Victims and Witnesses in Scotland: 12 questions answered
Victims and witnesses in Scotland have rights to information, support and protection under the Victims and Witnesses (Scotland) Act 2014. Help is available from the Crown Office's VIA service and Victim Support Scotland, and the 2025 justice reforms are adding further rights during 2026.
Law checked as at 25 September 2026. Legal information only, not legal advice. See how we check this page and recent changes.
How do I report a crime in Scotland?
In an emergency, or if a crime is happening now, call 999. For non-emergencies, call Police Scotland on 101, or use the online reporting options on the Police Scotland website for some types of crime. If you want to stay anonymous, you can contact the independent charity Crimestoppers on 0800 555 111. When you report a crime, you should be given a reference number. Police Scotland can refer you to victim support services, and from 1 October 2026 the police must explain your right to be referred and pass on your details if you agree.
What rights do victims and witnesses have in Scotland?
Victims and witnesses have rights under the Victims and Witnesses (Scotland) Act 2014. These include the right to information about the progress of the case, to understand and be understood, to have your safety and wellbeing taken into account, to be offered support, and to ask for special measures when giving evidence. Police Scotland, the Crown Office and Procurator Fiscal Service, the Scottish Courts and Tribunals Service, the Scottish Prison Service and the Parole Board must publish standards of service. The Victims' Code for Scotland summarises these rights. From 1 October 2026, the principle of trauma-informed practice also applies in the courts.
What is the Victim Information and Advice (VIA) service?
VIA is a service run by the Crown Office and Procurator Fiscal Service (COPFS) for victims and some witnesses in cases being prosecuted. It is offered in particular cases, including domestic abuse, hate crime, sexual crime and stalking, and to next of kin in a death investigation. VIA staff can explain how the justice system works, keep you updated on the case, apply for special measures when you give evidence, help you with a victim statement, pass on your views about a non-harassment order, arrange a court visit and refer you to support organisations. VIA staff are not lawyers and cannot influence the outcome.
Can I challenge a decision not to prosecute?
Yes. If the procurator fiscal decides not to prosecute, or stops a case after it has started in court, the victim can ask COPFS to review the decision under the Victims' Right to Review scheme. You should apply as soon as possible, ideally within one month of learning of the decision. A prosecutor who was not involved in the original decision will consider whether it was reasonable, and COPFS aims to reply within 20 working days. Reviews are not available where a plea was accepted, the court acquitted the accused, or the case was dealt with by a direct measure such as a fiscal fine.
What is a victim statement?
A victim statement, also called a victim impact statement, lets you tell the court how a crime has affected you physically, emotionally and financially. If your case qualifies, the procurator fiscal usually sends a form with your witness citation, and giving one is your choice. The judge only sees it if the accused pleads guilty or is found guilty, and it is shared with the defence at that stage. At present, victim statements are available for certain prescribed offences. From 16 November 2026, under the Victims, Witnesses, and Justice Reform (Scotland) Act 2025, they will be available for any offence prosecuted under solemn procedure.
How can I find out when an offender will be released?
Through the Victim Notification Scheme. If the offender was sentenced to less than 18 months, you can ask the Scottish Prison Service for the release date without registering. If the sentence was 18 months or more, you can register for the full scheme to be told about release, escape, death or return to prison, and to make written representations about temporary release, home detention curfew or parole. Where the victim has died, close relatives can apply. You can get a registration form from the VIA service. The offender is not told you have registered, but they can see any representations you make.
What special measures can help me give evidence?
Special measures help vulnerable witnesses give their best evidence. Witnesses under 18, and complainers in cases of sexual offences, domestic abuse, stalking and human trafficking, are automatically entitled to standard special measures: giving evidence by live television link, using a screen so you cannot see the accused, and having a supporter with you. Other witnesses can apply if there is a significant risk that fear or distress will affect their evidence. Other measures include giving evidence in advance to a commissioner, which is recorded, and using a prior statement as evidence. In sexual offence cases, the accused cannot personally cross-examine the complainer.
What happens if I am cited as a witness?
A witness citation is a formal legal document requiring you to attend court on a particular date. You must attend unless you are told the citation has been cancelled. If you fail to attend without a reasonable excuse, the court can issue a warrant for your arrest. If you cannot attend because of illness, a booked holiday or another problem, contact the Crown Office using the details on your citation straight away. Prosecution witnesses can claim travel costs, a meal allowance, loss of earnings and some childcare costs from COPFS, so keep your receipts. An accused person cannot claim witness expenses.
Will I be named if I am the victim of a sexual offence?
At the time of writing, Scotland has no general law automatically protecting the identity of adult victims of sexual offences, although the media normally choose not to name them. The Victims, Witnesses, and Justice Reform (Scotland) Act 2025 will give victims of sexual offences, female genital mutilation, forced marriage, human trafficking and intimate image offences lifelong anonymity, but that section is not yet in force. Courts can already make orders restricting reporting, and there are restrictions on identifying children involved in criminal proceedings. Since 1 April 2026, complainers in High Court sexual offence trials can ask for a transcript of the trial.
What is the Victims and Witnesses Commissioner for Scotland?
The Victims and Witnesses Commissioner for Scotland is a new independent office created by the Victims, Witnesses, and Justice Reform (Scotland) Act 2025 to promote and support the rights of victims and witnesses and to monitor how justice agencies meet their duties. The provisions establishing the office came into force on 19 March 2026. At the time of writing, no Commissioner has been appointed: recruitment for the first Commissioner opened in September 2026, with applications closing on 23 October 2026. By law, the Commissioner will not be able to act on individual cases, though they can look at cases to draw wider conclusions.
Can I get compensation as a victim of crime?
Victims of violent crime in Scotland can apply to the Criminal Injuries Compensation Authority (CICA), which runs a government scheme covering England, Scotland and Wales. You should apply as soon as reasonably practicable and normally within two years of the incident, with different rules for people who were children at the time. You will usually need to have reported the crime to the police and cooperated with the investigation, and an award can be reduced if you have unspent convictions. Separately, a criminal court can order the offender to pay you compensation, and you may be able to make a civil claim.
What is a non-harassment order?
A non-harassment order (NHO) is a court order banning a person from behaving in specified ways towards a victim, such as contacting them or going near their home. A criminal court can make one when sentencing someone convicted of an offence involving harassment of, or misconduct towards, the victim, under section 234A of the Criminal Procedure (Scotland) Act 1995. In domestic abuse cases the court must consider one, and for convictions from 1 September 2026 this also applies to sexual offences, stalking and intimate image offences. Breaching an NHO is a criminal offence punishable by up to five years' imprisonment. Victims can also apply to a civil court.
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Victim and witness helplines and next steps →Official sources
Primary sources and official guidance on this topic, for anyone who wants to read the underlying rules directly.
- COPFS: Victim Information and Advice (VIA) service
- COPFS: Victims' Right to Review
- COPFS: Victim Notification Scheme
- Victims, Witnesses, and Justice Reform (Scotland) Act 2025 (Commencement No. 2 and Saving Provisions) Regulations 2026
- GOV.UK: Criminal injuries compensation, a guide
- Victim Support Scotland
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