Inside a Court Room
Who's Who in Court
Judges preside over the court ensuring cases are heard and verdicts returned within a legal framework. The judge will decide on the appropriate sentence in criminal cases or decision in civil cases. The judge normally sits at the head of the courtroom on a raised platform, which is known as the Bench. In some cases the judge may sit at the court table in the well of the court.
The person facing prosecution for the crime is known as the accused. The formal legal term for the accused is “panel” (Sometimes written as “pannel”). The word “defendant” is not used.
The lawyers and who they represent
The lawyers sit in the front rows of the benches facing the judge or sit in the well of the court depending on the court or the nature of the proceedings. In criminal cases, a prosecutor from the Crown Office and Procurator Fiscal Service presents the case against the accused. In the High Court the prosecutor is known as the advocate depute, and in the Sheriff Court and Justice of the Peace Court it is the procurator fiscal. The prosecutor normally sits at the table immediately in front of the Bench to the judge’s right-hand side. The accused is normally represented by a solicitor or advocate who sits at the table in front of the Bench to the judge’s left-hand side.
In civil cases, lawyers usually represent the pursuer or petitioner – the individual or body who initiates the action or petition – and the defender or respondent – the other party.
A jury hears the evidence in serious criminal cases and some civil hearings. In criminal cases, the jury is made up of 15 members of the public chosen at random from the electoral register. In civil cases, there are 12 jurors. They sit in the jury box, which is usually at one side of the courtroom, near the judge. The names of the public who attend as potential jurors are placed in a glass bowl and picked at random in open court. Once selected jurors are sworn in and take an oath or affirmation.
The jurors raise their right hand and the clerk of court asks them "Do you swear by Almighty God that you will well and truly try the accused and give a true verdict according to the evidence". The jurors reply: "I do".
The juror is asked to repeat after the clerk of court "I [name], do solemnly, sincerely and truly declare and affirm that I will well and truly try the accused and give a true verdict according to the evidence".
Witnesses give the evidence in a case. They stand in the witness box, which is usually at the opposite side of the court to the jury box. Witnesses take an oath or affirmation that they will tell the truth. They can be asked questions by the lawyers or directly by persons who are not represented by lawyers.
The witness raises his/her hand and repeats after the judge "I swear by Almighty God that I will tell the truth, the whole truth and nothing but the truth."
The witness is asked to repeat after the judge " I solemnly, sincerely and truly declare that I will tell the truth, the whole truth and nothing but the truth".
The Court Officials
The clerk of court assists the judge and assures the smooth running of the court. The clerk records the proceedings and advises court users on procedures. He or she normally sits at the table immediately in front of the judge, facing into the courtroom.
The court or bar officer or, in the High Court or Court of Session, the macer, calls the accused and witnesses into the courtroom. He or she will show them where to sit or stand, and part of their duty is to help maintain order in the courtroom. The court officer also advises court users. He or she also takes the judge on and off the Bench.
In most courtrooms, there will be at least one police officer, who helps maintain order if necessary.
A section of the area in which the public sit is usually reserved for the media who are there to report cases. This is normally behind the accused and close to the witness box to enable them to hear proceedings
Most cases are open to the public. The public seating is usually at the back of the courtroom, facing the judge.