Glossary
Plain English definitions of terms used across this site
These are short, plain English definitions, not legal advice. Where a fuller explanation exists elsewhere on this site, the term links to it.
A
The person against whom a criminal allegation has been made. Being accused is not the same as being charged, and being charged is not the same as being convicted. Read more →
A verdict of not guilty, or in the past not proven, which ends a criminal case in the accused's favour. It means the case was not proved, not that a court has ruled on what actually happened. Read more →
A postponement of a court hearing to a later date, often used to allow more time for preparation, reports, or for other procedural reasons. It is routine and does not, by itself, indicate anything about the strength of a case.
A formal challenge to a conviction or sentence, heard by a higher court. An appeal is not a retrial — it examines whether something went wrong in the original proceedings. Read more →
The right to a fair trial under the European Convention on Human Rights, which applies in Scotland and underpins many of the procedural protections described on this site. Read more →
B
Release from custody, usually with conditions attached, while a case is ongoing. Breaching bail conditions is a separate offence from the original allegation. Read more →
Guidance issued to judges and sheriffs on directing juries, including on sensitive areas such as evidence in sexual offence cases. It is updated periodically as the law develops.
C
The formal point at which a person is told they are being charged with an offence, and is cautioned that they do not need to say anything in response. Read more →
A formal accusation that a specific offence has been committed, marking the point at which the criminal process moves from investigation towards court. Read more →
The person who has made the allegation in a criminal case, used in Scottish procedure regardless of the eventual outcome of the case.
In summary procedure, the document that sets out the charge against the accused, broadly equivalent to an indictment in solemn procedure. Read more →
A finding by a court that an accused person is guilty of the offence charged. Read more →
The Scots law requirement that the essential facts of a crime be established by evidence from more than one source. It is a long-standing and distinctive feature of Scottish criminal procedure. Read more →
The Crown Office and Procurator Fiscal Service, the public prosecution service for Scotland, responsible for deciding whether to prosecute and for conducting prosecutions.
A report prepared to assist a court in sentencing, covering matters such as the background and circumstances of the accused and the risk they may pose.
Being held by police or in prison, rather than being at liberty. A person can be held in police custody before any court appearance, or remanded in custody by a court while a case is ongoing.
D
The accused person's side of a criminal case, including their solicitor or counsel, as distinct from the Crown.
The Crown's obligation to share with the defence material that is relevant to a case, including material that might assist the defence or undermine the Crown's case. Read more →
A solicitor available, free of charge, to give advice to someone who has been arrested and does not already have their own solicitor. Read more →
F
The set of procedural protections, rooted in Article 6 of the European Convention on Human Rights, intended to ensure criminal proceedings are conducted fairly. Read more →
The first time an accused person appears before a court after being charged. What happens at this stage differs depending on whether the case is solemn or summary. Read more →
Scientific or technical examination of evidence, including digital devices, which can take a considerable amount of time and often explains delays during an investigation.
G
The specific legal reasons put forward for why a conviction or sentence should be overturned, which an appeal court will consider. Read more →
H
Scotland's highest criminal court, which hears the most serious solemn cases at first instance and also sits as the Court of Criminal Appeal.
I
The formal document used in solemn procedure that sets out the charges against the accused. Read more →
Release from custody, with conditions, pending a future court date — broadly the term used for what is commonly referred to as bail before conviction.
J
In Scotland, a panel of fifteen members of the public who decide the facts in a solemn criminal trial, reaching a verdict by simple majority. Read more →
L
Public funding that can cover some or all of the cost of legal representation for people who meet the financial eligibility criteria. Read more →
M
A Scottish legal principle allowing evidence from separate complainers, in similar circumstances, to corroborate each other in certain cases, particularly where direct corroboration would otherwise be difficult to obtain. Read more →
N
A decision by police or the Crown not to proceed with a charge. It is a final outcome, but is a different thing in law from an acquittal. Read more →
A historic third verdict in Scots law, alongside guilty and not guilty, which had the same legal effect as an acquittal. It was abolished, and the reasons for that change are covered on this site. Read more →
P
In solemn procedure, the document used at an early stage to bring a case before the court, before a full indictment is served.
An early court hearing in a solemn case, at which the accused appears on petition and the court considers matters such as bail, rather than entering a plea. Read more →
The accused's response to a charge, either guilty or not guilty, entered in court.
A statement taken from a witness, usually by or on behalf of the defence, to find out in advance what their evidence is likely to be.
A public prosecutor in Scotland, employed by COPFS, responsible for prosecuting cases, usually in the Sheriff Court.
Physical items, documents, or other material listed in connection with a case, which may or may not end up being used as evidence at trial. Read more →
R
The standard of proof in Scottish criminal trials. The Crown must prove its case beyond reasonable doubt, not merely that it is more likely than not. Read more →
Being held in custody by order of a court while a case is ongoing, rather than being released on bail.
S
The Scottish Criminal Cases Review Commission, an independent body that can investigate and refer potential miscarriages of justice back to the appeal court after normal appeal routes are exhausted. Read more →
A provision of the Criminal Procedure (Scotland) Act 1995 that restricts certain evidence and questioning about a complainer's sexual history or character in sexual offence cases. Read more →
The exception process that allows a court to permit otherwise-restricted evidence under Section 274, where specific conditions are met. Read more →
The penalty imposed by a court following a conviction, which can include imprisonment, a fine, a community sentence, or other orders. Read more →
A notification scheme requiring certain convicted people to keep police informed of personal details, for a period determined by the sentence imposed.
The main local criminal court in Scotland, which deals with both summary cases and the less serious end of solemn cases.
The process used for more serious criminal cases in Scotland, tried before a jury of fifteen in the Sheriff Court or the High Court of Justiciary. Read more →
A formal defence, such as alibi or self-defence, that must be specifically notified to the Crown in advance of trial under Scottish procedure.
The level of certainty required for a conviction. In Scottish criminal trials, the Crown must prove its case beyond reasonable doubt. Read more →
The process used for less serious criminal cases in Scotland, decided by a sheriff sitting alone, without a jury. Read more →
U
A formal promise, given on release from police custody, to attend a specified police station or court on a future date, sometimes with conditions attached. Read more →
V
The decision reached by a jury or a sheriff at the end of a trial — guilty or not guilty in current Scots law. Read more →
W
A person who gives evidence in a criminal case, whether for the Crown or the defence, including the complainer in cases involving an alleged victim.
These definitions are general and for orientation only. They do not constitute legal advice and individual cases vary. Anyone facing criminal proceedings in Scotland should seek advice from a qualified Scottish solicitor.
Support exists for families going through this, not just for the person accused. Family Support and Legal Support and Representation cover finding a solicitor, legal aid, and organisations that work directly with families in this position.