A citation to appear in court is a formal document used to serve legal documents. It normally notifies the individual summoned to appear before the sheriff court or high court. This is generally the accused (the person(s) charged with a crime) or a witness.
If you have been summoned to appear in court as a witness, it would have come from either the procurator fiscal or the accused’s defence solicitor. (Citations are also used in civil proceedings). If you’ve been summoned as a witness, you’ll often be compelled to present in court on a set day and time to testify during a trial. You must present, and if you are unable to do so, please contact the person who issued the citation, either the procurator fiscal or the defence lawyers.
The citation will normally include the following information: –
- What type of case it is (e.g. criminal, civil or a children’s panel);
- Where the court building is located;
- How to get to the court;
- The date and time of the hearing;
- How to claim your expenses.
It is essential that you do not ignore a citation. You must attend court on the specific date and time. If you do not, the court can issue a warrant for your arrest.
Why have you been cited as a witness to attend court?
You may be summoned to give witness in a criminal court case if you have knowledge about a potential offence.
This may indicate that you:
- Have been the victim of a crime;
- If you have seen or heard something related to a crime; or
- Have information on someone suspected of a crime.
What to do if you do not think you will be able to attend court on the day of the trial
If you are unable to attend the trial due to an essential cause, notify the person who has asked you to be a witness straight away.
If you have a pre-booked holiday, you must send copies of your booking confirmation and case details to the person who cited you as a witness.
If you are concerned about providing testimony, discuss with the person who has requested you to be a witness. They can help you find the best advice and support.
If your circumstances or the nature of the case are likely to impair the quality of your testimony, you may be entitled for exceptional measures such as a screen or giving evidence in a separate room.
The support available for witnesses called to give evidence
Giving evidence can be daunting, particularly when you are unfamiliar with the situation and settings. If you’re worried about giving evidence then you should speak to the person that cited you, normally either the defence solicitor or procurator fiscal. There are things that can easily be put in place to make things easier for a witness such as: –
- Using a different waiting room;
- Use of screens and live TV links
- Having someone meet you and walk into court with you;
- Taking regular breaks when giving evidence;
- Attending the court beforehand and familiarising yourself with the set up.
Additional support measures can also be put in place for those who do not have English as a first language, or for elderly or disabled witnesses.
What are special measures for vulnerable witnesses
Certain witnesses will be eligible for special measures as a result of the nature or circumstances of a case. They automatically apply to those witnesses under the age of 18 or who have been a victim of certain crimes such as sexual offences, human trafficking or stalking, ensuring that victim and witnesses receive appropriate support.
In these circumstances, there is an automatic entitlement to use: –
- A screen in the court room is available for victims and witnesses;
- A TV link;
- A supporter who will sit alongside while you give evidence.
Other witnesses who can apply for special measures who those who think that the quality of their evidence will be affected due to factors such as stress or mental illness, or whose who consider that they are at risk of harm due to the evidence they are giving. Other additional special measures that can be applied for are: –
- Using a prior statement;
- Using a commissioner to take the evidence – this is where your evidence is taken at a different date and time by someone appointed by the court, such as a judge;
- Having the courts closed to the public.
If you consider that you are eligible to apply for special measures then you should speak to the person who cited you, normally either the defence solicitor or procurator fiscal.
What you should do before the court case
Taking a precognition
The procurator fiscal or defence solicitor may ask to meet with you before the court date in order to take a statement known as a ‘precognition’. If this situation were to arise, you will receive a letter from the person who cited you to court asking you to attend at a specific date and time.
Visiting court
If you are a witness then you can arrange to attend the court in advance. This can be arranged with the courts Witness Service. This can often be helpful where you are nervous about attending court.
Telling your employer
You are not entitled to miss attendance at court due to work. By law, your employer must give you the time offer in order to attend court when required.
Childcare
You require to organise childcare in order to attend court. Children under the age of 14 are not allowed to attend court unless giving evidence.
What happens on the day of court
A number of trials are usually assigned to one day. This can mean that there is a lot of waiting for other cases to be dealt with. The person who cited you should keep you up-to-date on the progress of your case. Problems can often arise on the day such as a witness being unwell, or other cases taking priority. This can mean that the case is ‘adjourned’ and delayed to another day.
What happens if you’re unwell on the day of court?
If you are unwell then you should let the person who cited you know as soon as possible, normally either the defence solicitor or procurator fiscal. If it means that you are too unwell to attend court then you will require to provide a medical certificate from your doctor.
Giving evidence at court
Before you give evidence in court, a court official will call your name and arrange for you to be shown to the witness box. Once there, you will be asked to swear an oath or to affirm. You will then be asked questions about what you know about the case.
You will be questioned by the defence solicitor, procurator fiscal and judge/sheriff. This process is known as ‘examination and cross-examination’. How long you are in the witness box will depend on how much information you know about the case.
Being a witness in court
Being a witness in court is an important job and responsibility to ensure that justice is done. You should not ignore a citation and you must ensure that you attend court as a witness on the date and time specified in the citation. if you do not attend, the court can issue a warrant for your arrest.
Contact our Criminal Solicitors in Glasgow
If we have cited you to attend court to give evidence, and you are concerned about what this means for you, call us on 0141 552 8553. We understand that being a witness can be a daunting and stressful. If you feel you will need additional support, we can discuss this with you and where appropriate, make arrangements for this to be put in place.
