Witness availability for High Court

Witness Availability Letter - High Court

As a witness in an ongoing case, you will receive an availability letter from the Crown Office and Procurator Fiscal Service (COPFS). This letter will ask you to give us any dates over the next 18 months that you cannot attend court.

We need this information because you might have to attend court to give evidence. When we know your availability, it helps us advise the court about suitable dates for trial.

The court will identify a date for the trial. This trial date will be confirmed during a Preliminary Hearing, and we will tell you what this date is.

It may not always be possible to schedule a trial date that accommodates all witnesses.

However, we will use the information you give us to tell the court about any dates that are not convenient for you.

What is a Preliminary Hearing? 

A Preliminary Hearing is a pre-trial proceeding that assesses whether both the prosecution and defence are prepared to proceed to trial. 

If the case is not ready for trial, another Preliminary Hearing will be scheduled.

You do not have to attend Preliminary Hearings. 

What to do when you get your letter

Our letter asks you to complete and return a form to us. The letter will specify the deadline by which this form needs to be submitted.

Complete the form by:

  • confirming your personal details and preferred contact method
  • telling us any dates that you are unable to attend court and why
  • telling us about any holidays or medical appointments you already have booked 

If you don’t get a letter

Some witnesses may not receive a letter. This could be because you are referred to our Victim Information and Advice (VIA) service, or because you may not have to go to court.

For some witnesses who are deemed vulnerable, it may also be safer not to send documents through the post. If this applies to you, we will contact you through another means, such as by phone.

You may also wish to contact us through your existing VIA contact point or by reaching out to our Witness Assistance Team.

Changes to your availability after you’ve returned the form

We understand that your commitments may change after you return the form. If this happens, contact us to let us know.

Please contact our Witness Assistance Team as soon as possible if you:

  •  have any changes to your availability
  • have difficulty telling us when you will be available for court
  • will struggle to attend court at short notice
  • have any other relevant information 

Witness Assistance Team contact details

The Witness Assistance Team can help you with any questions about your form, or if you need to update your availability.

You can contact the Witness Assistance team by:

Phone lines are open Monday to Thursday from 8:30 AM to 12:30 PM and 1:30 PM to 4:30 PM, and on Friday from 8:30 AM to 12:30 PM and 1:30 PM to 4:00 PM.

Rates for mobile phone calls may vary depending on your service provider

Relay UK 

If you are Deaf, hard of hearing, or speech impaired, you can contact us by phone using Relay UK.

For further contact details and to download the app, please visit the Relay UK website.