Jurisdiction(s):
United Kingdom

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Key definition

Scottish Courts and Tribunals Service definition

What does Scottish Courts and Tribunals Service mean? In practice, the Scottish Courts and Tribunals Service (SCTS) runs the day-to-day administration of Scotland’s courts and devolved tribunals, supporting judges, tribunal members and users. Its functions are set out in legislation (principally the Judiciary and Courts (Scotland) Act 2008, with tribunal responsibilities provided under the Tribunals (Scotland) Act 2014). It operates as an independent statutory body governed by a board chaired by the Lord President, helping to safeguard judicial independence. SCTS provides staffing, estate and security management, IT and digital services, case registration and listing, courtroom support and records management. It publishes forms and operational guidance and administers payment of...

Evidence on commission in Scottish criminal proceedings: vulnerable witness eligibility, notices/applications, procedure, ground rules hearings and post-commission issues (Practice Note No 1 of 2024)

Published by a LexisNexis Corporate Crime expert

Practice notes

STOP PRESS: this Practice Note is being updated to take account of Criminal Courts Practice Note No. 1 of 2026: Taking of Evidence of a Vulnerable Witness by a Commissioner in the Sheriff Court

This Practice Note outlines the procedure for taking evidence on commission in criminal proceedings in Scotland. Commissioners are designated by the Scottish criminal courts to obtain testimony from vulnerable witnesses as a special measure.

What is meant by taking evidence by a commissioner

Taking evidence by a commissioner is a special measure that enables a vulnerable witness to give their testimony before the trial at a commission hearing. The core aim is to support the witness to provide their best evidence. When first introduced, these provisions constituted a major shift in Scottish criminal procedure. They are now routinely employed in High Court sexual offence cases—particularly where the case involves children or witnesses with additional vulnerabilities. In such matters, this is considered the preferred approach, and most now include evidence taken on commission. The court appoints a commissioner to receive the testimony. The witness’s evidence is recorded on video...

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Wendy Culross

Faculty of Advocates, Optimum Advocates

Since calling to the Scottish bar in 2013 Wendy has been involved in a number of large and complex trials. She has a particular interest in Health and Safety cases following an involvement in a number of such cases while a procurator fiscal depute and deals with breaches following HSE investigations, as well as technical breaches of regulations, and cases arising from Local Authority and police investigations.Wendy represents clients at all levels of criminal case, including enjoying a busy appellate practice. She deals with criminal trials and appeals; as well as frequently representing clients in debates on preliminary issues and pleas in bar of trial. Wendy’s technical knowledge is renowned, and she is often approached for her expertise in complex and unusual issues, given her ability to analyse cases forensically and engage with innovative solutions.Wendy has been at the forefront of the...

Web page updated on 21/05/2026

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