[4] Historically precognitions were not only a distinctive feature of Scottish criminal procedure, but vital to the defence.
Before the passage of the Criminal Justice and Licensing (Scotland) Act 2010 there was limited disclosure by the prosecution to the defence.
However, as of 7 August 2013 Police Scotland had no record of how many officers had refused to attend a precognition for the defence.
)[12] A Sheriff has the power under Section 194H of the Criminal Procedure (Scotland) Act 1995 to issue a citation for a witness to appear before them in chambers; refusal to attend is an offence subject to fine or imprisonment.
[13] In a precognition on oath the witness is questioned by the procurator fiscal or defence solicitor in front of the Sheriff, with a shorthand writer taking verbatim notes on the proceedings.