How the Process Starts

There are three ways a prosecution can start: either you are held overnight and taken to court the next day1, or you are released from the police office on an Undertaking or you receive a citation. If you receive a 'warning letter' from the Procurator Fiscal saying that he's not going to prosecute you this time (but might next time) then you can't then be prosecuted for that action.

Receiving a Citation

You can receive a citation in a number of ways. The usual method, if you have simply been released without any paperwork, is for it to be sent by recorded delivery post. If there are problems with that then they may send the local police round to hand it to you personally. You can also be handed the citation as you are released from the police office.

The citation will contain a copy of the 'complaint' the Procurator Fiscal (PF - the prosecutor in Scotland) is making against you. It will also include the date of the Plea Hearing (see below), a form which you can fill in and post back if you want to enter a plea by post and a copy of your criminal record. There will also be a page with advice about Legal Aid.

If you are released from the police station without any paperwork and move from the address you gave to the police you should make sure whoever is there will either forward the citation on to you or tell the postman/police that you no longer live there so that the citation will be returned to the PF.

If the PF has been unable to deliver a citation they might ask the court for a warrant, but this is just to catch up with you to get you to court so they can find out your new address and give you a court date. They don't usually come looking for you but wait until you show up at Faslane again although some people who have been arrested at other demos have been held on a Scottish warrant and brought here. They have also arrested people on a warrant as they are released from prison.

If the citation has been delivered and you don't show up or send in the reply form then they will also ask for a warrant and will do the same thing as above, although they will view it slightly more seriously as you did know about it.

Release on an Undertaking

This is where you sign a document in the police office (before being released) agreeing to come back to court on a certain date. In this situation you do not get the actual 'complaint' (the charge against you) until you get to court on that day. You can also be given a citation as you leave the police station (see above). The difference is that the Undertaking is a single piece of paper with just a court date whereas the Citation has the full charge, reply form, criminal record, etc.

If you have signed an undertaking then it is an extra offence not to come to court on the specified day. If you can't make it, or live a long way away and would have great difficulty getting here, then you should probably consult a solicitor as soon as possible. (Note that you don't have to sign the Undertaking so if you know in advance you can't come that date, don't sign.) The court hearing that day will be a Pleading Diet (see below).

Appearing From Custody

If you are taken straight to court (the next working day) then you will still be in custody when you get to court. You should be given a copy of the 'complaint' (the charge against you). You have the right to consult with a solicitor before going in to court - if you want to do this make sure you ask as early as possible so as not to be delayed more than necessary. You can either ask the solicitor to represent you in court or just ask them for some advice then represent yourself. Seeing a solicitor at this stage (while in custody) is always free.