • Regular involvement with the Team Around the Child
  • Scottish Children's Reporter Administration (SCRA) processes
  • Educational wellbeing planning and support within school
  • Attendance monitoring and educational support
  • Paediatric follow-up appointments and healthcare reviews
  • Mental health assessments and interventions
  • Child and Adolescent Mental Health Services (CAMHS) involvement where appropriate
  • Trauma-informed therapeutic support and recovery services.
  • Advocacy support to help the child understand and participate in decisions affecting them
  • Support for non-abusing parents, carers, and siblings

The sentencing stage can bring a mixture of emotions for children and young people. By this point, they may have been involved in the justice process for many months, and the uncertainty, waiting, and repeated discussions about what happened can be emotionally exhausting. Some children and young people may feel relieved that the court process is nearing an end and that a decision has finally been made. Others may feel anxious about what sentence will be given and whether it will keep them safe.

 

Children and young people can also experience disappointment, frustration, confusion, anger, or sadness if the sentence is different from what they expected. Some may struggle to understand why the court's decision does not reflect the impact the harm has had on them or their family. Even when a sentence is imposed, the emotional impact of what happened and the child's recovery journey may continue long after the court process has ended.

 

Sentencing decisions can also have a significant impact on the wider family. Children and young people may be worried about how parents, carers, siblings, or other important adults are coping with the outcome. When the harmer is a family member, relative, or someone known to the family, sentencing can create additional challenges, including changes to family relationships, living arrangements, finances, contact arrangements and support networks. Some children and young people may feel torn between different family members or experience feelings of guilt, responsibility, loyalty or loss.

 

Professionals and trusted adults should also consider the possible impact on parenting capacity. Parents and carers may be managing their own emotional responses to the sentencing outcome or placement decision while continuing to support the child or young person. They may experience stress, anxiety, grief, anger, exhaustion, or practical pressures arising from the court's decision. Where a child or young person is placed in secure care, parents and carers may additionally experience feelings of loss, separation, guilt, worry, uncertainty, or helplessness as they adjust to changes in family life and concerns about their child's wellbeing, safety, and future. They may also face practical challenges associated with maintaining contact, attending reviews, or travelling to visit their child. In some circumstances, parents or carers may have also participated in proceedings as witnesses, adding further emotional strain. These factors can affect a caregiver's ability to provide consistent emotional support at a time when the child or young person may need reassurance, stability, and help to make sense of what has happened. Professionals should remain mindful of these pressures and consider what support may be required to help parents and carers maintain positive relationships and continue their caring role throughout the period of secure care.

 

Professionals should recognise that children and young people may have very different reactions to sentencing. Feelings can change over time, and some may require ongoing emotional, practical, or therapeutic support following the conclusion of court proceedings, regardless of the outcome.

 

Children and young people may ask questions such as:

 

  • What sentence did the court give?
  • What does that sentence mean?
  • Why was that sentence chosen?
  • Is the court case finished now?
  • Will the accused go to prison?
  • How long will they be in prison for?
  • What happens if they do not go to prison?
  • Will they be allowed to contact me or my family?
  • What happens if I see them again?
  • Am I still safe?
  • Why wasn't the sentence longer?
  • Why does the sentence seem different from what I expected?
  • Did the judge believe me?
  • Did what I said make a difference?
  • Does this mean what happened was serious?
  • What happens next for me?
  • Will I still get support now the court case is over?
  • Who can I talk to if I feel upset or confused?
  • How will this affect my family?
  • Why is my parent/carer upset?
  • Will things change at home now?
  • Will we have to move house or change schools?
  • What happens if my parent or carer is finding things difficult?
  • Who can help my family cope with what has happened?
  • When will life start to feel normal again?

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 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. This decision will be made entirely by Sheriff/Judge on immediate sentencing.
  • Sheriff, Judge or Jury
  • Procurator Fiscal (COPFS)
  • Advocate Depute
  • Defence solicitor, solicitor Advocate or Advocate
  • Accused person
  • Court clerks and court officials
  • Commissioner
  • Scottish Courts and Tribunal staff
  • Victim Information and Advice (VIA) officer
  • Paediatricians and medical professionals
  • Interpreters or communication support workers
  • Advocacy workers
  • Social worker
  • Lead professional
  • CAMHS practitioners, psychologists, counsellors or therapists
  • Education staff
  • Educational psychologists
  • Third Sector Support Workers
  • Victim Support Scotland staff
  • Family support workers
  • Parents, carers and trusted Adults
  • Non-abusing parent or carer witnesses

Background report 4 weeks to prepare.

Overall Journey Times

High Court cases

34 months (median).

Sheriff Solemn cases

17 months

Trauma Support Directory