No-one likes the thought of going to court for a crime or offence charged against them. Our team includes solicitors very experienced in all aspects of criminal and road traffic law, and we are available to advise and act from the moment of arrest or caution and charge by the police, through the pleading stage (guilty or not guilty) and all hearings and trials in court itself. We are registered for legal aid and if eligible, it is part of our routine to apply for legal aid cover to pay your fees for preparation and conduct of any case.
The array of crimes and offences in Scots law is considerable, but the procedures follow set patterns and the rule of procedure are the same for all kinds of offence. The least serious cases are heard in the local district court presided over by a magistrate, more serious cases in the local sheriff court, and the most serious cases in the High Court of Justiciary, which may sit in your city, a nearby city, or in Edinburgh where it is based. Appeals from decisions of all criminal courts are heard in the Court of Criminal Appeal, which is within the High Court in Edinburgh.
If you are accused, you are not obliged to “take the stand”. It is up to the Crown to prove its case. You are innocent until proved guilty. If the Crown has not enough credible and reliable evidence of the crime, then you have nothing to prove and must be acquitted. However, things are often not so black and white in court, and it is a matter of expert professional judgment by your lawyer or legal team as to whether it is better to give evidence or not. The decision is yours, but you must listen to the advice given.
The main division of punishments is between custodial and non-custodial disposals. Custody is of course prison, or Young Offenders Institution for persons under 21, and sentences can be from a few days to the rest of your life, depending on the seriousness of the case and the extent of your own criminal record if any. For community – based disposals, they include:
absolute discharge (the most lenient disposal, only granted exceptionally – it is simply a marking of the finding of guilt, and does not count as a conviction against your record);
admonition (a marking of the finding of guilt that DOES count to your record);
fine, which can either be at the discretion of the judge or subject to scales laid down by statute; criminal compensation payable though the court to the victim of your crime;
probation;
community service;
electronic tagging;
a range of special projects linked usually to probation which may be to assist you in dealing with alcohol or other addictions;
sentence can be deferred by the court to allow you to show that you can behave properly, and if so, this will cause the court to deal more leniently with you when you return to court with a good report.
confiscation of goods or assets where they have been used for the commission of a crime or are the proceeds of crime ( especially in drugs cases)
restriction of rights – someone convicted of animal abuse may be disqualified from owning a dog, or a fraudster may be no longer entitled to be a company director.
disqualification from driving and penalty points on a driving licence.
placement on the Sex Offenders Register for a period of time set by the court on conviction of a sex offence. You must register at the local police office and any change of address must be notified.
The court may seek social enquiry reports, psychiatric reports and/or other material to help it decide the appropriate disposal. You generally have the right to appeal against the conviction and the sentence imposed on you if dissatisfied.
If you are arrested, charged or spoken to by the police about a possible crime or offence, it is advisable to see a solicitor at the earliest opportunity. Our work often involves trying to help our clients avoid being prosecuted rather than waiting to defend them at trial.
As with other areas of work, we offer a free and confidential consultation, and all instructed work is subject to a fee quote in advance, or details about legal aid.