Scotland · Checklist

Going to court: checklist and questions for your solicitor

Going to a criminal court is stressful, and missing it can lead to a warrant for your arrest. Use this checklist to be ready on the day, and take the questions below to your solicitor.

Checked as at 25 September 2026. General information only, not legal advice.

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On the day: checklist

1. Bring your citation or court papers

Take the citation or complaint sent by the Procurator Fiscal (or your undertaking or indictment), which states the charge, the court and the date. Bring any letters from your solicitor too.

2. Check which court you are in

Criminal cases call in the Justice of the Peace court, the sheriff court (summary or sheriff and jury) or the High Court. Your citation tells you which court and building to attend.

3. Reply to your citation if asked

In some summary cases the citation lets you reply in writing with a plea, but the court can still require you to attend, particularly for sentencing. If you are unsure, speak to a solicitor before replying.

4. Get a solicitor

Contact a criminal defence solicitor as early as you can; the Law Society of Scotland can help you find one and the Public Defence Solicitors' Office also represents accused people. If you appear from custody, a duty solicitor is available at court.

5. Legal aid through SLAB

Legal aid is run by the Scottish Legal Aid Board and your solicitor applies for it on your behalf. Bring details of your income, benefits and outgoings; in summary cases criminal legal aid is usually applied for after a not guilty plea, with other help available at earlier stages.

6. Arrive in good time

Get there well before the time on your citation. You may have to pass through metal detectors and security checks, and your case may not be called for some time.

7. Phones, food and recording

Switch off your phone before entering the courtroom and keep it off. Recording and photography are not allowed without the court's permission, and you cannot eat or drink in the courtroom.

8. Dress for a serious occasion

Dress in a way that suits the serious business of the court. The judge or sheriff can refuse entry to, or remove, anyone who is inappropriately dressed or behaves badly.

9. Arrange childcare

The Scottish Courts and Tribunals Service has no childcare facilities, and children under 14 (other than babies in arms) are generally not allowed into the courtroom unless they are witnesses.

10. Stay sober

Do not attend court under the influence of alcohol or drugs. Disrespectful behaviour can be treated as contempt of court, which can lead to a fine or imprisonment.

11. Interpreter or support needs

Tell your solicitor well in advance if you need an interpreter, including British Sign Language, have a disability, or need medication or breaks during the hearing.

12. Do not miss your court date

If you fail to appear the court can grant a warrant for your arrest (section 150 of the Criminal Procedure (Scotland) Act 1995). If you are on bail, failing to appear without reasonable excuse is a separate offence under section 27.

13. If you are ill or delayed

Contact your solicitor and the court as soon as possible before the hearing. If you are too ill to attend, ask your doctor for a medical certificate saying you are unfit to attend court; the court decides whether to accept it.

14. Pack a bag just in case

If there is a chance of being remanded or sentenced to custody, bring any essential medication, a change of clothes and family phone numbers written down.

Questions to ask your solicitor

At the police station

Am I under arrest, or am I attending voluntarily and free to leave?
What offence am I suspected of, and what have the police told you about the evidence?
Should I answer questions or make no comment in interview, and what are the pros and cons in my case?
Can the police keep me in custody, and for how long before I must be charged or released?
Am I likely to be released on an undertaking, held for court or reported to the Procurator Fiscal?
Can the police take my fingerprints, DNA or photograph, or search my phone or home?
Could the fiscal offer a direct measure such as a fiscal fine or warning instead of prosecution?
Can you tell a family member or friend where I am?

After being charged

What exactly am I charged with, and what is the maximum penalty?
Is my case likely to be dealt with under summary or solemn procedure, and in which court?
What do my bail or undertaking conditions mean, and can they be changed?
Am I eligible for legal aid through SLAB, and what information do you need from me?
What evidence has the Crown disclosed, and when will we get the rest?
How would the stage at which I plead affect any sentence discount?
Is anyone I must not contact, or anywhere I must not go?
What can I do now to help prepare my defence?

Before going to court

What will happen at this hearing (for example a pleading diet, intermediate diet or preliminary hearing)?
Will I be asked to plead, and what are my options?
What is the realistic range of sentences if I plead guilty, or if I am convicted after trial?
Is there a risk of being remanded in custody or sentenced on the day?
Will the court order a criminal justice social work report, and what does that involve?
Should I bring references, proof of work or medical evidence?
Will I need to give evidence, and do I need to lodge a special defence?
Where and when should I meet you at court?

After sentence

What does my sentence require me to do, and for how long?
Can I appeal against conviction or sentence, and what are the time limits?
When will this conviction become spent, and what will show on a disclosure check?
Do I have a fine or compensation to pay, and how and when?
What happens if I break the terms of my order?
Is my driving licence affected, and when can I drive again?

Official sources

Primary sources and official guidance on this topic, for anyone who wants to read the underlying rules directly.

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