Dealing with any criminal matter can be particularly stressful. If you have been accused of or charged with a crime, it is important that you receive clear advice and strong representation at the earliest possible stage.
We have lengthy and extensive experience in representing clients in courts throughout Scotland, and can support and represent you at every stage.
Case types
We can advise and represent clients in a wide range of case types, including the following. However, please note we do not offer Legal Aid for this service.
Motoring
Motoring offences can include:
- Careless driving
If you are driving without due care and attention or without reasonable consideration for other road users, effectively in a manner that falls below the standards of a considerate and competent driver, you may be charged with careless driving. It is a lesser charge than dangerous driving - Dangerous driving
This is more serious than careless driving and is where the driver’s actions fall well below the accepted standard, such as carrying out a dangerous manoeuvre or excessive speeding near a school - Speeding
For more minor speeding offences, you may be issued with a Fixed Penalty Notice, if you are caught speeding. For speeding offences, where driving well in excess of the speed limit If you want to contest your FPN, our team of road traffic lawyers can advise you if you have a case for defence. - Drink driving
Under the Road Traffic Act 1988, it is an offence to drive, attempt to drive or be in charge of a vehicle on the road if you have drunk more alcohol than the prescribed limit. You will have to undergo a breathalyser test and may be required to provide a urine or blood sample. - Driving with no or invalid insurance or without a licence.
Health & Safety
As an employer, you have a responsibility to protect your employees and others from health and safety risks. A healthy and safety breach can mean action under both civil and criminal law:
- The individual affected could make a civil claim for compensation.
- Your regulator could take action against you and you could be prosecuted under criminal law.
We can talk you through the process and your best approach. We can also robustly represent your interests if the case goes to court.
Court system and criminal process
Here we look at the different Scottish courts, jurisdiction and the process you may go through.
Scottish courts
There are four main types of court in Scotland that deal with criminal cases:
- Justice of the Peace Courts – Here a Justice of the Peace, a lay magistrate, deals with lesser crimes such as speeding and minor shoplifting.
- Sheriff Courts – Most criminal cases are dealt with here. Cases are either heard by a Sheriff (a Summary Trial) or more serious cases are heard by a Sheriff and Jury (known as Jury trials
- High Court of Justiciary – This deals with the most serious cases, such as murder and rape Cases are heard by a Judge and jury. Defence at the High Court is usually carried out by an Advocate, (similar to a barrister in England.) or a Solicitor -Advocate
- Sheriff Appeal Courts – Appeals are heard here against judgements from both the Sheriff and the Justice of the Peace courts. The High Court also deals with Appeals.
Depending on your case, you may face court action. We will discuss your options and approach with you, talk you through the court process, and provide you with representation. If you are called to the High Court, we will instruct an Advocate to represent you.
Jurisdiction
Various factors affect which court has jurisdiction over your case:
- Type of crime – different courts handle different types of cases, see section above on Scottish courts.
- Location of the alleged crime
Case process
It can be a very confusing and stressful time if you are accused or charged with a crime. While each individual’s case is different, the general stages you may face are as follows:
- Allegation or under suspicion of a crime – Legal advice as early as possible can help you understand the situation and best approach.
- Police station interviews – We recommend that you have legal representation with you in the interview.
- Court appearance – Your legal representative will represent you and present your case in court.
- Lodge appeal if needed – Your legal team can lodge the appeal and arrange representation in the Appeal court.
Our team of Criminal Defence lawyers can advise and represent you at every stage, ensuring you understand your options at each step and providing legal support throughout the process.