This right applies where the case involves a prescribed offence and is prosecuted in a prescribed court:
the prescribed offences are currently set out in the the Victim Statements (Prescribed Offences) (No. 2) (Scotland) Order 2009, and include a range of violent offences, sexual offences, and road traffic offences resulting in a death
the prescribed courts are currently set out in Victim Statements (Prescribed Courts) (Scotland) Order 2009, and are the High Court or a sheriff court when dealing with a case under solemn procedure (used for more serious cases).