Claiming damages from the offender

Skotlanti

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Skotlanti

How can I claim damages or other means of redress/satisfaction from an offender in a trial (criminal proceedings), and who should I address this claim to?

If the accused pleads guilty, or is found guilty, the court may order the accused to pay you compensation.  The court will contact you if a compensation order is made. If you do not want compensation please inform the Crown Office and Procurator Fiscal Service as soon as possible.

At which point in the criminal proceedings should I present a claim?

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What can I ask for in the claim and how should I present it (indicate a total amount and/or specify the individual losses, lost profits and interests)?

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Is there a specific form for such claims?

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What evidence do I need to present to support my claim?

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Are there courts fees or other costs linked to my claim?

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Can I get legal aid before and/or during the proceedings? Can I get it if I'm not living in the country where the proceedings take place?

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When would the criminal court dismiss or refuse to adjudicate on my claim against the offender?

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Can I appeal against such a decision or seek other means of redress/satisfaction?

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If I am awarded damages by the court, how do I ensure the judgement is enforced against the offender and what help can I get to ensure this?

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Last update: 24/04/2019

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