Information for bereaved families and friends following murder or culpable homicide

A break in court proceedings. This may be for lunch, overnight or to a completely new date.

An advocate or senior Procurator Fiscal who works only for the prosecution and prosecutes only in the High Court.

A challenge to the accused's conviction or sentence or both. The prosecution can only appeal against a sentence if they regard it as unduly lenient.

This refers to the accused's appearances in the Sheriff Court to answer preliminary charges (see later in table). These proceedings are held in private and may involve two separate appearances - committal for further examination and full committal (both are explained later). The accused will either be granted bail or remanded in custody.

When the accused is released from custody until the trial, or after conviction and before sentence. When released on bail, the accused must adhere to standard conditions that he/she appear at court, does not commit further offences, does not interfere with witnesses or otherwise obstruct the course of justice, does not behave in an alarming or distressing manner, and makes himself/herself available for enquiries or report. The courts may add any further, special conditions they like to ensure the observance of these standard conditions. Examples of special conditions are that an accused does not enter a certain area or has a curfew, meaning he/she must remain at home during certain periods of the day/night.

The Judge's legal direction to a jury in matters of law and evidence before they decide on their verdict.

A letter which tells a witness to attend court to give evidence at a trial. It states the date, time and location the witness should attend.

Responsible for the management of the court and jurors. The clerk is the main point of contact with the Judge and ensures the correct recording of all proceedings, including the verdict.

What happens at the end of the accused's first court appearance. The accused will either be granted bail or remanded in custody until being fully committed for trial (see later).

Senior prosecutors (also called Advocates Depute) who decide whether a criminal prosecution should take place, against whom and on what charges. They receive reports from the procurator fiscal about the evidence in the case.

The advocate that acts for either the prosecution or the accused (a different advocate will act for each).

This can help you find out what to expect at court, particularly if you will be a witness at the trial. It can be arranged in advance of the trial through the VIA officer or the Witness Service.

When someone who is convicted of culpable homicide is sentenced to a specific period of imprisonment.

The police officer who acts as the contact with the police investigation and keeps you informed of developments.

The scientific evidence collected from a crime scene, the body of the deceased and from other people, e.g. fingerprints, DNA samples.

The second appearance by the accused in private in the Sheriff Court. It is held to confirm that the accused should be brought to trial. Bail can also be considered at this hearing.

After a risk assessment, offenders can be considered for release between 2 weeks and 6 months before the date on which they would otherwise leave prison. Offenders released on HDC are subject to curfew conditions and monitored remotely by electronic equipment (a "tag").

The document that sets out the charge(s) in writing. It is given to the accused so that they know what they are accused of.

When the offender is released on bail, after appealing against sentence and/or conviction and before a decision on the appeal is made.

A Judge presides over cases heard in the High Court (in a Sheriff Court, the Judge is called a Sheriff).

The most senior prosecutors in Scotland - the Lord Advocate and the Solicitor General. Any decision to accept a plea of guilty to a reduced charge in a murder case can only be taken with their approval.

When an offender is released from prison before the end of their sentence, the licence sets out the conditions of behaviour that they must meet.

Scotland's senior prosecutor, with overall responsibility for the prosecution of crime in Scotland.

An officer of the court who attends to the Judge and assists with witnesses and productions in the trial.

Mentally disordered offenders are people, who, as a result of mental illness, have been found by the court to have diminished responsibility, or have been found not guilty on account of insanity.

When an offender is allowed to be released early from a prison sentence. This release will be subject to licence conditions (see earlier in table).

Responsible for deciding when a life sentence prisoner or one sentenced to 4 years or more will be released from prison on licence. The Board also considers any breaches of licence conditions and determines whether the risk can no longer be managed in which case the offender may be recalled to prison.

A qualified doctor who examines the body of the deceased to find out the cause of death.

The first document which sets out the charge against the accused, and starts the formal court process. This will not necessarily result in a trial and if it does, the charges that the accused faces at trial may be different from those set out in the petition.

The accused's answer to the charge. No trial is needed if they plead guilty.

Any factors that the accused's counsel thinks should be taken into account before sentence is passed.

The medical examination of the body of the deceased.

The process of getting information from witnesses to find out what they know about a crime. This happens before a trial and usually involves taking a written statement. It is done by the prosecution (Procurator Fiscal or precognition officer) and may also be done by the defence (solicitor or precognition agent). It is a vital part of the prosecution process and you must give a precognition if asked to do so.

A person working on behalf of a defence lawyer to find out from witnesses what they know about the crime. They will usually take a written statement and contact you at home to arrange this.

A person employed by the Procurator Fiscal to find out from witnesses what they know about the crime. They will usually ask you to attend the Procurator Fiscal's Office so they can take a written statement from you.

This is where the prosecution and the defence will tell the Judge whether or not they are ready for the case to go to trial. They may also agree any uncontroversial evidence. The trial date will only be set once both parties are fully prepared.

General term for the court process.

A qualified lawyer who is the public official in a local area responsible for investigating sudden deaths and prosecuting crime.

Documents shown as evidence in court during a trial, e.g. a forensic report. Other items, e.g. clothing are referred to as labels.

How long an offender who is given a life sentence must spend in prison. It is the minimum time they must spend in prison before being considered for release.

When a person is kept in custody (prison or a Young Offenders' Institution) awaiting trial or before sentence.

The senior police officer in charge of the police team investigating the death.

When the Judge reduces the length of sentence passed because the accused has pleaded guilty. The discount should be stated in court and should not be more than a third of the maximum available sentence.

A Judge who works in the Sheriff Court in a local area.

The local area court where the first step of the court proceedings will take place.

Where a trial takes place in front of a Judge and jury (always the case in a murder or culpable homicide trial).

Assists the Lord Advocate in leading the prosecution service.

A form of support that may be considered for a particularly vulnerable witness to help them give evidence.

Part of the Crown Office and Procurator Fiscal Service. Keeps victims and their families advised about the progress of the case that affects them. VIA also provides general information about the criminal justice system, can discuss any concerns you have if you are a witness in the case and can put you in touch with organisations that offer practical and emotional support.

A document from a court allowing the police to take certain action, e.g. to arrest someone or to search premises.