Information for Bereaved Familiesand Friends Following Murder

or Culpable Homicide

Information for Bereaved Familiesand Friends Following Murderor Culpable Homicide

© Crown copyright 2004

ISBN: 0-7559-4304-X

Scottish ExecutiveSt Andrew’s HouseEdinburghEH1 3DG

Produced for the Scottish Executive by Astron B37020 11/04

Published by the Scottish Executive, November, 2004

Further copies are available fromBlackwell’s Bookshop53 South BridgeEdinburghEH1 1YS

The text pages of this document are printed on recycled paper and are100% recyclable.

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Introduction

If someone close to you has been murdered, or if you arecaring for someone who has been bereaved by murder orculpable homicide, then you may find the information in thispack helpful.

If you are in this situation, you are unlikely to know what toexpect. This pack gives you information about what happensnext, the procedures involved, how long they might take andwhy. It has been prepared with the help of people who havebeen through a similar experience. It includes information about:

• how the police, Procurators Fiscal (prosecutors) and courtswork

• some of the arrangements you may have to make• the help and support available to you.

The pack covers a lot of topics but you do not have to readeverything straight away. Your police Family Liaison Officer(FLO) will explain what you need to be aware of now, and you can refer to other sections when you need to.

The pack is intended to give you basic information about thesorts of questions you might have at this difficult time. If youfind you need more detailed information about certain issues,contact details are given for a range of organisations,including those that can offer you support (see section 7).

Some of the language used in the pack reflects legal termsthat you may not have come across before. They have beenincluded because you may hear them during the investigationor trial. The terms are explained briefly where they come upin the pack and more fully in section 8.

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If you have been bereaved within the last few hours, youmay find it helpful to read the section “What you need toknow now.”

You might also want to:

• keep a note of the names, addresses and phone numbersof the main people you might need to speak to about whatis happening (you can do this in section 1.1. Your FLO canhelp you fill in the details)

• write down questions you want to ask or information youhave been given (there is space for notes at the end of thepack)

• keep copies of any letters in a safe place

If you have any questions about anything you read in thepack, ask your FLO. Your Victim Information and AdviceOfficer (see section 1.3) or one of the support organisationswill also be able to help. If they cannot give you an answerstraight away, they will try and get an answer for you asquickly as they can.

You may also want to have a look at the leaflet “Copingwith grief” that accompanies this pack.

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Contents

PageSection 1 Important Contacts

1.1 Key contacts for keeping in touch 11.2 The police Family Liaison Officer (FLO) 41.3 The Victim Information and Advice (VIA) Officer 6

Section 2 What you need to know now

2.1 Identifying the deceased person 92.2 Seeing the person 102.3 Telling people about the death 112.4 Personal possessions and property 122.5 The post mortem 142.6 Coping with the media 162.7 Funeral arrangements 19

Section 3 The criminal investigation

3.1 The police investigation 233.2 Gathering evidence 233.3 How long will the police investigation take? 243.4 The police report 243.5 The role of the Procurator Fiscal 253.6 Deciding on charges 273.7 Definition of murder and culpable homicide 283.8 After a decision to prosecute is made 29

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Section 4 The criminal prosecution

4.1 Attending court 314.2 Accused’s appearance in the Sheriff Court 324.3 Bail 344.4 The High Court 364.5 The trial 384.6 If you are asked to be a witness 394.7 Support from the Witness Service

(including pre-trial visits) 404.8 What to expect from a court case 414.9 Witness intimidation 444.10 Special measures for vulnerable or

intimidated witnesses 444.11 Expenses to attend court 464.12 Verdicts 474.13 Sentencing 484.14 Mentally disordered offenders 484.15 Victim statements 504.16 Appeals by a convicted person 514.17 Appeals by the prosecution 524.18 Bringing a private prosecution 524.19 Civil action 52

Section 5 What happens after the sentence hasbeen passed?

5.1 The Victim Notification Scheme 535.2 How long will the offender be in prison? 555.3 Consideration for release 555.4 Concerns after the prisoner has been released 56

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Section 6 Practical Issues

6.1 How to register a death 576.2 Murders committed in other countries 586.3 Claiming criminal injuries compensation 616.4 Legal aid 636.5 Benefits 646.6 Wills 656.7 Who do you need to tell about the death? 666.8 Stopping unwanted mail 676.9 Debts 686.10 If you have any concerns about the criminal

justice system 69

Section 7 Useful organisations and support

7.1 Services provided by Victim Support Scotland 717.2 Self-help and other support groups 737.3 Religious organisations 777.4 Other sources of help 77

Section 8 Understanding the legal process and terms

8.1 Flowchart showing the investigation andprosecution process 78

8.2 Explanation of legal terms 80

Imp

ortant C

ontacts

Section 1Important Contacts1.1 Key contacts for keeping in touch1.2 The police Family Liaison Officer (FLO)1.3 The Victim Information and Advice (VIA) Officer

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Important Contacts

1.1 Key Contacts for Keeping in Touch

You can use this section to help you keep a note of thenames, addresses and phone numbers of the main peopleyou might need to speak to about what is happening.

Police

For advice and information about the progress of theinvestigation and the legal system in general:

The police Family Liaison Officer (FLO):

Duty hours contact number:

Out of hours office contact:

For registering concerns or complaints about the investigation:

The Senior Investigating Officer (SIO):

Postal address and telephone number:

The Procurator Fiscal (PF)

For advice about the criminal prosecution (and the postmortem, its outcome and likely timing of release of the body for the funeral):

The Procurator Fiscal:

Telephone number:

Victim Information and Advice (VIA) service

For information about the progress of the criminal prosecution:

Victim Information and Advice (VIA) Officer:

Telephone number:

Support Organisations

For practical help and information and someone to talk to in confidence:

Your local Victim Support Scotland (VSS) service:

Telephone number:(or the VSS national helpline on 0845 603 9213 or0845 30 30 900)

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For support from groups who may have been through similarsituations:

Families of Murdered Children (FOMC):

Helpline: 01698 33664624 hour contact: 0777 562 6779www.fomc.org.uk

People Experiencing Trauma and Loss (PETAL):(for those affected by murder and suicide)

Telephone helpline: 01698 324502E-mail: help@petalsupportgroup.fslife.co.uk

Other:

Your GP

You may also find it helpful to keep your GP’s contact detailsin this section:

GP:

Telephone:

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1.2 The Police Family Liaison Officer

Who is the Family Liaison Officer (FLO)?

Very soon after a death you will be introduced to a speciallytrained police officer known as a Family Liaison Officer (FLO).He or she has received training about the needs of peoplebereaved in circumstances like yours. FLOs are alsoexperienced investigators.

Your FLO will provide you with a telephone number or numberswhere you will be able to contact them, and they will tell youwhen they will be available. They will work with you throughoutthe police investigation and may be assisted by other FLOs.

What is the role of the FLO?

The FLO acts as a contact point between you and the SeniorInvestigating Officer (SIO) who has the job of directing allparts of the investigation. The FLO is part of the investigationteam and has specific tasks to carry out. They have two mainfunctions:

• To gather all available information from you and otherfamily members about the deceased person and to passthat information on to the SIO; and

• To act as a point of contact between you and the SIO, and tokeep you updated about developments in the investigation.

The FLO will also:

• help you with immediate tasks, such as identifying the body

• keep you informed about the progress of the investigation

• with your consent, ensure you are referred to your localvictim support service or other voluntary group

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• during the police investigation, provide you with advice andguidance about how the criminal justice system works

• help you to manage any media interest in the case

• help answer any questions you may have, or direct youtowards someone else who can help.

If your family is estranged or separated, the FLO will arrangeto notify other people of the death. They will do this either onyour behalf or because the relationship of the other people tothe deceased means they are entitled to information.

Will the FLO be involved throughout proceedings?

The FLO will work with you for a limited time and then handover the liaison role to those who will prosecute the case.More details of how and when this will be done are given inthe next section.

Liaison between the FLO and those who will prosecuteany criminal case

From an early stage, the FLO will liaise with the VictimInformation and Advice (VIA) service. VIA is part of theScottish prosecution service, called the Crown Office andProcurator Fiscal Service (COPFS). The next section givesmore information about the VIA service and the arrangementsfor liaison between the FLO and the VIA Officer.

There is space in section 1.1 for you to write down theFLO’s telephone number.

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1.3 The Victim Information and Advice (VIA) Officer

Who is the VIA Officer?

The VIA Officer is there to update you about progress on thecase and refer you to organisations that can provide counsellingand support if that would be helpful.

When your case is referred to the Procurator Fiscal, a VIAOfficer will be assigned to provide you with information andadvice about what is happening. Because they work for theProcurator Fiscal, they have direct access to information aboutthe case.

What is the role of the VIA Officer?

Your VIA Officer will be able to advise the FLO of the outcomeof preliminary court proceedings. For example, they will explainif the accused is in custody or has been released.

The FLO will withdraw from the case and pass responsibilityfor giving you information to the VIA Officer. When this happenswill depend on the circumstances of the case. It may be afterthe funeral, after the accused first appears in court, or it maybe later if police investigations have not been completed.

A meeting will be held so that you can meet the VIA Officerbefore the FLO withdraws from the case. Until that meetinghas taken place, all liaison with you will be through the FLO.

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VIA Officers provide information and advice up to the end ofthe criminal case, including any appeal. After this, they will onlybe able to assist where families are seeking further informationabout what happened in court. However, VIA can give youinformation about sources of support that can help after thecourt case is over (see also section 7).

To find out more about VIA, call 01382 341185 or go towww.crownoffice.gov.uk click on “information” and then“Are you a victim of crime?”

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Section 2What you need to know now2.1 Identifying the deceased person2.2 Seeing the person2.3 Telling people about the death2.4 Personal possessions and property2.5 The post mortem2.6 Coping with the media2.7 Funeral arrangements

What yo

u need to

know

now

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What you need to know nowThe next few pages will tell you things you may want to knowstraight away.

2.1 Identifying the deceased person

After someone has died, they are taken to a hospital mortuaryor a local authority mortuary.

The next step is a post mortem to establish the cause ofdeath. Before the post mortem can take place, the deceasedperson must be identified by two people who knew them. Itis not essential that next-of-kin is one of them. Identificationis often done using a video link.

If you are not one of the people who makes the identification,you can still choose whether or not to see the person at alater time. You can discuss this with your FLO.

There are times when, because of the injuries sustained bythe person, the police cannot positively identify them. Inthese cases, identification is made by other methods such asdental records, fingerprints and DNA from, for example, ahair brush or toothbrush. In some cases DNA samples takenfrom mouth swabs of blood relatives might be required. YourFLO will explain the reasons for these and how they are usedto identify the victim.

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2.2 Seeing the person

Deciding whether to see someone who has died is difficultenough in ordinary circumstances. If they have been killed ina violent way, this may make the decision even more difficult.You may be worried about how the person will look becauseof the circumstances of their death. The police may be ableto tell you the nature of the injuries but they will not normallybe able to discuss them in any detail.

Some information may have to be held back so that it doesnot affect (prejudice) the prosecution case. The police will tellyou if they are having to withhold information from you andwhy. It is important you are aware that this is happening andthat more information may come out during the trial.

Being worried or apprehensive about seeing your loved oneis perfectly normal. You may feel that they will seem artificial.Or you may not want your last memory of them to be in acoffin or at the mortuary. You may choose to say goodbye orremember someone as they were.

If you do decide to see the person, you should expect themto feel cold to the touch. In most cases, you will not be ableto touch the person until their body is released for burial orcremation.

Seeing your loved one can be the first step towards handlinggrief and helping you face the reality of death. Some peoplewho decide not to see their loved one can find it harder toaccept their death.

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It may be that you are unable to see the person until after apost mortem has been carried out. This is because forensicevidence is often found on the person’s clothes and bodyduring the post mortem. This may help to identify and convicta suspect so it is important that the evidence is preserved.Your Family Liaison Officer will explain if you can or cannotsee the person, and if you can see them, whether you cantouch them or not.

2.3 Telling people about the death

The police will try to inform the next-of-kin about a death asquickly as possible. They may not know everyone whoshould be contacted, so let them know if there is someoneyou think they should contact on your behalf. Or you maywant to contact people yourself.

As indicated in section 1.2, if your family is estranged orseparated, the FLO may need to tell other people about thedeath because of their relationship to the deceased person.

Losing someone in these circumstances is shattering.Organisations which can offer support are listed insection 7 and there is space in section 1.1 for you tokeep a note of their contact details.

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2.4 Personal possessions and property

Personal possessions

Part of the police investigation will be to gather forensicevidence. This is the scientific evidence collected from thecrime scene, the body of the deceased and from other people.This may mean the police need to take away personalpossessions which belonged to your loved one. This caninclude clothes and jewellery. Your FLO will tell you thereason for this.

Some of the items may be needed as evidence in a prosecution.They will usually be returned after the trial (or after an appeal,if there is one). It may not always be possible to returneverything to you as some items may be contaminated andunsafe. You should let your FLO know of any items which areparticularly precious to you and every effort will be made toreturn them to you. Your FLO will also tell you if any of theproperty is damaged, or has been altered so that it can beused as evidence. You can then decide whether you want tohave that item returned.

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If possessions are to be used as evidence in a prosecution,they may not be returned for some time. They will normallybe returned after the trial is finished but, if there is anappeal, their return may be delayed. If no one is chargedin relation to the death, the police may need to keep someitems – such as clothing worn by the victim – indefinitely.

What if the crime happened in my house?

The police may take possessions from the house if they arerelevant to the investigation. They will have to seal the propertywhile evidence is gathered. This may mean you will not be ableto get into your home. If this is the case, or it is unreasonablefor you to continue to stay in the house, the local authoritywill help you to find temporary accommodation, if necessary.

The police will take all the evidence they can from your homeand let you have access to the property as soon as possible.You may feel you want to clean your home before living in itagain. If you cannot face doing this yourself, the EnvironmentalHealth Department of your local authority should be able toput you in touch with professional cleaning firms to do thejob for you. You might want to ask your FLO or a VictimSupport volunteer to make these enquiries for you.

Even if the crime did not happen in the house, in certaincircumstances, the police may still have to carry out aforensic examination or a search of the house. They willexplain to you why they are having to do this and try to letyou know how long it may take.

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2.5 The post mortem

What is a post mortem?

Shortly after the person has died or the death has beendiscovered there will be a post mortem. This is a medicalexamination to determine the cause of death.

If you have cultural, religious or other objections to a postmortem being carried out, you should tell the ProcuratorFiscal (PF). They will try to respect your wishes but, in manycases, a post mortem is a legal requirement to prove criminalcharges arising from the death.

A post mortem is carried out by two qualified doctors (calledpathologists). The Senior Investigating Officer (SIO) and thePF attend the post mortem. This is to ensure that all availableevidence is gathered and to get information from thepathologists to help with the criminal investigation.

Possible delay in making funeral arrangements

More than one post mortem examination may take place ifan accused charged with an offence to do with the deathasks for one. If there is more than one accused, each onemay ask for another, separate examination. You may find thisdistressing and you should be prepared for a delay while thisis being organised.

Where no one is arrested quickly, the Procurator Fiscal mayhave to delay releasing the body for the funeral. This is topreserve evidence until a suspect is arrested and charged.

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If you have any questions, you may find it useful to writethese down in advance and to make notes of yourdiscussion. It can be hard to remember things duringtimes of stress. You can use the space at the end of thispack for notes.

Post mortem report

The report gives details of the medical examination and will,in the majority of cases, give the cause of death. There maybe additional laboratory tests carried out to assist inidentifying the cause of death. It can take some time for theresults of these to become available.

When the cause of death is suspicious, it is very unlikely thatorgan or tissue donation will be possible. This is becauseforensic examination will be required to ensure the bestpossible evidence.

If the post mortem means that it is necessary to removeorgans or tissue, your FLO will be able to tell you or discussany concerns you have.

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2.6 Coping with the Media

Co-operating with the media

Newspaper, magazine, television and radio journalists may beinterested in the death and any subsequent court case. Theymay telephone you, knock on your door or approach you at acourt hearing. They may broadcast your name and address.

Talking to journalists and hearing about a loved one in themedia may be distressing. Most journalists will understand ifyou say you do not want to talk to them. Or you might decidethat it would be helpful for journalists to cover the case, forexample an appeal for information.

You might want to choose a particular family member tospeak to the media on your behalf, especially if there is anappeal to the public for information. The Senior InvestigatingOfficer will manage the release of information to the media,to try to get the best possible help from the public to aid theinvestigation.

On the other hand, you may not be happy to co-operate withthe media, and you may find their interest in you, or thedeceased person, intrusive or distressing. If you do, youshould tell your Family Liaison Officer.

Journalists may ask for a photograph of the person. Youmay want to consider how they would want to be seen orremembered. Your FLO can arrange for an existingphotograph to be altered if necessary – for example,taking an image from a group photo.

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What you can and can’t say

If you do decide to speak to journalists, you may find it helpsto prepare what you want to say in advance. This might takethe form of a short statement which you can give out, reador have read for you (for example, by the police or, if youhave one, your solicitor). Your FLO will help you with this.

If someone is being blamed for the death, it is important thatyou do not make any public comment about them whichmight be detrimental to a court case. The police or yoursolicitor will be able to give you advice to ensure you do notsay something by accident which may cause problems forthe investigation.

What can I do if I am unhappy with media reporting orintrusions?

If you are concerned about the way the media is behaving orreporting events, tell the police or your solicitor. They maynot be able to prevent the intrusion, but they may be able totake steps to reduce it or provide advice on how to try tocope with it.

For example, it may be possible to persuade the editor of thenewspaper concerned to withdraw a comment, or acomplaint could be made to the Press ComplaintsCommission (PCC). The Commission is responsible forensuring that newspapers abide by the industry’s Code ofPractice. The Code covers issues relating to privacy,harassment and intrusion into grief. A copy of the Code ofPractice and details of how to complain are available on theCommission’s website at www.pcc.org.uk, or you can phonetheir Helpline number on 020 7353 3732.

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Broadcasters should deal sensitively with these matters and,if they don’t, you should let them know. If you have a moreserious concern, you should contact the relevant body: theGovernors of the BBC, the Independent Television Commission(ITC), or the Radio Authority. You can also contact theBroadcasting Standards Commission (BSC) if you feel yourprivacy has been invaded. Information about the BSC can befound on their website at www.bsc.org.uk, or you cancontact them on 020 7808 1000.

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2.7 Funeral arrangements

When can the funeral take place?

The funeral can take place once the Procurator Fiscal (PF) hasgiven permission to release the body for burial. If you wish tohave a cremation, tell your Family Liaison Officer as soon aspossible because this will require special permission fromthe PF. If all the accused have been identified and chargedand the defence indicate their investigation is complete, thePF can authorise cremation.

In cases of murder and culpable homicide, the funeral maytake place some time after the death. This may be linked tothe post mortem or collection of evidence. Some religionssay that a funeral must happen as soon as possible. If this isthe case, you should let your FLO know. The PF will try,wherever possible, to respect your wishes but this may notalways be possible.

Arranging a funeral

If you are arranging a funeral, you may have many decisionsto make – for example, where to hold it, whether to have aburial or a cremation, what should be said at the funeral, whoshould be invited, whether to ask for flowers or donations,whether or not to have a memorial. A funeral director will beable to discuss the options with you.

You will need to consider if any instructions were left in a will(see section 6.6). You may also want to consider the wishesof others close to the deceased person.

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Paying for a funeral

If the deceased person was in work, a death-in-service paymentmay be available, or the employer may have a benevolentfund which can help. Sometimes an occupational or personalpension scheme will provide a lump sum towards funeralcosts. Find out whether your loved one was a member of acremation society or had a pre-paid funeral plan or aninsurance policy to cover the cost of the funeral.

Funerals can be expensive. If you are on a low income, theGovernment may be able to help you pay for the funeral.A Funeral Payment is available for people who are claimingbenefits. This can be paid up to 3 months after a funeral hastaken place. Your local DSS office or JobCentre will be ableto give you more information about this or you can visitwww.jobcentreplus.gov.uk. You will find the numbers in thelocal telephone directory. Your local Citizens’ Advice Bureaumay also be able to help answer any questions (the numberis also in the telephone directory).

Help from the Criminal Injuries Compensation Scheme

You may be eligible to claim the cost of reasonable funeralexpenses from the Criminal Injuries Compensation Scheme(CICS). This will be paid to the person paying for the funeral,even if they are not eligible to claim compensation under theterms of the Scheme. Account will be taken of your or yourloved one’s religious and cultural backgrounds. You shouldkeep receipts for all funeral expenses to include with your claim.

Further details on the Scheme can be found at section 6.3.Victim Support Scotland may be able to assist you with yourCICS claim. They can be contacted on 0845 30 30 900.

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Announcing the Death

You may wish to put an announcement about the death inthe national or local newspapers, giving details of the funeral.The newspaper will advise you of the arrangements or youcan ask your funeral director to arrange things. For securityreasons, you may decide not to include your address.

Many people use a funeral director to help themconsider options, organise the funeral and manage thepaperwork. You will find the names of local funeraldirectors in your local telephone directory.

The Funeral Standards Council (029 2038 2046), theNational Association of Funeral Directors (0121 711 1343)or The National Society of Allied and Independent FuneralDirectors (0845 230 6777) can provide details of funeraldirectors who comply with quality codes of practice. Allof these organisations cover the whole of the UK.

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Section 3The criminal investigation3.1 The police investigation3.2 Gathering evidence3.3 How long will the police investigation take?3.4 The police report3.5 The role of the Procurator Fiscal3.6 Deciding on charges3.7 Definition of murder and culpable homicide3.8 After a decision to prosecute is made

The crim

inal investigation

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The Criminal Investigation3.1. The police investigation

The police force in whose area a suspicious death occurs willinvestigate. They do this on behalf of the Procurator Fiscal(PF) and report their findings to the PF.

The investigation will be run by a Senior Investigating Officer(SIO), who is normally a senior detective. The SIO has beentrained in the investigation of murder and culpable homicidecases and will be responsible for a team of officers who willcarry out the enquiries needed. The SIO will appoint a FamilyLiaison Officer (FLO) to be the link between the investigationteam and the family. The SIO will normally contact the familythrough the FLO (see section 1.2).

The police work closely with the PF throughout theinvestigation. The PF undertakes their own investigation ofthe evidence and has final responsibility for the overallinvestigation of the death (see sections 3.5 and 3.6).

3.2. Gathering evidence

The police role is primarily one of gathering information.At times, especially in the first few hours of the investigation,this may seem insensitive. But the more information thepolice can get, the more they will understand the circumstancesof the death. There may also be information that they cannotshare with you (such as details of injuries) – this is notpersonal but because it would harm any future prosecution.

As explained in section 2.4 above, the police may need to retainsome personal items belonging to the deceased person orseal your home while gathering evidence. The FLO will ask

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you in detail about the person. You may find this difficult as itmay feel like the FLO is prying into your private life. This isnot the intention – it is just that the more the police knowabout your loved one, the more chance they will have ofidentifying who committed the crime.

3.3 How long will the police investigation take?

There is no set timescale for completion of a policeinvestigation. In some cases, the police will make an arrestvery quickly and be able to submit a report to the ProcuratorFiscal (PF) immediately. In other cases, they might suspectwho is responsible for the death but be unable to find them.Or the police investigation itself may take time.

If there is not enough evidence to charge a suspect, a seniorofficer will be appointed to review the investigation. Thatofficer may contact you directly. If an investigation is thenclosed, it will be reviewed regularly and any new informationwill be acted upon.

3.4 The Police report

The police report is a confidential document that summarisesthe information from witnesses, any interviews withsuspects, any available reports from specialists and otherrelevant material. This evidence is used by the PF to decidewhether there is enough evidence to begin a prosecution.

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3.5 The role of the Procurator Fiscal (PF)

Procurators Fiscal are the public officials who investigate allsudden and suspicious deaths. They are qualified lawyersand are employed by the Crown Office and Procurator FiscalService (COPFS).

PFs are responsible for:

• instructing a post mortem (see section 2.5)• investigating the circumstances of a death • instructing investigations to try to find out the cause of a

death • considering whether preliminary criminal proceedings are

required and are supported by the available evidence (seesection 3.6) and

• reporting the case to Crown Counsel for a decision aboutcriminal proceedings.

The PF considers the report into the circumstances of a deathcompiled by the police and makes decisions on preliminarycharges (see section 3.6). After the accused has appeared incourt on preliminary charges (see section 4.2), the PF willinterview witnesses and collect other evidence (this stage iscalled precognition and is explained more fully at section 3.8).

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The PF will then send a report to a team of senior prosecutors(called Crown Counsel). It is Crown Counsel who decidewhether a criminal prosecution should take place, againstwhom and on what charges. In some cases, the decision willbe that no proceedings will take place.

You can ask to talk to the PF at any time and they will try toanswer your questions. Your FLO or VIA Officer can tell youhow to contact the PF, and you can keep their contact detailsin section 1.1.

The Crown Office and Procurator Fiscal Service (COPFS)produces leaflets about the work of the ProcuratorFiscal, including the investigation of criminal deaths.These are available from the Procurator Fiscal or fromCOPFS’ website www.crownoffice.gov.uk.

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3.6 Deciding on Charges

If a police investigation indicates that the conduct ofsomeone, or several people, amounted to a crime, the PF willdecide whether they should be brought to court to answerany preliminary charge(s). Someone who is being chargedwith an offence is referred to as “the accused”.

Sometimes, the PF may need the police to undertake furtherinvestigations before reaching a decision about prosecution.

If the PF brings an initial charge of murder against theaccused, they must then make a recommendation to CrownCounsel about whether the charge should remain as murder.Crown Counsel will consider the evidence and decide whatthe charge should be. They also consider whether or not thePF should oppose bail for the accused.

The PF will make contact with family members identified by the FLO and will usually write inviting the familyrepresentative(s) to meet them. This will normally happenbefore any report is sent to Crown Counsel. The PF willoutline what is involved in the precognition process anddiscuss any questions or concerns. Your VIA Officer willusually be present at these meetings. You may find it helpfulto speak to them at this time.

The PF may want to interview (or precognosce) any familymembers who may have witnessed something relevant tothe investigation.

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3.7 Definition of murder and culpable homicide

Murder is committed when the accused has acted with theintention of killing the victim or where the accused’s conducthas been ‘wickedly reckless’.

Culpable homicide is committed where the accused hascaused loss of life through wrongful conduct, but where therewas no intention to kill or ‘wicked recklessness’. This mayalso be considered where in law the accused is found to beof “diminished responsibility” because of some mentalillness, or where there was provocation.

Wicked recklessness will be inferred from the circumstancesof the accused’s actions. Normally this will be based on theseverity of the injuries and other factors about the nature ofthe assault.

In some cases, an accused may be charged initially withmurder but Crown Counsel may decide that the evidencedoes not support a murder charge. The accused will then betried on a charge of culpable homicide or, possibly anothercharge such as assault. Changes like this can also happenduring the trial.

VIA will advise you about any changes like this. Wherepossible, you will be given the reasons for a change to theoriginal charge. It may not always be possible to give you afull explanation at the time the decision is made – in somecases this is because it might cause problems in bringing thecase to trial.

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3.8 After a decision to prosecute is made

If an accused is to be prosecuted, they will be given a formaldocument called a petition that tells them what initial chargethey will face. They will then appear in court in private (seesection 4.2 for more details). At that stage, the PF will begintheir detailed investigation (called the precognition).

The purpose of precognition is for the PF to examine all theavailable evidence and obtain any more evidence that isneeded. This could include forensic or medical evidencewhich supports the case. The PF will interview importantwitnesses, and ensure that all the investigation that needs tobe done is completed. You may be interviewed so that aprecognition (statement) may be taken from you.

The PF makes recommendations to Crown Counsel aboutwhether there should be criminal charges and what theyshould be. Before making these recommendations, the PFwill have considered the law, the evidence and whether it isin the public interest to prosecute. This means the crime hasto be recognised in Scots Law. There also has to be enoughreliable and credible evidence that the crime was committedand that the accused was responsible.

The VIA Officer (see section 1.3) will inform you about whathappens to the case. VIA will automatically provide you withthis information by letter – you do not need to ask for it. Ifyou have any concerns about the case or want explanations

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about any part of the procedure, you should contact your VIAOfficer. They will also give you trial dates but these maychange (see section 4.8).

Sometimes a decision to prosecute may be delayed untilmore evidence is available.

If a decision is taken not to prosecute, or the prosecution isdropped at a later stage, this is usually the end of thecriminal case. It is possible in some circumstances to takethe case to a civil court (see section 4.19). This is difficult andcan be costly. You should seek legal advice from a solicitorabout this.

You may also be interviewed (precognosced) by thedefence lawyer or someone on their behalf (a precognitionagent). If there is more than one accused, you may havemore than one interview. Defence lawyers or agentsshould always contact you in advance and offer you asuitable time and place for taking your precognition.More information about this is given in section 4.6.

Section 4The criminal prosecution4.1 Attending court4.2 Accused’s appearance in the Sheriff Court4.3 Bail4.4 The High Court4.5 The trial4.6 If you are asked to be a witness4.7 Support from the Witness Service

(including pre-trial visits)4.8 What to expect from a court case4.9 Witness intimidation4.10 Special measures for vulnerable or intimidated witnesses4.11 Expenses to attend court4.12 Verdicts4.13 Sentencing4.14 Mentally disordered offenders4.15 Victim statements4.16 Appeals by a convicted person4.17 Appeals by the prosecution4.18 Bringing a private prosecution4.19 Civil action

The crim

inal pro

secution

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The Criminal Prosecution4.1 Attending court

As next-of-kin, you can attend all court proceedings exceptwhen the accused “appears on petition” in the Sheriff Court.More information about this stage (which may involve 2separate appearances) is given in section 4.2 below. But ifyou are a witness in the case, you will not be able to sit inthe public gallery of the courtroom until after you have givenyour evidence.

There may be other times when you, and others attendingthe case, may be asked to leave the court. For example, theJudge may clear the court (except for legal staff) when thereare legal arguments that need to be discussed in private, or achild witness is giving evidence.

You may hear things during the course of the trial that aredifficult to listen to, or that you disagree with and want to saysomething about. However difficult you may find this, thosewatching the trial (including next-of-kin and the family andfriends of the accused) are expected to listen quietly toproceedings. You may leave the courtroom at any time if youbecome distressed. The Judge can ask anyone to leave thecourt if their behaviour is disruptive. They can also restrictmovement to and from the court room during their charge tothe jury (see paragraph 4.5).

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4.2 Accused’s appearance in the Sheriff Court

When an accused person is charged with murder or culpablehomicide their first appearance in court will be in private.This is called “appearing on petition” and it will take place inthe sheriff court in the area where the crime was committed.The Judge in this court is called a Sheriff.

The petition sets out the charges for which there appears tobe evidence and asks the court for authority to take the nextsteps in investigating the crime. These next steps involvegathering all the evidence, interviewing all witnesses andarranging for expert witnesses to prepare reports.

At this first appearance, the solicitor for the accused willusually state that the accused “makes no plea or declaration”.The Procurator Fiscal will normally then ask the Sheriff to“commit the accused for further examination” and for theaccused to be remanded in custody. At this stage, theaccused’s solicitor can ask for bail. You may be surprised thatbail is considered but, even in the most serious crimes, theaccused has the right to ask for bail. The Judge has a duty torelease the accused unless there are good reasons for notdoing so (see section 4.3).

If bail is granted, the accused will be released and their nextappearance will be at trial. The trial must take place within12 months of their first appearance in court. If bail is notgranted, the accused will be remanded in custody and mustbe brought back to court within 8 days to be “fullycommitted” for trial.

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The full committal is also held in private. The accused’ssolicitor can again ask for bail at this stage, even if it wasrefused at the accused’s first appearance. As with the firstappearance, if the accused is granted bail, the trial must takeplace within 12 months of their first appearance in court. Ifthey are kept in custody, the trial must start within 110 daysof full committal.

Both these time limits can be extended by the court. Newtime limits will be introduced in 2005. This will mean thatwhere the accused is kept in custody, the trial must startwithin 140 days of full committal.

If you have any concerns about the decision to grant bail,you should tell your police Family Liaison Officer (FLO) orVictim Information and Advice (VIA) Officer immediatelyyou are advised of the arrest of a suspect. This willensure that your concerns are taken into account whenthe decision is made. The PF can ask for specialconditions to be attached to the bail order, to takeaccount of your concerns.

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4.3 Bail

The section above explained the times when bail will usuallybe considered. It can, however, be applied for at differentstages of the case, even if it has been refused earlier. YourVIA Officer will keep you informed about this.

This section explains what factors will be taken into accountwhen deciding whether bail should be granted or not.

The Sheriff will consider the nature of the charge and anyother factors raised by the PF. The accused will be grantedbail unless the court has good reason to believe that they:

• may not attend their trial or earlier court appearance • may commit an offence while on bail• may interfere with witnesses, or• may obstruct the course of justice e.g. by absconding

(disappearing).

These issues reflect standard conditions linked to bail.Special conditions may also be sought such as limiting wherethe accused can live or preventing them coming near you,your family and/or your home.

Under new arrangements for High Court cases to beintroduced from April 2005, these conditions may includeelectronic tagging of the accused. All decisions about bail aretaken by the Judge.

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If bail is granted, the prosecution may, in certain circumstances,appeal against the decision. The accused may also appealagainst a refusal to grant bail. If bail is still refused on appeal,the accused can ask for the decision to be reviewed, but onlywhere there is good reason.

Your VIA Officer will be able to tell you whether the accusedhas been given bail, and any special conditions which apply.If the accused person is granted bail and causes you anyconcern, you should keep a diary of any incidents and reportthis to the police and PF immediately.

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4.4 The High Court

Murder and culpable homicide charges are always heard inthe High Court by a Judge and jury of 15 people chosen atrandom from the community.

The evidence for the prosecution is presented by anAdvocate Depute (who is a senior lawyer). A separateadvocate, called ‘Counsel’ will act for each accused person.Counsel will speak on behalf of the accused not only at thetrial but before sentence is passed. When in court, the Judgeand advocates wear wigs and gowns.

The accused person will state their plea of ‘guilty’ or ‘not guilty’. If the accused person pleads guilty, there is no need foranyone to give evidence in court. The Advocate Depute willtell the Judge the facts of the case and the Judge may thenpass sentence or may choose to do so at a later date. Ifsentencing is deferred (passed at a later date), VIA will informyou when and where this will happen.

If the accused person pleads not guilty, then a trial will takeplace and witnesses will be called to give evidence.

At present, High Court cases are organised around “sittings”which last between 2 and 3 weeks. Each case is allocated toa particular sitting. You may be given 2 dates – one when thesitting starts and one when the case is expected to begin. Ifyou are called as a witness, both of these dates will appearon your citation.

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From 1 April 2005, a number of changes are to be introducedto arrangements for High Court cases, including murder andculpable homicide. These changes aim to provide greatercertainty about when trials will proceed, prevent unnecessarydelays, and make court proceedings less traumatic for families.

There will be a new hearing (called the ‘preliminary hearing’)before the trial to deal with issues (such as the availability ofwitnesses) that might otherwise delay the trial. You will beentitled to attend the preliminary hearing if you wish. It is likelythat cases of murder and culpable homicide will be givenpriority and that trial dates for these cases will be fixed. Thismeans that your case should go ahead on the date fixed atthe preliminary hearing.

Your VIA Officer and staff in the Procurator Fiscal’s Office willkeep you informed about the new arrangements and howthey may affect your case.

The High Courts are in Edinburgh and Glasgow. HighCourt cases are also heard in Sheriff Court buildings acrossScotland. Your case may not be heard in the court closestto you.

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4.5 The trial

Both the prosecution and defence may call witnesses to giveevidence and question them. As well as eye witnesses andpolice officers, expert witnesses such as forensic scientistsmay be called to give evidence. Photographs, videos anddiagrams may be shown to the jury.

After all the prosecution (Crown) evidence has beenpresented, the Judge will consider if there is sufficientevidence in law to allow the case to continue. If there is, thedefence will then present their evidence. If there is notenough evidence, the case will be dismissed and the jury willnot be allowed to consider a verdict.

The accused can choose whether or not to give evidence. Ifthe accused does give evidence, they can be cross-examinedby the Advocate Depute.

Once all the evidence has been presented, the lawyer foreach side gives a speech to the jury to sum up the evidence.It is up to the prosecution to prove the case “beyondreasonable doubt”. The Judge will also give a speech to thejury (known as the charge). In this, the Judge directs the juryin the law relevant to the case and his/her understanding ofpoints of evidence they may wish to consider when decidingon a verdict.

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4.6 If you are asked to be a witness

In certain cases you may be asked to be a witness to giveevidence at a criminal trial. This may or may not require youto give evidence in court.

Where you are to be a prosecution witness, you will usuallybe required to attend a pre-trial interview (precognition) withthe Procurator Fiscal or a precognition officer who works forthe PF. The defence lawyer – or a precognition agent workingfor the defence – may also contact you to take a statement.See section 3.8 for more information about these“precognition” interviews.

You should co-operate with any request for precognition,whether from the prosecution or the defence. It is anessential part of the criminal proceedings and helps the PFunderstand the evidence you are providing. You can claimreasonable expenses when you are asked to attend forprecognition.

It may be possible for a relative or friend to sit with youduring a precognition interview to offer support. If you wantto be accompanied, ask the PF or defence lawyer if this ispossible. You are not allowed to be accompanied by anotherwitness and your supporter cannot participate in the interview.

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4.7 Support from the Witness Service (including pre-trialcourt visits)

The Witness Service, run by Victim Support Scotland,provides emotional and practical support to all victims andwitnesses attending court, and their families. The Service ismanaged by paid staff and provided by trained volunteers.They can tell you about court procedures but cannot discussevidence with you.

The Victim Information and Advice service (see section 1.3)will give you information about your local Witness Service.VIA can refer you to them for a pre-trial court visit. This mayhelp you find out what to expect, particularly if you will be awitness at the trial. They can also discuss any concerns thatyou have. If the Witness Service cannot answer all yourquestions, they will try to put you in touch with someonewho can help.

You can also get the number of the Witness Service from theVictim Support Scotland Helpline on 0845 603 9213, thewebsite (www.victimsupportsco.demon.co.uk) or your localvictim support service (number in the local ‘phone directoryunder “victim support”).

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4.8 What to expect about a court case

Criminal cases are nearly always held in public. But, as indicatedin section 4.1, the Judge may order members of the public toleave the courtroom. This can include you and your family.

If you are not a witness in the case you can sit in the publicgallery in a courtroom. Other people in the gallery may bejournalists, the public, or the family and friends of the accused.

If you are a witness you will not be able to discuss the caseor your evidence with other witnesses, or listen to courtproceedings until you have given evidence. A friend orrelative can sit with you before you give evidence (as long asthey have not been in court, either listening to the trial orgiving evidence in the case).

If the accused pleads guilty before or during the trial, you areentitled to be in court when this happens, even if you are awitness in the case.

Criminal cases sometimes do not go ahead at the first trialdate and can be adjourned on a number of occasions. Thismay be for a variety of reasons, such as the need to tracewitnesses or obtain documents prior to a court hearing.

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In some cases, the prosecution lawyer may consideraccepting a plea of guilty to a lesser charge, afterdiscussions with the defence (see section 3.7). In murder orculpable homicide cases, the decision to accept a plea to alesser or amended charge is always taken by the LordAdvocate (Scotland’s senior prosecutor, with overallresponsibility for the prosecution of crime) or the SolicitorGeneral (who assists the Lord Advocate in heading theprosecution service).

If you do attend court, it may help to be accompanied bysomeone. The police will be there to give evidence and theycannot discuss your evidence with you. The Witness Serviceand your VIA officer can help explain what is happening.

It may be possible to arrange seating in the courtroom sothat you do not have to sit near relatives or friends of theaccused. Let the Witness Service or VIA know if you areconcerned about this and they will try to arrange this for you.

Some people who are witnesses find a pre-trial court visithelpful as it gives them some idea of what to expect. Asindicated in section 4.7, this can be arranged through VIA.If you do not want to visit the court before the trial, itmight still be worth talking to a member of the WitnessService to discuss any concerns you have.

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It may also help you to know in advance that:

• Court hearings may start late, be cut short or postponed,or moved to another court

• You may have to wait for some time before going intocourt to give your evidence. This may be because of thetime it takes other witnesses to give their evidence

• The defence lawyer may ask you questions about yourevidence. This might feel probing but it is not personal – itis a normal part of the defence role and is intended to testthe evidence

• Evidence presented in court is for the benefit of the Judgeand jury. Sometimes you may not be able to see evidencebeing discussed (such as diagrams or videos)

• Some courts are modern and have good facilities, othersdon’t. It may help to familiarise yourself, in advance, withthe location of toilets and refreshment facilities and findout if there is a quiet room where you can sit

• If you tell the court officer or Witness Service volunteerswho you are, they can offer help, inform you of any courtchanges and show you where the witness room is

• The first time that you see the accused may be in court

• You may see the accused and defence witnesseselsewhere in the court building, for example whererefreshments are served.

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4.9 Witness intimidation

It is a criminal offence to try to frighten or intimidate awitness, juror, or anyone helping the police in aninvestigation. If you are harassed or threatened in any waybefore, or during, the trial you should tell the police, who willtake appropriate action.

4.10 Special measures for vulnerable or intimidatedwitnesses

As a witness, you may feel vulnerable for a number ofreasons – it could be to do with your age, the circumstancesof the case or your health.

If you are cited as a witness, you can discuss any concernsyou have about giving evidence with your VIA Officer or theProcurator Fiscal (PF).

Some very vulnerable witnesses may be allowed to use whatare called “special measures” when giving evidence at court.Generally, this applies to witnesses with certain mentaldisorders or impairments, or child witnesses under the age of16. Special measures are usually screening the accused fromthe witness at court, or use of a CCTV link to give evidenceso that the witness is not in the courtroom.

If appropriate, the PF can ask the Judge if specific specialmeasures can be put in place for you. This usually involvesthe PF making an application in advance. The request may ormay not be approved.

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Sometimes witnesses can be accompanied at court by asupport person. They can provide a reassuring presence inthe courtroom but will not be able to talk with you and theJudge will decide where they sit. If you would like to have asupport person at court, you can discuss this with the PFwho can ask the court if this would be possible.

From 1 April 2005, all child witnesses in High Court cases willautomatically be able to benefit from special measuresdesigned to help them give their best evidence. This willinclude measures like use of a live television link, of asupporter, of a screen in court, and ways of giving evidencewhich may avoid a child having to appear in court.

Similar assistance will be available to a wider range ofvulnerable adult witnesses from spring 2006.

The PF or VIA Officer will be able to advise how thesemeasures might apply to your case.

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4.11 Expenses to attend court

Next-of-kin are entitled to expenses when required by theCrown to provide a precognition (see section 3.8), or whenrequested by the Procurator Fiscal or VIA to attend a meetingat their premises. You will also get expenses if you are citedto attend court as a witness.

The Procurator Fiscal Service will refund reasonable travelexpenses, loss of earnings, childcare expenses and the costof a carer. Your witness citation will explain what you areentitled to claim.

If you are not a witness and going to the trial may cause youfinancial difficulties, Victim Support Scotland may be able tohelp you find access to sources of financial support. Yourlocal Victim Support service, or the Witness Service at therelevant court, can give you more information (see contactdetails in section 4.7).

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4.12 Verdicts

The accused may be found guilty or not guilty. Alternatively,the jury may reach a ‘not proven’ verdict which is also averdict of acquittal.

For the accused to be found guilty of a charge, a majority ofthe jury (at least 8) must choose this verdict.

For verdicts of not guilty and not proven, a majority (at least 8),must choose this verdict. These verdicts have the sameeffect and mean that the accused is free to go and cannot betried on the same charges again.

It is worth noting that:

• if someone is found guilty of murder, the court mustimpose a sentence of life imprisonment. The sentencehas to include the minimum period to be served beforethe person can apply for parole (early release from aprison sentence). This is called the ‘punishment part’.

• if someone is found guilty of culpable homicide, themaximum penalty open to the court is lifeimprisonment. But the court rarely imposes themaximum sentence and may impose a much lowerpenalty.

• sometimes courts find the accused not guilty of aserious charge but guilty of a lesser charge, such asassault.

If you are unsure about anything that happened in court, yourVIA Officer may be able to explain.

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4.13 Sentencing

Before sentence is passed, Counsel for the accused willadvise the Judge about any factors which they think mightreduce the sentence. This is called a “plea in mitigation”.Sometimes the Judge asks for background information aboutthe guilty person before deciding on the sentence. It is theJudge alone who decides what the sentence should be – theprosecutor is not involved in sentencing.

An accused who is found guilty of murder will normally bekept in custody until the sentence is passed. This is adecision for the Judge. Sentencing normally happens withinfour weeks of the end of the trial.

If you do not understand or are unhappy about the sentencepassed, your VIA Officer or the Procurator Fiscal may be ableto explain the basis on which this is decided. The PF will alsoadvise you about any appeal by the prosecutor (called aCrown Appeal –see section 4.17).

4.14 Mentally disordered offenders

What happens if the offender is mentally ill?

Mentally disordered offenders are people, who, as a result ofmental illness, have been found by the court to havediminished responsibility, or have been found not guilty onaccount of insanity. In both instances, the court can order aperson to be detained in hospital for treatment. For restrictedpatients (people the court consider a serious risk to thepublic) this detention will be “without limit of time”.

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Restricted patients cannot be given leave of absence,transferred or discharged without government (ScottishMinisters’) consent. Any decision to approve leave, transferor discharge must take account of security and supervisionarrangements, and the impact on you or your family.

If a prisoner is moved from prison to a secure psychiatrichospital during their sentence, the original sentence still stands.

From April 2005, decisions on discharge of all patients,including restricted patients, will pass to Mental HealthTribunals. These tribunal panels will be convened by a Sheriffand its members will be experts in mental health law andtreatment of people with mental disorders.

If you have any concerns you would like to bring to ScottishMinisters’ attention in relation to a restricted patient, you canwrite to The Scottish Executive, Mental Health Division,Room 3E.06, St Andrew’s House, Edinburgh, EH1 3DG.

Disclosure of Information

Section 5.1 explains how you can register to receiveinformation under the Victim Notification Scheme about anoffender serving a prison sentence. Before the end of 2004,the Scottish Executive will consult on the potentialimplications of releasing information about restricted patientsand how this scheme might operate in practice.

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4.15 Victim statements

A new scheme is currently being piloted to enable victims ortheir relatives to make a statement about the effect of certaincategories of crime on them. The pilot schemes began inNovember 2003 and will run for 2 years. A decision on whetherthe victim statement scheme will be extended acrossScotland will depend on an evaluation of the pilot scheme.

Murder and culpable homicide are included in the categoriesof crime covered by the pilot scheme. If the murder orculpable homicide of your relative or partner took place inone of the pilot areas – Ayr, Edinburgh or Kilmarnock – youwill be given the opportunity to make a victim statement.This written statement gives you the chance to tell the courtin your own words how the crime has affected you – physically,emotionally and financially.

The Procurator Fiscal or VIA officer for the area where thecrime took place will send you an information pack. This willinclude a victim statement form and contact numbers forsupport agencies if you want extra help or advice aboutmaking the statement.

You do not have to make a victim statement. If you choosenot to, no conclusion will be drawn by the court about this.Information about the impact of the crime will still be broughtout during the prosecution case.

If you do make a victim statement, it will normally be given tothe court if the accused pleads guilty, or is found guilty aftera trial, and before the accused is sentenced. A copy of yourvictim statement will be given to the defence at the sametime. The Judge must consider your victim statement anddecide what weight should be given to it.

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4.16 Appeals by a convicted person

Following a criminal case, a convicted person may appealagainst their conviction or sentence. They can also apply forbail (interim liberation) and may be released while waiting forthe appeal.

An accused found guilty at trial can appeal against theconviction or sentence or both. The court may refuse the appealor may allow the appeal in full or part. If the appeal is allowedin full, the court may order a retrial or may acquit the accused.

If the accused pleaded guilty they can appeal against thesentence. All appeals are heard by 3 Judges in the AppealCourt which is based in Edinburgh. The court is able to imposea higher or lower sentence, or may confirm the originalsentence.

VIA will tell you if there is an appeal and how it progresses.In particular, they will tell you:

• if the offender is granted bail before the appeal • the date of the appeal, and • the outcome of the appeal.

All appeals under ‘solemn procedure’ (where a trial takesplace with a Judge and jury) must be lodged within 14 daysafter a court’s decision. The time limit for the Crown lodgingan appeal against an unduly lenient sentence is 4 weeks.VIA will keep you informed whether or not an appeal hasbeen lodged and about the progress of any appeal.

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4.17 Appeals by the prosecution

As indicated in section 4.13, the Crown has a limited right ofappeal against sentence, but only where a sentence is‘unduly lenient’. Because of this, such appeals are rare. If anappeal is lodged, you will be kept informed of progress.

The prosecution cannot appeal against a ‘not guilty’ or a ‘notproven’ verdict.

4.18 Bringing a private prosecution

In certain circumstances an individual may seek to prosecuteanother person for a criminal offence. This is called a privateprosecution. To bring a private prosecution you must havethe Lord Advocate’s consent. This process is very costly andyou cannot claim legal aid. It is therefore very rare.

4.19 Civil action

If you are dissatisfied with an acquittal verdict, you can raisea civil action against the acquitted person. A civil action isbased on a different level of proof – “on the balance ofprobabilities” (a decision in a criminal case requires proof“beyond reasonable doubt”).

Raising a civil action can be a very long and expensiveprocess. There is no guarantee that you will be granted legalaid. Before proceeding with a civil action, you should seekadvice from a solicitor.

Section 5What happens after the sentence hasbeen passed?5.1 The Victim Notification Scheme5.2 How long will the offender be in prison?5.3 Consideration for release5.4 Concerns after the prisoner has been released

What hap

pens after the

sentence has been p

assed?

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What happens after the sentence hasbeen passed?5.1 Victim Notification Scheme

Where an offender has been sentenced to 4 years or more inprison, you can choose whether or not you want to registerwith the Victim Notification Scheme.

This would mean you will be told when the offender is to bereleased. You will also be entitled to be told if the offender:

• dies before the date of release• is transferred to a place outwith Scotland• becomes eligible for temporary release (for example, for

training and rehabilitation programmes or home leave inpreparation for release)

• escapes or absconds from prison.

You will also be able to choose whether you wish to receiveinformation from the Parole Board for Scotland aboutproposals for the offender’s release. The Board will adviseyou of any conditions attached to the release, particularly anythat relate to contact with you or your family.

The VIA Officer will send you a form to complete and sendon to the Scottish Prison Service. The Prison Service willregister your details and, when the offender is due to bereleased, send a letter telling you the date of release.

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If, after registering for the Victim Notification Scheme, youdecide to opt out of the scheme you should write to theScottish Prison Service to let them know. You should also tell them if you change address.

You can find out more about the Victim NotificationScheme from the Scottish Prison Service. Contact themon 0131 244 8670 or write to them at Calton House,5 Redheughs Rigg, Edinburgh EH12 9HW.

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5.2 How long will the offender be in prison?

An accused who is convicted of murder will be sentenced tolife imprisonment. Someone who is convicted of culpablehomicide may be sentenced to a specified period ofimprisonment (a determinate sentence) or to life imprisonment(a discretionary life sentence).

When passing a life sentence, the court will say how long theoffender must spend in custody (known as the “punishmentpart”). A life sentence prisoner must spend at least thatperiod in prison before they can be considered for release.

A prisoner sentenced to 4 years or more will be eligible forconsideration for release on parole licence after serving onehalf of their sentence. Otherwise, they will be released at twothirds of their sentence but will still be subject to licenceconditions (known as a “non-parole” licence).

5.3 Consideration for releaseThe Parole Board for Scotland is responsible for determiningwhen a prisoner will be released. The Board must besatisfied that the offender no longer presents anunacceptable risk to public safety. It also decides theconditions that will apply to the release.

If an offender breaches any of their licence conditions, theymay be taken back into custody and they may lose theirlicence. This may also happen if they commit anotherimprisonable offence before the date they would have servedthe original sentence in full.

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5.4 Concerns after the prisoner has been released

The police are automatically told when a prisoner is releasedfrom prison. If you are worried about your safety, you shouldcontact the police. They will then decide what action, if any,to take. If threats have been made against you, or you havebeen harassed or intimidated by the person, you may alsoapply to the civil courts for an interdict to prevent them fromcoming near you or your home after they leave prison. Asolicitor will be able to give you advice on this.

Section 6Practical Issues6.1 How to register a death6.2 Murders committed in other countries6.3 Claiming criminal injuries compensation6.4 Legal aid6.5 Benefits6.6 Wills6.7 Who do you need to tell about the death? 6.8 Stopping unwanted mail6.9 Debts6.10 If you have any concerns about

the criminal justice system

Practical Issues

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Practical IssuesWhen a loved one dies suddenly, it can be difficult to copewith the practical matters you will need to address. Thissection covers some of those practical matters and givesdetails of agencies that you are likely to need to contact.

Victim Support Scotland offers practical support and can helppeople to deal with the various demands and pressuresfollowing a death. They can be contacted on 0845 603 9213or 0845 30 30 900. Calls are charged at the local rate.

6.1 How to register a death

Any death which occurs in Scotland should be registeredwithin 8 days.

The death should be registered in either the district where ittook place or the district of the deceased person’s usualresidence. You can get the address of the local registrar fromthe funeral director or telephone book (under “Registration ofBirths, Deaths and Marriages”). The funeral director orregistrar will also be able to tell you what documents will beneeded to register the death.

A burial can take place before registration but a cremationcan only take place after the death has been registered.

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6.2 Murders committed in other countries

If a close friend or relative dies abroad and you are in the UK

If a close friend or relative has been killed abroad, this createsextra difficulties. In these circumstances, the British Consul isthere to help and guide you. Consul staff will pass the detailsto the police in the UK. If the person was murdered, or thedeath is unexplained or suspicious, you will be allocated apolice Family Liaison Officer (see section 1.2) who will liaisewith the Foreign and Commonwealth Office. This is thegovernment department, based in London, that deals withBritish interests abroad.

Consular staff in London will keep in touch with you and theConsulate abroad until burial or cremation overseas, or untilyour loved one has been brought back to the UK. They willlet the Consulate overseas know your wishes concerningfuneral arrangements and do their best to ensure these arecarried out.

If your loved one was known to be suffering from an infectiouscondition, for example, the hepatitis or HIV viruses, you shouldtell Consular staff.

There may be a delay before you can bring the person homeif there is an overseas inquest and post mortem. With veryfew exceptions, neither the police in Scotland nor theProcurator Fiscal have any authority to investigate deathsabroad. The police in Scotland may be asked to carry outenquiries to assist the investigating police.

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You should register the death according to the local regulationsin the country concerned and obtain a death certificate. Youmay be able to register the death with the British Consul inthat country for a fee. However, you are not obliged to do this.

If you do register the death with the British Consul, a recordof the death will be sent to Scotland. You will then be able toget a copy from the General Register Office for Scotland.There may be a delay in obtaining this since details are returnedfrom British Consuls at the end of each year and recordsamended in March/April of the following year.

If the death is registered only with the local authorities in thecountry where it took place, there will be no record held inthe United Kingdom.

How can British Consuls Help?

British Consuls can keep the next-of-kin informed. Their job isto ensure you do not feel you are on your own.

They can advise on the cost of local burial or cremation, andarrange for the return to the UK of your loved one and theirpersonal property. Consuls cannot pay or help with theseexpenses. You would need to check if costs could becovered by a travel insurance policy.

Consuls can provide a list of local funeral directors in thecountry where the death took place. If an English speakingfirm is not available, Consulate staff will help you with thearrangements.

Where there is evidence of suspicious circumstances, theycan press for an investigation by local authorities and pass onthe results.

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Bringing the deceased person back to the UK

If you decide to bring your loved one back from abroad, andwish a cremation to take place, you must make a cremationapplication to the Scottish Executive Health Department.You will be able to get advice on this from a funeral director.

If the death has been fully investigated abroad, the PF isunlikely to get involved. In most cases, there will be no needfor further investigation by the PF. Where it is necessary, itmay include a post mortem (see section 2.5) and this couldaffect the PF’s decision to allow cremation.

Support services

Many countries have services like Victim Support which canprovide help. Victim Support Scotland’s National Office canhelp by contacting these for you if you wish. Their phonenumber is 0131 668 4486. Some countries also have theirown state compensation schemes.

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6.3 Claiming criminal injuries compensation

Eligibility and awards

If you are the relative or a dependant of someone who hasdied as a result of a criminal injury, you may be able to getcompensation under the Criminal Injuries CompensationScheme. As indicated in section 2.7, you may also be able toclaim for any funeral expenses incurred. You should keep anyreceipts and include them with your claim.

Different people qualify for different types of payment.Payments will depend on your relationship with the victim andwhether you were financially dependent on them. If you werea witness to the crime, you may also qualify for a payment.

You will only be given compensation if you meet therequirements of the Scheme. The Criminal InjuriesCompensation Authority (CICA) may reduce or refuse anaward on the grounds of your, or the victim’s, conduct orconvictions.

Information and Application

Applications under the Scheme should normally be madewithin two years of the incident for which the claim is made.This time limit may be set aside in certain circumstances –for example, if there is a good reason for the delay and it is inthe interests of justice.

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You can obtain more details, along with an application formand details of the documents you need, by contacting theCICA on freephone 0800 358 3601. Alternatively, you canwrite to:

The Criminal Injuries Compensation Authority Tay House300 Bath StreetGlasgow G2 4JR

Further information can also be found on their website at:www.cica.gov.uk.

Your local Victim Support service can offer you help andinformation on making and completing an applicationunder the Scheme. You can find the address of your LocalVictim Support service in the telephone book, or you canring the National Victim Supportline on 0845 30 30 900.Calls are charged at the local rate.

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6.4 Legal aid

If you have a low income, you may be eligible for legal adviceon matters arising from the crime. You may be asked to pay acontribution towards the cost of this legal aid but you may beable to pay this in instalments over several months. Yoursolicitor can advise whether you will qualify for legal aid andwhat the arrangements are for claiming it.

If you raise a court action with the help of public funding andyour case is successful, you will be asked to put some or allof the money you receive towards your solicitor’s bill. This iscalled “clawback”. Make sure that your solicitor explains itbefore you go ahead with your case.

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6.5 Benefits

If the deceased person was receiving any welfare benefits(such as a State Retirement Pension), or if you were receivingwelfare benefits for them (such as Child Benefit), you need tolet the Benefits Agency know about the death. You shouldalso return any order books. The Registrar (who registers thedeath) will give you a certificate to fill in and return with thebooks. Keep a note of any reference numbers as you mayneed them later on. You should also let the Tax Office knowabout your change in circumstances.

Many people have financial worries after bereavement, soyou might want to check if you are entitled to any welfarebenefits. The Benefits Agency will be able to advise youabout this. For your nearest office look for the display advertunder Benefits Agency in the business numbers section ofthe phone book. You can also receive advice from your localCitizens’ Advice Bureau (your local branch will also be listedin the telephone directory).

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6.6 Wills

If you are the next of kin, or have been appointed as therepresentative of your loved one, you will need to find out ifthe person made a will. Copies of wills may be held by abank or a solicitor. If you are in doubt, contact a solicitor.

A will appoints someone (known as the executor) to administera dead person’s estate (everything they owned). It also givesinstructions on how possessions and money should bedistributed.

Wills can be complicated. Sometimes there is no will.Whether or not there is a will, a solicitor will be able to giveyou advice on what you need to do.

If you do not have a solicitor, you can get help from eitheryour local law centre or the Law Society of Scotland.

Law centres offer a free and independent professional legalservice. You can find details of your nearest law centre inyour local telephone directory or by visiting www.salc.info.

The Law Society is the professional body to which all solicitorsin Scotland belong. They can provide you with details aboutsolicitors in your area. You can contact them on 0131 226 7411or visit their website at www.lawscot.org.uk.

Sorting out the affairs of someone who has died can becomplex and distressing. It may take many months oryears. Friends and family can be supportive at this time –they may be able to help in all sorts of ways.

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6.7 Who do you need to tell about the death?

Depending on the circumstances, you may also need to contactsome other organisations and people. These could include:

• the deceased person’s GP• any hospital the person was attending• other health professionals (for example, dentist, optician)• employer• personal or occupational pension schemes• insurance company • bank and/or building society • mortgage provider or housing association• the local council housing department if the person was

living in a council house • the local council Housing Benefit/Council Tax Benefit section

if the person was getting Housing Benefit and/or Council TaxBenefit (see section 6.5 about who to tell about other benefits)

• a child or young person’s teacher, college or university (if aparent, brother, sister, grandparent or close friend has died)

• DVLA (if the person had a driving licence, you will need toreturn it)

• the Passport Office (if the person had a passport, you willneed to return it)

• a car insurance company (if you are insured to drive the carunder the person’s name, you will cease to be legally insured)

• gas, electricity and telephone suppliers• the Post Office so that they can redirect the deceased

person’s mail.

For more detailed information you may find the leaflet Whatto do after a death (which is available from your local BenefitsAgency office) useful. Also, the leaflet IR45, What to do abouttax when someone dies is available from any Tax Office, or bycalling the Inland Revenue Orderline on 08459 000404.

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6.8 Stopping unwanted mail

It can be upsetting to receive direct mail or sales calls forsomeone who has died. One way to reduce the chance ofreceiving junk mail is to contact the ‘Bereavement Register’by calling 0870 600 722 or logging on to its website atwww.the-bereavement-register.org.uk. The process ofregistering is straightforward and free.

You can also stop unwanted telephone sales calls, mail andfaxes by registering free with the following:

• Telephone Preference Service (0845 070 0707 orwww.tpsonline.org.uk)

• Mailing Preference Service (0127 291 3310 orwww.mpsonline.org.uk)

• Fax Preference Service (0845 0700 702 orwww.fpsonline.org.uk).

You have to re-register with these services every few years.

These services may not stop all unwanted correspondencebut they will reduce the chance of it happening.

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6.9 Debts

You may have worries about debt, or about managing yourfinances, especially if you are not used to dealing withmoney and bills on your own.

You may need to contact some organisations to establishresponsibility for outstanding balances. Who these organisationsare will depend on your own financial arrangements or thoseof the deceased person. But they could include credit card orpersonal loan companies.

If you have any money worries, you should get in touch withyour local Citizens’ Advice Bureau. They provide advice butcannot themselves offer you financial support. You will findtheir telephone number in your local directory.

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6.10 If you have concerns about the criminal justice system

This section explains how to complain or make a comment tothe authorities about the criminal justice system.

The Police

If your comments are about the police you can write to theChief Constable of the force concerned. If you are notsatisfied with the reply you receive, you can contactHer Majesty’s Inspectorate of Constabulary (HMIC),St Andrew’s House, Regent Road,Edinburgh EH1 3DG.

HMIC will investigate how your complaint was dealt with bythe Chief Constable, and may make recommendations to thepolice force concerned.

The Procurator Fiscal Service

If your comments are about the actions of the ProcuratorFiscal you can write to them at their office. If you are notsatisfied with the reply you receive you can write toThe Lord Advocate at the Crown Office,25 Chambers Street,Edinburgh EH1 1LA.

The Lord Advocate is the Government Minister in charge ofprosecutions and is answerable to the Scottish Parliament forthe standards of the Procurator Fiscal Service.

If you are dissatisfied with the reply you receive you can contactyour Member of the Scottish Parliament (MSP) – see over.

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Courts

If your comments are about a Sheriff Court or the High Court,you can write to the appropriate clerk of court. If you are notsatisfied with the reply you receive, you can write to theAssistant Area Director for that Court. If you are still notsatisfied, you can write to The Chief Executive, Scottish Court Service, Hayweight House,23 Laurieston Street,Edinburgh EH3 9DQ.

If your comments are about a Sheriff or Judge you can write toThe Minister for Justice,Scottish Executive,St Andrew’s House, Regent Road,Edinburgh EH1 3DG.

Your Member of the Scottish Parliament (MSP)

Your MSP’s job is to represent your interests in theParliament. You may want to write to or meet them todiscuss any aspect of your case which you think they couldact upon.

You can write to your MSP at the Scottish ParliamentEdinburgh EH99 1SP. You can find out the name of your MSPby calling 0131 348 5000 between 10am and 4pm.

Section 7Useful organisations and support7.1 Services provided by Victim Support Scotland7.2 Self-help and other support groups7.3 Religious organisations7.4 Other sources of help

Useful o

rganisations

and sup

po

rt

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Useful organisations and supportThis section provides contact details for organisations whichcan offer you support at this difficult time. Some offer supportat specific times (e.g. the Witness Service at court) whileothers can provide support before and after the court case.

7.1 Services provided by Victim Support Scotland (VSS)

Victim Service

Victim Support Scotland gives free and confidential help andsupport to all those affected by crime. They have speciallytrained people who are able to support people bereaved byviolent crime.

The Police can put you in touch with your local Victim Supportservice or you can contact them yourself. Look in the phonebook for details of your local office or contact the helpline, on0845 603 9213 (available Monday-Friday 9.00am-4.30pm).

Outside these hours, you can call the UK Victim Supporthelpline on 0845 3030 900. This helpline is open 9.00am-9.00pm weekdays and 9.00am-7.00pm weekends. Calls arecharged at the local rate.

Further information can also be found on the Victim SupportScotland website at www.victimsupportsco.demon.co.uk.

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Support After Murder (SAM)

This VSS service offers support to families and friends whohave been bereaved as a result of murder or culpablehomicide. Trained volunteers also offer specific support toyoung people in the aftermath of murder. This service can beaccessed through the same contact points given above.

Witness Service

The Witness Service, run by Victim Support Scotland, isavailable in every Sheriff and High Court in Scotland. Itprovides a free and confidential service including:

• someone to talk to in confidence • information on court procedures• a quiet place to wait before and during the hearing• someone to accompany you into the courtroom when

giving evidence • practical help, for example, with expense forms • putting you in touch with people who can answer specific

questions about the case (please note the Witness Servicecannot discuss evidence or offer legal advice), and

• a chance to talk over the case when it has ended and toget more help or information.

You will find details of the Witness Service in the phone bookunder the name of the Court. Or you can contact the VictimSupport Scotland helpline on 0845 603 9213.

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7.2 Self-help and other support groups

Families of Murdered Children (FOMC)

FOMC offers support, information, advice and advocacy tofamilies who have lost a child or any other person as a resultof murder.

Their services include a helpline, a 24-hour contact number,home visits, court support, regular weekly meetings and asecure internet website, including chat room facilities.

The helpline number is 01698 336646 and the 24-hour contactnumber is 0777 562 6779. Or you can write to FOMC at:

99 Wood CrescentMotherwellML1 1HQ.

The website address is www.fomc.org.uk orhttp:/groups.yahoo.com/group/fomcuk/ and the e-mailaddress is fomcuk@yahoo.co.uk.

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People Experiencing Trauma and Loss (PETAL)

PETAL provides practical and emotional support to thoseaffected by murder or suicide.

It offers supervised counselling; support by trainedvolunteers; support groups for adults and children; telephonesupport; help through the provision of information, homevisits and visits to court; 24 hour helpline (all messages answered within one workingday); a safe and confidential environment where thoseexperiencing trauma and loss talk to trained volunteers ormeet with others in similar circumstances; help and comfortfor as long as any individual or family wishes.

PETAL is a registered charity with no affiliation to anyreligious or political party. It is open to all sections of thecommunity.

PETAL can be contacted on 01698 324502 or you can writeto them at:

29 Clydesdale StreetHamiltonML3 0DD

E-mail address: help@petalsupportgroup.fslife.co.uk

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Cruse Bereavement Care Scotland

A nationwide service offering counselling and advice for allbereaved people. You can contact them at:

Cruse Bereavement Care ScotlandRiverside HouseFriarton RoadPerth PH2 8DF

Telephone: 01738 444178, e-mail toinfo@www.crusescotland.org.uk, or visit the website atwww.crusescotland.org.uk

The Compassionate Friends

Compassionate Friends is a self-help group offering friendshipand support to bereaved parents or grandparents who havelost a child of any age through illness, accident, violence orsuicide. They can be contacted via their local rate helpline –08451 23 23 04 – which is always staffed by a bereavedparent and is available 365 days. E-mail to info@tcf.org.uk.

If you prefer, you can write to:

Compassionate Friends 17 St Magdalanes RoadPerthPH2 0BNTelephone: 01738 631406, e-mail:hugh.mcaninch@blueyonder.co.uk

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Lesbian and Gay Bereavement Project

The LGBP operates a helpline which offers a listening ear tolesbians and gay men who have been bereaved as well as tofamily and friends, colleagues and carers. They can becontacted on 020 8455 8894 or by e-mail to lgbp@aol.com.Alternatively, you can write to them at:

Lesbian and Gay Bereavement Project Vaughan M Williams Centre Colindale HospitalLondon NW9 5GH

Help, information, advice and support is available from theLesbian and Gay Switchboard:

Aberdeen 01224 212600Edinburgh 0131 556 4049Glasgow 0141 331 8327

The Samaritans

Branches throughout the UK offer help to people who aresuicidal or in despair. Look in the phone book for details ofyour local branch, or contact their 24 hour helpline on 08457909090. You can call any of the local branches or, if youwould prefer, write a letter, to the correspondence branch at:

PO Box 9090StirlingFK8 2SA

Further information can also be found on their website atwww.samaritans.org.uk

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7.3 Religious organisations

Religious beliefs can be a comfort when people arebereaved, and you may wish to seek the help and support ofyour local church or other place of worship.

7.4 Other sources of help

Citizens’ Advice Bureau (CAB)

They provide free, impartial, confidential advice and help,including access to financial and legal advice. For yournearest CAB look in the phone book, contact the nationalorganisation (Citizens Advice Scotland) on 0131 550 1001 orvisit www.cas.org.uk.

Law Centres

Law centres provide a free and independent professionallegal service to people who live or work in their catchmentareas. You can find details of your nearest Law Centre in yourlocal telephone directory or by visiting www.salc.info.

The Law Society of Scotland

The Law Society is the professional body to which all solicitorsbelong. They can provide you with details about solicitors inyour area. You can contact them on 0131 226 7411, or visit theirwebsite at www.lawscot.org.uk. Alternatively, you can write to:

The Law Society of Scotland 26 Drumsheugh GardensEdinburghEH3 7YR

Local Authority Housing or Social Work services

You can find details under the name of your local council inyour local telephone directory.

Section 8Understanding the legal process and terms8.1 Flowchart showing the investigation and

prosecution process8.2 Explanation of legal terms

Und

erstanding the legal

pro

cess and term

s

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Understanding the legal process andterms

8.1 Flowchart of the criminal investigation and prosecution

Crime reported to Police

Police contact Procurator Fiscal (PF)

Accused identified

Accused arrested(interviewed by police)

First court appearance by accused(in private, on preliminary charges,

usually first day after arrest)

Police report to PF

Within 8 daysAccused appears for

“Full Committal” (in private)

Bail granted(accused releasedand trial must startwithin 12 months of

first court appearance)

Bail refused(accused remandedin custody and trialmust start within

100 days of date offull commital)

Reports to PF(cause of death,circumstances

of death)

Police investigatePF instructs post mortem(medical examination of deceased)

Bail refused(accused committed for

‘further examination’

Bail granted(accused released and trial muststart within 12 months of this date)

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Trial Date

Accused pleads guilty(may be to a reduced/

amended charge)

Prosecution presents facts

Accused pleadsnot guilty

Trial

Verdict

Not Guilty/Not ProvenJudge decides on

sentence

AppealAccused Free

Guilty

Judge decideson sentence

Appeal

PF prepares caseInterviews (‘precognosces’) witnesses,

prepares report for Crown Counsel

PF reports to Crown Counselwho instructs proceedings

(Indictment served on accused givingcharges)

Notes:1. Procedures will not always follow the flowchart (for example, the accused may

be identified but cannot be traced or arrested immediately). If this is the case,your Family Liaison Officer/VIA Officer/Procurator Fiscal will explain this to you.

2. The terms used in the flowchart are explained more fully in Section 8.2.

By accused(against sentence

only)

By prosecution(only if sentenceis ‘unduly lenient’) By accused

(againstconviction,sentenceor both)

Byprosecution

(only ifsentenceis ‘undulylenient’)

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8.2 Explanation of Legal Terms

This section is intended to help you understand the terms thatyou might hear during the investigation and any trial. It is listedalphabetically and shows common abbreviations you mayalso hear.

Term (Abbreviation)

Adjournment

Advocate Depute(AD)

Appeal

Appearing onpetition

Explanation

A break in court proceedings.This may be for lunch, overnight orto a completely new date.

An advocate or senior ProcuratorFiscal who works only for theprosecution and prosecutes only inthe High Court.

A challenge to the accused’sconviction or sentence or both.The prosecution can only appealagainst a sentence if they regard itas unduly lenient.

This refers to the accused’sappearances in the Sheriff Court toanswer preliminary charges (seebelow). These proceedings are heldin private and may involve 2separate appearances – committalfor further examination, and fullcommittal (both are explainedbelow). The accused will either begranted bail or remanded in custody.

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Bail

Charge (to the jury)

Citation (to be awitness)

Clerk of Court

Committal forfurther examination(CFE)

Crown Counsel

When the accused is released fromcustody until the trial, or afterconviction and before sentence.

The Judge’s legal direction to a juryin matters of law and evidencebefore they decide on their verdict.

A letter which tells a witness toattend court to give evidence at atrial. It states the date, time andlocation the witness should attend.

Responsible for the management ofthe court and jurors. The clerk isthe main point of contact with theJudge and ensures the correctrecording of all proceedings,including the verdict.

What happens at the end of theaccused’s first court appearance.The accused will either be grantedbail or remanded in custody untilbeing fully committed for trial(see below).

Senior prosecutors (also calledAdvocates Depute) who decidewhether a criminal prosecutionshould take place, against whomand on what charges. They receivereports from the Procurator Fiscalabout the evidence in the case.

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The advocate that acts for eitherthe prosecution or the accused (adifferent advocate will act for each).

The police officer who acts as yourcontact with the police investigationand keeps you informed ofdevelopments.

The scientific evidence collectedfrom a crime scene, the body of thedeceased and from other peoplee.g. fingerprints, DNA samples.

The second appearance by theaccused in private in the SheriffCourt. It is held to confirm that theaccused should be brought to trial.Bail can also be considered at thishearing.

The document that sets out thecharge(s) in writing. It is given tothe accused so that they knowwhat they are accused of.

A Judge presides over cases heardin the High Court (in a Sheriff Court,the Judge is called a Sheriff).

Counsel

Family LiaisonOfficer (FLO)

Forensic evidence

Full committal (FC)

Indictment

Judge

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The most senior legal figures inScotland – the Lord Advocate andthe Solicitor General. Any decision toaccept a plea of guilty to a reducedcharge in a murder case can onlybe taken with their approval.

When an offender is released fromprison before the end of theirsentence, the licence sets out theconditions of behaviour that theymust meet.

Scotland’s senior prosecutor, withoverall responsibility for theprosecution of crime in Scotland.

An officer of the court who attends tothe Judge and assists with witnessesand productions in the trial.

When an offender is allowed to bereleased early from a prison sentence.This release will be subject tolicence conditions (see above).

A qualified doctor who examinesthe body of the deceased to findout the cause of death.

The first document which sets outthe charge(s) against the accused,and starts the formal court process.

The accused’s answer to thecharge(s). No trial is needed if theyplead guilty.

Law Officers

Licence

Lord Advocate

Macer

Parole

Pathologist

Petition

Plea

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Any factors that the accused’scounsel thinks should be taken intoaccount before sentence is passed

The medical examination of thebody of the deceased.

General term for the court process.

A qualified lawyer who is the publicofficial in a local area responsible forinvestigating sudden deaths andprosecuting crime.

Documents shown as evidence incourt during a trial e.g. a forensicreport. Other items e.g. clothing arereferred to as labels.

The process of getting informationfrom witnesses to find out whatthey know about a crime. Thishappens before a trial and usuallyinvolves taking a written statementfrom you. It is done by theprosecution (Procurator Fiscal orprecognition officer) and may alsobe done by the defence (solicitor orprecognition agent). It is a vital partof the prosecution process and youmust give a precognition if asked todo so.

Plea in mitigation

Post mortem

Proceedings

Procurator Fiscal(PF)

Productions

Precognition

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A person working on behalf of adefence lawyer to find out fromwitnesses what they know aboutthe crime. They will usually take awritten statement and contact youat home to arrange this.

A person employed by theProcurator Fiscal to find out fromwitnesses what they know aboutthe crime. They will usually ask youto attend the Procurator Fiscal’soffice so they can take a writtenstatement from you.

When a person is kept in custodyawaiting trial or before sentence.

The senior police officer in chargeof the police team investigating thedeath.

A Judge who works in the SheriffCourt in a local area.

The local area court where the firststep of the court proceedings willtake place.

Where a trial takes place in front ofa Judge and jury. This is always thecase in a murder or culpablehomicide trial.

Precognition agent

Precognition officer

Remand orremanded in custody

Senior InvestigatingOfficer (SIO)

Sheriff

Sheriff Court

Solemn procedure

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Assists the Lord Advocate inheading the prosecution service.

Part of the Crown Office andProcurator Fiscal Service. Introducedto keep victims and their familiesadvised about the progress of thecase that affects them. The VIAOfficer is the person assigned tokeep you informed of progress inyour case.

A document from a court allowingthe police to take certain action e.g. to arrest someone or to searchpremises.

Solicitor General

Victim Informationand Advice (VIA)service or Officer

Warrant

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Acknowledgements

This information pack was written by the Victims of Crimebranch in the Scottish Executive’s Victims & Witnesses Unit,with help and advice throughout from a working group ofrepresentatives from support organisations and criminaljustice agencies. This group comprised representatives of theCrown Office and Procurator Fiscal Service (including VictimInformation and Advice), Families of Murdered Children(FOMC), People Experiencing Trauma and Loss (PETAL), thePolice, the Scottish Courts Service, Social Work, and VictimSupport Scotland (VSS). Individual families bereaved bymurder also commented on the pack.

Contributions were also made by the Health and JusticeDepartments of the Scottish Executive, the Foreign andCommonwealth Office, the General Record Office, and theScottish Prison Service.

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Your Notes

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