What does a criminal defence solicitor do in Scotland?
A criminal defence solicitor acts for people who are suspected of, or charged with, a criminal offence.
The work can start at a police station, before any charge, and continue through every court appearance
to sentence or appeal. Typical tasks include advising you before and during a police interview,
reviewing the prosecution evidence, advising on your plea, preparing your defence, presenting mitigation
if you are convicted and applying to the Scottish Legal Aid Board for funding.
Defence solicitors also handle road traffic matters such as speeding, careless driving and drink or drug
driving. Penalty points and driving bans follow the same rules across Great Britain: you can be
disqualified if you build up 12 or more points within three years. In Scotland, though, these cases are
prosecuted by the Procurator Fiscal and heard in the Scottish courts, and some may be dealt with by a
fixed penalty instead of prosecution.
What are your rights at a police interview in Scotland?
The Criminal Justice (Scotland) Act 2016 sets out the main rights of suspects. Before an interview, the
police must tell you that you are under no obligation to say anything other than certain basic details,
and that you have the right to have a solicitor present. That right applies whether you are in custody
or have attended a police station voluntarily. Once you ask for a solicitor, the police must not start
the interview until your solicitor is present, except in exceptional circumstances.
If you are held in custody, you also have the right to a private consultation with a solicitor at any
time, which can take place by telephone. The Scottish Legal Aid Board runs a Solicitor Contact Line, a
team of publicly funded defence lawyers who give advice 24 hours a day to people arrested at police
stations. If you already have a solicitor, you can ask for them by name.
How does a criminal case work in Scotland?
The Procurator Fiscal and COPFS
Prosecutions in Scotland are brought by the Crown Office and Procurator Fiscal Service (COPFS). A
procurator fiscal is a prosecution lawyer who decides, independently and in the public interest, whether
there is enough evidence and what action to take. Options other than prosecution include a warning, a
fiscal fine, a compensation order, a fiscal work order, a road traffic fixed penalty or diversion to
social work or another agency. Accepting one of these is not a criminal conviction. The fiscal also
decides which court will hear a case.
Summary and solemn procedure
Less serious cases go through summary procedure. They are heard without a jury, either by a justice of
the peace or by a sheriff sitting alone. A Justice of the Peace Court can impose up to 60 days in prison
or a fine of up to £2,500. A sheriff in a summary case can impose up to 12 months in prison or a fine of
up to £10,000.
More serious cases go through solemn procedure, with a jury of 15. In the sheriff court, a solemn case
can lead to up to five years in prison or an unlimited fine. The High Court of Justiciary hears the most
serious crimes, including all murder and rape cases, and has no upper limit on sentence.
The Glasgow criminal courts
Glasgow Sheriff Court and Justice of the Peace Court sits at 1 Carlton Place and deals with civil,
criminal and commissary business. The High Court of Justiciary sits in Glasgow at the Justiciary
Buildings in the Saltmarket, and Glasgow is one of its main locations alongside Edinburgh.
Solicitor advocates and advocates
In the sheriff and Justice of the Peace courts, your solicitor will normally speak for you in court. In
the High Court, you may be represented by a solicitor advocate (a solicitor with extended rights of
audience in the higher courts) or by an advocate, a member of the Faculty of Advocates. Advocates are
usually instructed through a solicitor rather than by the public directly.
What changed with the not proven verdict and jury majorities?
The Victims, Witnesses, and Justice Reform (Scotland) Act 2025 received Royal Assent on 30 October 2025.
The provisions abolishing the not proven verdict and changing jury rules came into force on 1 January
2026. In trials that began on or after that date, the only verdicts are guilty and not guilty. A jury of
15 still hears solemn trials, but a guilty verdict now needs at least 10 jurors in favour, rather than a
simple majority. If the jury drops to 13 or 12 members, at least 9 or 8 respectively must agree. Trials
that started before 1 January 2026 continue under the old rules.
How to choose a criminal defence solicitor in Glasgow
Speed matters in criminal work, so look for a firm that can respond quickly, attends the Glasgow courts
regularly and does the type of work your case involves, whether that is a road traffic charge, a summary
complaint or a High Court indictment. Questions to ask at a first meeting:
- Do you regularly appear at Glasgow Sheriff Court and the Justice of the Peace Court?
- Will you apply for legal aid for me, and what happens if it is refused?
- Who will appear for me in court, and would you instruct a solicitor advocate or advocate?
- What evidence has the Crown disclosed, and when will you go through it with me?
- What are the possible outcomes, including any alternative to prosecution?
- Could a conviction affect my driving licence, my job or my immigration status?
If a case could affect your work, our guide to
employment law solicitors in Glasgow may help. If you
are not a British citizen, ask an
immigration solicitor in Glasgow whether the case could
affect your status. Where a charge arises from a domestic situation that also involves children or a
separation, a family law solicitor in Glasgow can advise
on that side of things.
Criminal legal aid and costs in Scotland
The Scottish Legal Aid Board (SLAB) can fund criminal defence work in Scotland. Advice and assistance
can pay for early advice, and police station advice can be paid for by legal aid if you are eligible. If
you appear in court from police custody without your own solicitor, a duty solicitor is available to act
for you.
For summary cases, SLAB decides whether to grant criminal legal aid. It must be satisfied that you
cannot meet the cost without undue hardship to you or your dependants, and that it is in the interests
of justice, taking account of factors such as the risk of losing your liberty or livelihood and the
complexity of the case. Summary legal aid is not available until after the first hearing at which you
plead not guilty. Solemn cases follow separate rules, and your solicitor will explain which apply. SLAB
publishes an eligibility estimator for advice and assistance.
If legal aid is not available, or you choose to pay privately, ask for a written estimate and an
explanation of how fees are charged. Firms set their own private fees, so compare what is included.
If you were injured by someone else's crime or in a road accident, see
personal injury solicitors in Glasgow.
How to read the rankings on this page
Our rankings reflect published evidence about each firm, such as the criminal work it describes, its
legal aid registration and its regulatory status. They are not a guarantee of any outcome in your case.
Always check a firm directly before you instruct it, and read
how we rank for the full method.