A citation is a formal document used to serve a legal document on either a witness to a crime, or the accused themselves. It generally informs the person who is cited to go to court on a particular date and time, where they may need to give evidence in court. A citation will normally be ‘served’ by either recorded delivery post, the police or sheriff officers.
If you have received a citation to appear in criminal court as a witness, it will have come from either the procurator fiscal (if you are accused of a crime or a Crown witness to a crime) or the accused’s defence solicitor (if you are a witness to a crime), and you may need to give a witness statement. If you’ve been called as a witness, you’ll normally be required to go to court on a specific date and time to give evidence during a trial. You must appear, and if you are unable to do so, please notify the person who cited you, either the procurator fiscal or the defence solicitors, to avoid contempt of court. Please check if you are the accused or a witness when you receive the initial documentation.
What happens if you refuse to go to court after you receive citation?
A citation accompanied with a Complaint is served on a person who is compelled to go to court to answer criminal charges. The Procurator Fiscal’s Office will send you a notice with a date and time when you must answer the charge or charges brought against you.
The citation will include the criminal court where you must appear, as well as the day and hour of the Pleading Diet hearing. The complaint will include the charge and a brief account of the alleged offence. You must respond to the charge or charges by the date specified on the citation to avoid being prosecuted for contempt of court.
You should not ignore a citation or court order. If you do not answer a citation then the court can issue a warrant for your arrest. It is therefore important that you seek legal advice at the earliest opportunity to avoid any potential contempt of court.
Do you have to attend court?
When the matter comes before the court for the first time, there are three options:
Consider pleading not guilty, guilty, or continuing the case without a plea for further investigation.
Normally, if you desire to plead not guilty or have the matter extended for more investigation, you will not be required to present in person. One of our solicitors is available to attend.
If you intend to plead Guilty, you will most likely be required to attend court. Minor criminal accusations can often be resolved by a solicitor appearing in court and pleading guilty in the client’s absence.
Contact us today for legal advice
At the first hearing (Pleading Diet), you will be asked whether you plead guilty or not guilty.
Our solicitors represent accused people on a regular basis during a court case. An appointment can be scheduled at one of our locations, or an arrangement can be made to meet with an accused individual in criminal court on the day of the Pleading Diet. The intervention of a Solicitor at an early stage can frequently lead to conversations with the Procurator Fiscal about the charges, potentially reducing the severity of the offence.Â
Often, the charges can be settled, and the Procurator Fiscal may determine that no further action is required.
