Going to Court

Related FAQs

Q.Are courts always open to the public? Can anyone attend court?

A.

All courts are public buildings, and almost every court hearing will be open to anyone, on the principle that justice should be seen to be done. Court opening times can be found here

In a “closed court”, the public is excluded. There are limited circumstances in which this may occur. It may be in order to protect vulnerable witnesses (such as where a child or the complainer of a sexual offence is giving evidence), or to ensure confidential information does not become public.  

When first charged with a serious criminal offence on petition, an accused’s first court appearance will be a private Sheriff Court hearing. At this hearing the accused will be granted bail or remanded in custody.

Q.Can I bring my child into court with me? What age do you have to be to attend court?

A.

Children under 14 are not normally allowed in a courtroom unless they are giving evidence, or have the court’s prior approval to attend for educational purposes.

Q.How do I address a judge in court?

A.

Judicial titles are a traditional courtesy, dating back centuries. They serve as a mark of respect, and distinguish different types of judges.

A judge is called My Lord or My Lady, as the case may be.  A stipendiary magistrate or Justice of the Peace is called Your Honour.  The forms of address for all members of the Scottish judiciary can be found here

When at court your legal representative or court staff will be able to advise you as to the appropriate forms of address. If you make a mistake when addressing a judge, no one will mind so long as your intention was to be polite.

Q.What do you do when you arrive at a court for jury service or as a witness?

A.

Information for jurors can be found here

If you are attending court as a witness you may find these information booklets helpful.

Q.What happens if I am late for court or break any of the other rules?

A.

If you are going to be late for a court appearance, telephone the court, or your legal representative if you have one. Depending on the circumstances, there could be a penalty – a person who misses a court appearance, whether a witness, party or an accused may have a warrant issued for his or her arrest.

Misbehaviour in court is likely to result in a warning or reprimand from the judge. A more serious breach of court protocol may amount to the offence of contempt of court, which can be punished by a fine or even imprisonment.

Q.What should I wear in court?

A.

Regardless of why you are attending court, it is best to be dressed smartly and relatively formally. Choice of clothing is less significant for jurors, but it is advisable to choose comfortable clothes as you may be at court all day.

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The Scottish Court Service

The Scottish Court Service (SCS) is responsible for providing the staff, buildings and technology to support Scotland’s courts, the work of the independent judiciary, the courts’ Rules Councils and the Office of the Public Guardian. The Board of the Scottish Court Service is chaired by the Lord President. Visit the SCS website www.scotcourts.gov.uk for details of daily court business including court locations, contact numbers, rules, guidance and advice for both professional users and members of the public.

Find out more about attending court