Common Questions
Criminal Law FAQs — Scotland
What happens if I'm arrested in Scotland?
In Scotland, if you're arrested you'll be cautioned and have the right to remain silent. You're entitled to have a solicitor informed of your arrest and can receive free legal advice. The police can hold you for up to 12 hours (24 hours for serious offences) before you must be released or charged and brought before the Sheriff Court.
What's the difference between summary and solemn procedure?
Summary procedure is used for less serious offences and involves a Sheriff or Justice of the Peace sitting without a jury. Solemn procedure is for more serious crimes and involves a jury trial in either the Sheriff Court or High Court of Justiciary. The choice of procedure affects potential sentences and your rights during the process.
Can I get legal aid for criminal charges in Scotland?
Yes, criminal legal aid is available through the Scottish Legal Aid Board (SLAB). You're automatically entitled to free legal advice and representation at court if you're in custody. For ongoing representation, eligibility depends on your financial circumstances and the interests of justice. Your solicitor can help you apply.
What does 'not proven' mean in Scottish courts?
Not proven is a verdict unique to Scotland that results in acquittal, just like not guilty. It means the prosecution hasn't proved their case beyond reasonable doubt. While you're free to go, unlike not guilty, it doesn't necessarily mean the jury believed you were innocent – just that the evidence wasn't sufficient to convict.
What sentences can Scottish criminal courts impose?
Sentencing powers vary by court in Scotland. Justice of the Peace Courts can impose up to 60 days imprisonment, Sheriff Courts sitting summarily up to 12 months, and Sheriff Courts sitting with a jury up to 5 years. The High Court of Justiciary has unlimited sentencing powers for the most serious offences.
How long do criminal convictions stay on my record in Scotland?
In Scotland, conviction disclosure periods are governed by the Rehabilitation of Offenders Act 1974. The time varies based on the sentence – from 1 year for an admonition to never becoming spent for sentences over 4 years. Some convictions for sexual or violent offences may never become spent under Scottish disclosure rules.
Can I appeal a criminal conviction in Scotland?
Yes, you can appeal against conviction or sentence in Scotland. From summary cases, appeals go to the Sheriff Appeal Court, while solemn procedure appeals go to the High Court of Justiciary sitting as the Appeal Court. You typically have 2 weeks to lodge an appeal, and you'll need arguable grounds to proceed.
What should I do if I'm charged with drink driving in Scotland?
Scotland has stricter drink driving limits than the rest of the UK – just 22 micrograms per 100ml of breath. If charged, you need specialist legal advice immediately as the penalties are severe, including mandatory disqualification. A solicitor can examine whether proper procedures were followed and if any defences apply to your case.
