Analysis of information sources in references of the Wikipedia article "Precognition (Scots law)" in English language version.
You do not require to speak to a defence lawyer Procurator Fiscal will encourage you to give a statement to the defence lawyer as it will give them a better understanding of the evidence against the accused to help them advise the accused. This before the trial. However, like the Procurator Fiscal, the defence lawyer (or a precognition agent) might also ask you to give a statement. However, the sometimes means that a trial can be avoided or your evidence can be agreed so that you do not need to go to court.
Whether ex-police officers constitute the majority is difficult to say in the absence of any official statistics but anecdotal evidence would support this view.
A precognition is usually not an account of what the witness has said but is the precognoscer's reconstruction or interpretation
In Scotland, there is only limited disclosure of police statements. To help preparation of the defence case, solicitors (or their agents) routinely visit and question witnesses to find out what they may be likely to say in court.
{{cite web}}: CS1 maint: location (link){{cite web}}: CS1 maint: location (link)This section does not, however, extend to the citation of the complainer for precognition by the accused in person.
{{cite web}}: CS1 maint: location (link)...the witness is examined by the procurator fiscal. The questions and answers are recorded verbatim by a short-hand writer and are transcribed. The transcript (also called a "precognition on oath") is certified by the shorthand writer and is read over and signed by the witness and the sheriff...
...considerations have led the High Court to hold that a precognition on oath, unlike other precognitions, may be used to challenge a witness's evidence in court on the ground that he has made a previous statement inconsistent with his evidence...
Your request for information has now been considered and I can advise you that Police Service of Scotland does not hold any of the information requested by you. In terms of Section 17 of the Act, this letter represents a formal notice that information is not held.