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• Services >
• Social care and health >
• Criminal justice social work >
• Appearing at court >

Appearing at court

The following information relates to offenders over the age of 16.  For Youth offending, please see Youth offending - general information

 

If someone is charged with an offence, they may be expected to appear in Court.  The Court which they appear before will depend on the seriousness of the offence.  Most offenders will appear before the Sheriff Court or the Justice of the Peace Court, however those charged with serious offences, such as murder.

If the Procurator Fiscal decides that formal proceedings are not necessary, they may not appear before the Court. This tends to occur in the instance of a minor offence being committed, or if the alleged offender is young or a first offender.  The case is diverted from prosecution.

Following an initial Court appearance, the Court may decide to divert from prosecution, remand a person in custody whilst court proceedings are on-going, or place the alleged offender on bail supervision.

We have Court social workers at Stirling Sheriff Court.  If the alleged offender or their family require and advice or assistance prior to, or after, the Court proceedings, our Court social workers will be available.

Diversion from prosecution

The Procurator Fiscal may deem that it is not in the public interest to prosecute a case through court.  In such instances, the decision to prosecute may be deferred whilst the case is referred to the Criminal Justice Social Work team.  The team will undertake further assessments of the alleged offender and, if appropriate, intervention.  Following a period under voluntary supervision to the Criminal Justice Service, a report will be sent to the Procurator Fiscal advising of outcome. This procedure is known as Diversion from prosecution.

Bail

The period of time between a first court appearance on a new charge, and the final appearance when a person is found to be not guilty, or when a final sentence is imposed, can be lengthy.  If the Court may have no reason to be concerned about a person's behaviour, he/she is simply "Ordained to Appear" at subsequent court Hearings.  Bail can also be granted under conditions imposed by a bail order, such as not interfering with, or causing alarm or distress to witnesses.  Bail may also require supervision of a Criminal Justice social worker who may work with the alleged offender to address any issues within the alleged offenders life which may increase the risk of re-offending.

Further information about bail.

Conviction

If convicted of an offence the sheriff will request a Criminal Justice Social Work report to be created which will seek one or more disposals, which are detailed in following conviction.