Who’s who in Court?

The judge or sheriff

  • The judge or sheriff ensures that the law is complied with
  • In the High Court, and in serious cases in the Sheriff Court, if the accused person denies the charges a jury will hear the evidence and decide whether he or she is guilty. In less serious cases the sheriff decides without a jury whether the accused is guilty or not
  • The judge or sheriff is responsible for sentencing if it is established that the person charged with the crime is guilty
  • The judge or sheriff normally sits at the head of the courtroom on a raised platform, commonly known as the "Bench"

The prosecutor

The prosecutor presents the case against the person charged with the crime. The Lord Advocate, or one of his or her deputes, does this in the High Court. The local Procurator Fiscal, or one of his or her deputes, does this in the Sheriff Court. The Prosecutor normally sits at the left-hand side of the table in front of the "Bench".

The accused

The person who has been charged with the crime is commonly known as the "accused".

The accused’s solicitor

The accused may represent her or himself, but is normally represented by a solicitor. The accused’s solicitor will normally sit at the right hand-side of the table in front of the "Bench". The solicitor conducts the case on behalf of the accused. If the guilt of the Accused is established, the solicitor will give background information on the Accused to the judge or sheriff.

The jury

If the accused denies the charges, a trial is held. At the trial evidence is heard to determine whether he or she is guilty. In serious cases a jury hears the evidence. The jury is made up of fifteen members of the public chosen at random from the electoral register.

Members of the public asked to attend court for jury selection sit in the public area of the courtroom. If they are chosen for jury service they will sit in the jury box. This reserved seating is usually at one side of the courtroom, near the judge/sheriff.

The witnesses

Witnesses come to court as either Crown witnesses, which means the prosecutor calls them, or defence witnesses, which means the accused (or his or her solicitor) calls them.

When witnesses arrive at the courthouse, reception staff will tell them where to wait until they are called to give their evidence. Witnesses must stay outside the courtroom until their name is called.

When they are called into court, the witnesses will be asked to stand in the witness box to give evidence. The witness box is normally at the side of the courtroom, near the judge/sheriff. If a witness is unable to stand to give evidence they should ask the judge/sheriff if they can sit down.

Once in the witness box, the witness will be asked to take an oath to tell the truth. If a witness prefers not to swear an oath, he or she may ask to affirm that they will tell the truth.

The prosecutor will question witnesses to build up a picture of the crime. The accused’s solicitor will also question the witnesses, for example, to test what they remember, or to suggest an alternative explanation. If the accused has no solicitor, he or she may question the witnesses directly, in certain circumstances.

Once all the prosecutor’s witnesses have been questioned, the accused may give evidence personally, and may also call additional witnesses to help in establishing his or her innocence. The prosecutor can also question the defence witnesses.

After giving evidence, witnesses:

  • will be told by the judge/sheriff whether they are free to leave the court, or whether they may have to give more evidence and must therefore stay in the court
  • may, if they wish, sit in the courtroom to hear the rest of the case
  • must not return to the witness waiting room after giving evidence in court
  • must not discuss their evidence with other witnesses who have not yet given their evidence

The police

In most courtrooms there will be at least ne police officer. He or she helps maintain order in the courtroom.

Court officials

  • The Clerk of Court calls the cases, records the court proceedings, and advises court users on court procedures. He or she normally sits at the table in front of the judge/sheriff, facing into the courtroom
  • The Court Officer, or Macer in the High Court, calls the accused and witnesses into the courtroom. He or she will show them where to sit or stand, and helps maintain order in the courtroom

Both the Court Officer/Macer and Clerk of Court can advise you if you have any queries about what is happening, or any complaints about how you are being treated, but you should avoid interrupting them when they are involved in court duties.

The public

Most cases are open to the public. The public seating is usually at the back of the courtroom, behind the dock and facing the judge/sheriff.