Can a witness be forced to testify by a defence lawyer in a criminal case in Scotland?
Statements are only admissible in very limited circumstances under Section 259 of the Criminal Procedure (Scotland) act 1995 – in effect, unless you are dead, compulsorily detained in a mental hospital or genuinely untraceable after efforts have been made, your statement, even if given in the form of an affidavit, is inadmissible, as it cannot be tested by cross-examination. If cited by the defence to attend for trial you must attend; if you do not do so then a warrant will be granted for your arrest, and the court may find you in contempt of court. In a summary case, the power to arrest an obstructive witness who has failed, without reasonable excuse to answer their citation is found in Section 156 of the Criminal Procedure (Scotland) Act, as inserted by Section 16 of the Criminal Proceedings (Reform) Scotland) Act 2007; this is open to any party, and as such may be used by the defence.
