After the verdict: guide for parent and carers

The victims may have written an impact statement (also known as a victim statement) for certain types of crime. It tells the court how the crime affected them and continues to affect them.

Any victim statement provided will be read in court in the event of a guilty verdict or guilty plea. This enables the victim’s experiences to be taken into account during sentencing.

If you are the parent or carer of a victim, you can read more about victim statements.

If the accused is found guilty, the judge, sheriff or justice will either:

• pass sentence (decide punishment) straight after the verdict
• delay sentencing until a later date – this allows time to gather information that will help decide the sentence

If sentencing is delayed, the judge will decide what happens to the accused in the meantime. They can be:

• remanded – kept in custody
• granted bail
• ordered to return to court on a certain date

Fines

If the sentence involves a fine, this will be dealt with by the courts.

The offender can pay their fine here.

Custodial sentences

If the accused is sent to prison or a young offenders’ institution (YOI), this sentence will begin immediately.

The Scottish Prison Service (SPS) deals with prison and YOI enquiries. The SPS have information for people affected by crime. They also have guidance for families of persons in custody. This includes visiting.

Other sentences

See our guide to Scotland’s criminal justice system for other types of sentence. These include:

• absolute discharge
• admonition
• community payback orders
• compensation orders
• disqualifications
• other court orders

If the accused is found guilty, they may be able to appeal against:

• their conviction – the verdict
• their sentence – the type of punishment
• their conviction and their sentence

If the accused submitted a guilty plea, they can only appeal against their sentence.

Only prosecutors or convicted persons can lodge an appeal:

• prosecutors, if they think the sentence was too lenient or on a point of law
• the accused, if they think their sentence was too severe or that their conviction was wrong in law.
• victims have a right to review – read more

Appeals can be refused, allowed, or allowed in part. Just because an appeal is made, this does not mean it will be successful. In many cases, the original verdicts and sentences are upheld at appeal.

If you’re the parent or carer of a victim, talk to your VIA contact if you have concerns about a verdict or sentence.

If you’re the parent or carer of an accused person, the courts have more information on the appeals process.

If you’re a parent or carer of a witness, you may want to know what happens in the case after the verdict. ‘Prescribed relatives’ may follow our process to access further information.

If you’re a parent or carer of a victim, our Victim Information and Advice service (VIA) can update you about sentencing.

If you are the parent or carer of a witness, you may be able to claim expenses for attending court.

See our guide on expenses claims.

As part of the investigation, the police may have taken items that belong to persons involved with the case. Where possible, any legal property may be returned after the trial.

This may take some time. Some items cannot be returned due to damage. We may also need to keep items back until further notice. For example, if an object continues to be an important piece of evidence in another case.

If the accused is sent to prison, they may serve a shorter period than the sentence the court gave them.

Read more about parole and conditions of early release at the Scottish Prison Service.

If you are the parent or carer of a victim, see our page on the Victim Notification Scheme which can:

• keep you updated on the status of any imprisonment
• give you the chance to make representations to any parole process

Being a victim or witness in a court case is important for justice but can be a difficult experience. You may want practical advice. The person you are caring for may want ongoing support after the verdict.

See Victim Support Scotland’s guidance on:

• victim safety
• speaking to a trained supporter