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Find out about the different people who may be present in the courtroom.
A Judge, Sheriff or Justice of the Peace makes sure that the law is complied with and is responsible for sentencing an accused following conviction.
The Judge, Sheriff or Justice of the Peace normally sits at the head of the courtroom on a raised platform commonly known as the Bench.
The Judge or Sheriff may sit with or without a jury, depending on the seriousness of the case and the procedure being adopted. The Justice of the Peace will always sit without a jury.
In the Sheriff Court and High Court, the clerk, who normally sits at the table in front of the judge facing into the courtroom is not legally qualified and cannot give legal advice. The clerk of court will issue and sign any relevant documentation which includes authorising the imprisonment or release of the accused.
In Justice of the Peace Courts the clerk of court, also an SCTS employee, is legally qualified and performs the same functions as the clerk of court in the sheriff court. In addition they record evidence in trials and may provide advice to a Justice both before and after conviction.
In the courtroom the prosecutor presents the evidence in the case against the person charged with the crime. This is done by the Lord Advocate or an advocate depute in the High Court. The local Procurator Fiscal or one of the deputes does this in the sheriff court and the Justice of the Peace Court.
The person who has been charged with the crime is commonly known as “the accused”.
Accused persons may represent themselves or nominate a solicitor to represent them in court. The accused’s solicitor will normally sit in the well of the court alongside the prosecutor and the clerk of court, facing the bench.
The witness can be called by the prosecution or defence and may be asked questions by both sides. The witness will provide evidence from the court’s witness box or, in some cases, remotely via a video link to the courtroom.
The court officer, or macer in the High Court, calls the accused and any witnesses into the courtroom. This officer will show the accused where to sit or stand and helps keep order in the courtroom.
Unless otherwise directed by the Judge, members of the public are free to sit in on court cases and view the proceedings.