Best Criminal Defense Lawyers in Aberdeen

About Criminal Defense Law in Aberdeen, United Kingdom

Criminal defense in Aberdeen operates under Scots law, which is distinct from the law in England and Wales. Investigations are carried out by Police Scotland, prosecution decisions are made by the Crown Office and Procurator Fiscal Service known locally as COPFS, and most cases are heard at Aberdeen Sheriff Court and Justice of the Peace Court. The most serious cases are heard in the High Court of Justiciary, which also sits in Aberdeen when required.

Cases progress under two main procedures. Summary procedure is for less serious allegations and is heard by a sheriff or a justice without a jury. Solemn procedure is for more serious allegations and is heard before a sheriff and jury or in the High Court with a judge and jury. From the earliest stage of an investigation, you have the right to legal advice, including before and during a police interview.

Local practice in Aberdeen follows national Scottish rules on arrest, custody, bail, disclosure of evidence, and sentencing, with day to day case management handled by the local Procurator Fiscal and the Aberdeen courts.

Why You May Need a Lawyer

You may need a criminal defense solicitor if you are invited to a voluntary interview, asked to attend the police station, arrested, charged, or cited to appear in court. Early advice can shape what you say to the police, whether you answer questions, and what conditions might be imposed if you are released.

Legal assistance is also important if you receive paperwork such as an undertaking to attend court, a complaint for a summary case, an indictment for a solemn case, a recorded police warning, or an offer of a fiscal fine. Decisions you make at these stages can affect your criminal record and the outcome of any prosecution.

Common Aberdeen cases include road traffic allegations such as drink or drug driving, speeding, careless or dangerous driving, public order and assault allegations linked to the night time economy, domestic abuse allegations, drugs possession or supply under the Misuse of Drugs Act, theft and fraud, and regulatory or work related offenses. A solicitor can challenge the admissibility of evidence, negotiate with the Procurator Fiscal, advise on pleas, seek bail, prepare your defense, and present mitigation if you plead guilty.

Local Laws Overview

Police powers and interviews. Under the Criminal Justice Scotland Act 2016, police may arrest where there are reasonable grounds to suspect involvement in an offense. If you are in custody you have the right to speak to a solicitor and to have a solicitor present at interview. You also have the right to have another person informed. Custody is normally limited to 12 hours and may be extended to 24 hours by an inspector in defined circumstances.

Charging and prosecution. The police may report a case to the Procurator Fiscal. The Procurator Fiscal decides whether to prosecute, offer an alternative such as a fiscal fine or diversion, or take no action. A police report does not guarantee a prosecution. If prosecuted, you will receive a complaint for summary cases or an indictment for solemn cases.

Courts in Aberdeen. The Justice of the Peace Court handles lower level summary matters such as many road traffic cases. Aberdeen Sheriff Court hears most summary and solemn prosecutions. The High Court deals with the most serious offenses and also hears solemn appeals. The Sheriff Appeal Court hears most summary appeals.

Time limits. For most summary cases the complaint must be raised within 6 months of the alleged offense unless legislation states otherwise. If you are in custody on a summary case, the trial must normally commence within 40 days. In solemn cases, if you are in custody the 110 day rule requires the trial to start within 110 days of full committal. If not in custody on a solemn case, the trial must ordinarily begin within 12 months of the first court appearance unless the court grants an extension.

Bail. There is a presumption in favor of bail. The court may refuse bail or impose conditions including non contact with a named person, residence requirements, curfews, or alcohol and place bans. Breach of bail is a separate offense and can lead to remand.

Alternatives to prosecution. The Procurator Fiscal may issue a recorded police warning via the police, offer a fiscal fine or compensation order, or refer you to diversion from prosecution. Acceptance of a fiscal fine is not a conviction but it can be taken into account in future and may appear on certain criminal history records for a period.

Domestic abuse and protection. The Domestic Abuse Scotland Act 2018 created a specific offense covering a course of abusive behavior toward a partner or ex partner. The court can make non harassment orders on conviction. Special bail conditions are common in these cases.

Evidence rules. There are strict rules on identification, corroboration, and the use of previous misconduct. In sexual offense cases, there are restrictions on evidence or questioning about a complainer’s sexual history under sections 274 and 275 of the Criminal Procedure Scotland Act 1995.

Sentencing and disposals. Sentences range from admonition to fines, Community Payback Orders with requirements such as unpaid work or supervision, Restriction of Liberty Orders with electronic monitoring, and imprisonment. The Scottish Sentencing Council provides guidelines that courts consider. Mitigation and reports such as Criminal Justice Social Work Reports are often pivotal.

Driving offenses. Penalty points, disqualification, and the totting up rules apply. Reaching 12 or more points within 3 years usually triggers a 6 month disqualification unless the court accepts exceptional hardship. New drivers within 2 years of passing may face revocation by DVLA if they reach 6 points.

Youth cases. Children under 12 cannot be prosecuted in a criminal court. Many cases involving children are dealt with by the Children’s Hearings System. Young people may still be prosecuted depending on age and the nature of the allegation.

Criminal records and disclosure. The Rehabilitation of Offenders Act 1974 as modified in Scotland sets rehabilitation periods after which some convictions are spent. Disclosure Scotland issues certificates for employment checks including PVG scheme records. Some roles involve higher level disclosure where spent convictions can still be shown.

Frequently Asked Questions

What should I do if the police invite me for a voluntary interview in Aberdeen

Ask for a solicitor before agreeing to attend or answer questions. In Scotland you are entitled to free advice from a solicitor before and during a police interview, including a voluntary interview. A lawyer can arrange to attend, advise whether to answer questions, and protect your rights.

What is the difference between being arrested and being charged in Scotland

Arrest is when the police take you into custody because they reasonably suspect you of an offense. Charging is when allegations are formally stated and reported and the Procurator Fiscal decides whether to prosecute. You may be told you are charged at the station, but charges can change when the case reaches court. The first formal court stage is your pleading diet in a summary case or your first appearance on petition in a solemn case.

Will I get bail at Aberdeen Sheriff Court

There is a presumption in favor of bail, but the court considers factors such as risk of reoffending, risk of interference with witnesses, flight risk, and the seriousness of the allegation. Your solicitor can propose conditions like residence, curfew, or non contact to address risks. Breach of bail can lead to remand and separate charges.

How quickly will my case go to trial

Summary cases often have a pleading diet within a few weeks and a trial diet scheduled thereafter. If you are remanded, summary trials must usually start within 40 days. In solemn cases the 110 day rule applies if you are in custody. If you are on bail in a solemn case the trial must normally begin within 12 months of first appearance unless extended by the court.

Should I accept a fiscal fine or recorded police warning

These can avoid a court case but have consequences. A recorded police warning is issued by police for certain minor offenses. A fiscal fine is offered by the Procurator Fiscal. Acceptance is not a conviction but may be recorded and can be considered in future cases and for some disclosures. Take legal advice before accepting because challenging later is difficult.

Can I have a solicitor present during a police interview

Yes. You have the right to consult a solicitor and to have one present during interview, whether you are under arrest or attending voluntarily. Ask the police to arrange contact with a solicitor. Do not feel pressured to proceed without legal advice.

What happens at my first appearance in a solemn case on petition

You appear before a sheriff, your solicitor receives the petition, and you may make no plea and are committed for further examination, or make a plea depending on the case. The court will consider bail. The case then proceeds to further investigation and, if prosecuted, to an indictment and trial before a jury.

How do criminal records and spent convictions work in Scotland

Rehabilitation periods depend on the sentence, not the label of the offense. After the relevant period a conviction becomes spent for most purposes, but higher level disclosures and certain roles may still show spent convictions. Some disposals have shorter periods, and absolute discharge or admonition are generally spent immediately. Disclosure rules are specific to Scotland.

What if I miss my court date in Aberdeen

If you fail to attend a cited hearing the court can issue a warrant for your arrest and may consider separate charges. Contact a solicitor immediately if you have missed a diet. If there was a genuine reason, your solicitor can act to minimize the impact and arrange to recall a warrant where appropriate.

Can I plead guilty and still get help from a solicitor

Yes. A solicitor can explain the consequences of a plea, negotiate with the Procurator Fiscal to amend or drop charges, present mitigation, obtain reports to assist sentencing, and argue for alternatives to custody. Early pleas can attract sentence discounts under Scottish practice.

Additional Resources

Police Scotland. For information about arrest, custody, and property procedures.

Crown Office and Procurator Fiscal Service. For prosecution policy and how cases are progressed in Aberdeen.

Scottish Courts and Tribunals Service. For court locations, daily rolls, and general guidance on attending court.

Law Society of Scotland. For finding a regulated criminal defense solicitor in Aberdeen.

Scottish Legal Aid Board. For information about eligibility for advice and assistance, ABWOR, and legal aid funding.

Scottish Sentencing Council. For sentencing guidelines used by courts.

Disclosure Scotland. For guidance on criminal record certificates, PVG scheme, and spent convictions.

Citizens Advice Scotland. For general guidance on rights, bail conditions, and navigating the justice system.

Community Justice Scotland. For information on community based disposals and rehabilitation support.

Next Steps

Do not delay in getting legal advice. Contact a criminal defense solicitor as soon as you are invited to the police station, arrested, charged, or receive a court citation. If you are in custody, ask the police to contact the duty solicitor.

Preserve and record evidence. Keep letters, texts, social media messages, call logs, photographs, CCTV details, and names of witnesses. Do not contact alleged victims or witnesses if there is any risk of breaching conditions.

Prepare for court. Bring your paperwork to the solicitor, discuss your options for plea, and provide full instructions. If you need an interpreter or have accessibility needs, tell your solicitor so arrangements can be made with the court.

Consider funding. Ask your solicitor about legal aid, advice and assistance, and any contributions. Provide proof of income and benefits quickly to avoid delays.

Follow conditions and professional advice. Comply strictly with bail or undertaking conditions, attend all diets on time, and avoid discussing the case on social media. Keep in regular contact with your solicitor and update them with any change of circumstances.

Focus on mitigation and support. If appropriate, engage with services such as alcohol or drug support, anger management, mental health support, or driving awareness. Positive steps taken early can assist with bail decisions and sentencing outcomes.

If you are unsure about any stage of the process in Aberdeen, ask your solicitor to explain it in plain terms. Early, informed action gives you the best chance of protecting your rights and achieving a better outcome.