In accordance to the civil law system in Scotland, the fundamental rights of a person are secured by the Scottish Criminal Justice Act 2021. Scottish Criminal Justice Act 2021 also states that a victim of an assault or other criminal offense has the legal right to claim compensation for the injuries that he/she suffered. However, in order to avail of the same, a victim should follow certain guidelines that are laid down by the Scottish Courts. The Scottish Criminal Justice Act also provides for an automatic right to be released on bail, when granting a temporary freedom order. When the court declines to grant the freedom to order, the offender is usually lodged in the high penal cell. In cases where a person does not show up for his court date, the case could then go to the high court, for a crown court judge to decide the case's outcome.
Criminal Injury Compensation Scotland also deal with cases that involve allegations of personal injuries. This can either involve physical or mental abuse, which are sometimes covered by public funds. In such instances, the victim may make a claim for Scottish Criminal Injury Compensation. However, before a victim makes a claim, it is imperative that he/she carries out proper research, as only then an accurate determination regarding the quantum of the award can be determined.
Claims for financial compensation pertaining to personal or domestic damages are easier to process as compared to those that pertain to damage caused to a business property. In these instances, it is necessary for the claimant to carry out a thorough investigation into the background of the defendant, as well as to carry out a survey of the damage done to the claimant's belongings. In addition, the court needs to be convinced that the amount awarded to the claimant is justified; otherwise the compensation payment will be deemed to be made on a "fishing expedition" basis. These types of claims have a better chance of winning awards at court compared to the more technical ones.