Charged with a crime

What does this work involve?

If a person has been arrested by the police, they may be charged with an offence. If so, this will be set out in a written document. They could be detained at a police station, or they may be released but told that they must attend the court that will deal with the charge.

Must I use a lawyer?

You can represent yourself in court. However, the process can be complex and lawyers who specialise in this area can give advice on the best approach to take. If you do decide to get legal advice, you will firstly need to choose a solicitor. Most firms have websites and these will tell you whether they take on criminal cases. The Scottish Legal Aid Board and the Public Defence Solicitors' Office employ some solicitors who may be able to help people who do not have independent representation.

Not every solicitor’s firm will take on legal aid clients, so if you need legal aid assistance you should check whether the solicitor you contact is willing to work on that basis. In any event, before you visit a solicitor you should check whether (and how much) they will charge for your first visit.

What should I do before my first meeting with a solicitor?

It's important to find a solicitor that you respect and trust, because you will need to be completely honest with them.

Before you meet with a solicitor it’s helpful to gather together as much information as possible about the incident that led to the charges, and to take any documents that you have. Your solicitor can also ask you for proof of your personal information, including your identity and some financial details.

You may bring someone else along to your appointment to support you, but you should tell your solicitor in advance if you want to do that. If the solicitor uses language that isn’t clear to you, or if you have difficulty reading any documents, or feel you need an interpreter, tell your solicitor so that they can make sure you are helped to understand everything that they are saying.

It is important to be completely honest with your solicitor right from the start. What you tell them is confidential. If you don’t tell your solicitor everything that is relevant, they might not be able to give you the best advice. If something comes out later that conflicts with what you told your solicitor, they might need to stop representing you because they must give correct information to the court.

What will it cost – and can I get legal aid?

Different types of funding are available from the Scottish Legal Aid Board (SLAB) for criminal cases. Their website gives more information on whether you qualify, and what types of funding you might get.

If you do get legal aid, there might be limits on the amount of work that SLAB will pay for. For instance, prison visits may not be covered. Your lawyer will need to ask SLAB for permission to do certain work or get expert reports. You might sometimes have to pay a contribution to SLAB, which will be explained if this applies to your case. You must tell your lawyer and SLAB if there are any changes to your finances, including any changes in benefits that you receive.

If you don’t qualify for legal aid, or if your chosen solicitor doesn’t take on legal aid work, it is important, right from the start, to talk about how much you can budget for legal fees and how the fees will be paid. Most solicitors won’t start work on your case before you pay at least a deposit.

Solicitors might quote a fixed fee for handling simple cases, but it’s more likely that they will charge an hourly rate for all the work that they will have to do, which will include meetings, phone calls, messages and emails, and the time they spend travelling to the court, waiting for the case to be called, and running the case in court. If you are paying by regular instalments, you can ask for updates on both the progress of your case and the costs.

If your solicitor thinks that expert reports would help your case, or that you need an advocate, they will need to tell you how much extra this is likely to cost.

How long will it take

It can be difficult for your solicitor to know how long the case will take. This will depend on how much has happened by the time you ask them to start working, whether any evidence has been made available, where the hearings are likely to be and how busy the court is. Many criminal cases don’t go ahead on the first planned date, or are only partially heard.

You may not always be able to speak to your solicitor or get an immediate answer, because most solicitors doing this kind of work spend the bulk of their time in court. For the same reason, you should try to be on time for appointments or give information as quickly as you can if your solicitor requests it, because they often need to meet deadlines.

What happens next?

Once you instruct a solicitor, they will send you their terms of business, setting out what they will do, how they will charge, what is and what is not included in the fee, and what they expect from you. It will also tell you how to raise a concern or complaint. It’s very important to read this carefully and keep it safe. If there is anything that you do not understand, you should tell the solicitor so that they can explain it in another way.

Your solicitor is not allowed to give you copies of anything that they get from the prosecutor. You should never try to contact any witness unless your solicitor has agreed that you can do this. You shouldn’t post anything on social media about your case or any witnesses.

Your solicitor will give you honest advice and sometimes this will not be what you’d like to hear. You might think that they should call certain witnesses, or challenge everything that another witness has said. Solicitors will use their knowledge and experience to try to achieve the best result, and that can often include ignoring some points in order to focus on other points that are more relevant and can be proved. It’s important to be realistic and be open to hearing their advice. Your solicitor does not have to do exactly as you have asked if they don’t think that it is possible or reasonable. They have a duty to the court as well as to you. They can also stop representing you if, for example, you refuse to accept their advice or ask them to do something that is not allowed.

Although your solicitor can give you their opinion on the best and worst outcomes, they can’t guarantee what will happen because the court makes the final decision.

Sometimes your solicitor might not be available for your court dates. If this happens, another solicitor from the same firm, or a different firm, can be sent to represent you. They will have seen the file and know about your case, but don’t be surprised if they ask you to go over points that you’ve already discussed with your own solicitor. They must check that your instructions haven’t changed, and let you know about any new developments.

You can change solicitors if you aren’t happy with the way they are working, but you will need permission from SLAB if you are getting legal aid assistance. If you are paying privately, the first solicitor can ask you to pay for the work they have already done before handing over your file.