Legal Support and Representation
Finding legal advice and representation in Scotland
The single most important practical step anyone facing criminal proceedings in Scotland can take is to get a solicitor. Not after the police interview. Not after the first appearance. As soon as possible, and preferably before any contact with police about the allegation at all.
This page covers how to find legal representation, what legal aid is and how to access it, and what to do if you have concerns about the representation you are receiving.
Finding a solicitor
Any solicitor who practises criminal law in Scotland can represent a person facing criminal charges. In practice the quality and experience of criminal defence solicitors varies considerably and it is worth taking time to find someone with specific experience in the type of case involved.
The Law Society of Scotland maintains a public register of solicitors practising in Scotland. It can be searched by name, firm and area of practice.
The body representing advocates the specialist court practitioners who appear in the higher courts. In serious solemn cases it is common for a solicitor to instruct an advocate to appear at trial. The Faculty maintains a directory of advocates and their areas of practice.
Legal aid
Legal aid is the system through which the Scottish Legal Aid Board funds legal representation for people who cannot afford to pay for it privately. It is available for criminal cases subject to means and merits tests.
In criminal cases legal aid is generally available at the police station stage through the duty solicitor scheme, which provides free legal advice and representation at the initial stages of a case regardless of means. In solemn proceedings legal aid is available throughout the case subject to a means assessment.
The SLAB administers the legal aid system in Scotland. Its website provides detailed information about eligibility, how to apply and what is covered.
If you are detained by police and cannot afford a solicitor ask for the duty solicitor. This right is immediate and unconditional and exercising it will not affect how you are treated.
If you have concerns about your solicitor
If you are dissatisfied with the legal representation you are receiving you have options.
You can change your solicitor at any point in the proceedings subject to any legal aid considerations. A new solicitor can be instructed and will take over the case from the point of instruction.
The independent body that handles complaints about solicitors in Scotland. It is free to use and covers both inadequate professional service and conduct complaints.
The University of Strathclyde Criminal Convictions Unit
The Law Clinic operates a Criminal Convictions Unit that provides assistance to people who believe they have been wrongly convicted. The unit works with students under the supervision of qualified lawyers and can provide assistance with post-conviction review in appropriate cases.
https://www.lawclinic.org.uk/beyond-casework/collaborations/criminal-convictions-unit
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Organisations that work specifically with people who have been convicted and who are challenging their conviction or dealing with its consequences.
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Important
Ask for the duty solicitor
If you are detained by police and cannot afford a solicitor, ask for the duty solicitor. This right is immediate and unconditional. You do not need to justify it or explain it. Exercising it will not affect how you are treated.