Best Criminal Litigation Lawyers in Aberdeen

About Criminal Litigation Law in Aberdeen, United Kingdom

Criminal litigation in Aberdeen is governed by Scots law. Scotland has its own criminal courts, procedures, and prosecutors. Investigations are carried out by Police Scotland. Prosecutions are brought by the Crown Office and Procurator Fiscal Service, often called COPFS. Cases in Aberdeen are heard at the Justice of the Peace Court for minor summary matters, the Sheriff Court for most summary and solemn cases, and the High Court of Justiciary for the most serious solemn cases. The High Court also sits on circuit in Aberdeen when required.

There are two main procedures. Summary procedure covers less serious cases and is heard by a judge without a jury. Solemn procedure covers serious cases and involves a jury of 15 people. A jury verdict in Scotland can be guilty, not guilty, or not proven. A simple majority of 8 out of 15 jurors is enough for a guilty verdict.

Scottish criminal law places strong emphasis on procedure, time limits, and evidential rules. One key feature is corroboration, which generally requires key facts to be proved by two independent sources of evidence. An accused person has the right to legal advice, the right to a fair trial, and the right to silence.

Why You May Need a Lawyer

You should seek a criminal lawyer if you are arrested, detained, or asked to attend a voluntary police interview in Aberdeen. A solicitor can advise you before and during questioning, protect your rights, and help you avoid statements that may harm your case.

Legal help is often essential if you receive a citation or undertaking to appear at the Aberdeen Sheriff Court or the Justice of the Peace Court. A solicitor can enter a plea, negotiate with the Procurator Fiscal, and advise you about bail, special defences, and likely outcomes.

People commonly need representation for road traffic allegations such as drink driving or careless driving, allegations of assault or threatening and abusive behaviour, domestic abuse charges, drug offences, theft, fraud, and sexual offences. Serious allegations under solemn procedure require early and specialist input to manage evidence, experts, and strategy.

A lawyer can assess diversion alternatives offered by the Procurator Fiscal, such as diversion to social work or a fiscal fine. A solicitor can also advise on the impact on employment, immigration status, and professional regulation, and guide you on appeals if necessary.

Local Laws Overview

Key legislation includes the Criminal Procedure Scotland Act 1995, which sets out arrest, bail, and court procedures. The Criminal Justice Scotland Act 2016 regulates police powers of arrest and custody, and your rights to a solicitor and to have someone informed. The Criminal Justice and Licensing Scotland Act 2010 contains the disclosure regime and certain offences including threatening and abusive behaviour.

Police powers in Scotland include detention and arrest on reasonable grounds. You have the right to consult a solicitor and to have a solicitor present during interview. You have the right to silence. Unlike in England and Wales, there is no general rule permitting adverse inferences from silence, though the court will consider the whole circumstances.

Bail is common unless there are substantial reasons to refuse, such as risk of absconding, reoffending, or interfering with witnesses. Bail can include conditions such as curfews and non contact restrictions. Breach of bail is a separate offence.

Time limits are strict. In summary custody cases, the trial must normally start within 40 days of first appearance or the accused must be released and the complaint falls. In solemn custody cases, the 110 day rule generally requires the prosecution to proceed to trial within that period, subject to the court granting extensions in limited circumstances. Time limits are complex and a solicitor should advise you promptly.

Evidence rules include corroboration, which usually requires two independent sources proving crucial facts such as the occurrence of a crime and the identity of the accused. Expert evidence may be used for matters such as forensics or toxicology. Certain defences, called special defences such as alibi or self defence, require formal notice in advance.

Alternatives to prosecution may be offered by the Procurator Fiscal, including fiscal fines, compensation offers, warnings, and diversion to social work services. Accepting a fiscal fine is not a conviction, but it is recorded and may be seen by authorities in future proceedings.

Road traffic limits in Scotland differ from England and Wales. The drink driving limit in Scotland is 22 micrograms of alcohol in 100 millilitres of breath and 50 milligrams of alcohol in 100 millilitres of blood. Drug driving has specified limits for certain controlled drugs. Disqualification can be mandatory for some offences.

Domestic abuse is robustly prosecuted, with specific offences under the Domestic Abuse Scotland Act 2018. Hate crime is addressed by the Hate Crime and Public Order Scotland Act 2021. Sexual offences are mainly under the Sexual Offences Scotland Act 2009 and the Sexual Offences Act 2003, with notification requirements for qualifying convictions.

Sentencing is guided by the Scottish Sentencing Council and ranges from admonition to fines, community payback orders, supervised release, and imprisonment. Rehabilitation periods for spent convictions are set by the Rehabilitation of Offenders Act 1974 as modified for Scotland, with different timescales depending on the sentence.

In Aberdeen, local institutions include Aberdeen Sheriff Court and Justice of the Peace Court and Police Scotland North East Division. The High Court of Justiciary sits on circuit in Aberdeen for serious solemn cases. HMP Grampian serves the region for custodial remand and sentences.

Frequently Asked Questions

What happens if I am arrested or asked to attend a police interview in Aberdeen

You have the right to speak to a solicitor privately before questioning and to have a solicitor present during the interview. You can choose to remain silent. Ask the officers to contact a solicitor immediately. Provide only your name, address, date of birth, place of birth, and nationality as required, unless advised otherwise by your lawyer.

What is the difference between summary and solemn procedure

Summary cases are less serious and heard by a judge without a jury, usually in the Justice of the Peace Court or Sheriff Court. Solemn cases are more serious and involve a jury of 15, heard in the Sheriff Court or the High Court. Procedure, timescales, and sentencing powers differ significantly.

What court will my case be heard in within Aberdeen

Minor summary matters appear at the Justice of the Peace Court. Most summary and sheriff and jury solemn cases are heard at Aberdeen Sheriff Court. The most serious cases are heard by the High Court of Justiciary when it sits on circuit in Aberdeen or elsewhere.

Do I need a lawyer for a first appearance or pleading diet

Yes. A solicitor can advise on plea, bail, and case management. Early advice can affect bail conditions, negotiation with the Procurator Fiscal, and preservation of defences. Representation is especially important if you are in custody or face potential disqualification or imprisonment.

Will I get bail and what conditions might apply

Bail is the default unless there are substantial grounds to refuse. Conditions can include a curfew, electronic tagging, non contact with complainers or witnesses, staying away from certain addresses, and reporting to a police station. Your solicitor can argue for bail and challenge conditions.

How long will my case take

It depends on the court, procedure, and whether you plead guilty. Custody cases have strict time limits such as the 40 day and 110 day rules. Undertaking and citation cases vary depending on court capacity. Solemn cases often take months due to evidence and jury scheduling. Your solicitor can provide local time estimates.

What are my chances if there is only one witness

Scottish law usually requires corroboration of key facts. If the only evidence on a crucial point comes from a single source, the prosecution may face difficulty. However, corroboration can come from circumstantial or forensic evidence. A solicitor will assess the evidential strength.

Can I get Legal Aid in Aberdeen

Many accused persons qualify for criminal Legal Aid through the Scottish Legal Aid Board. Eligibility depends on the type of case, your means, and the interests of justice. There is also a duty solicitor scheme for custody courts. Your solicitor will apply and explain any contributions you may owe.

What are diversion and fiscal fines

The Procurator Fiscal can offer alternatives to prosecution, such as diversion to social work or a fiscal fine. Diversion focuses on addressing underlying issues like substance misuse. A fiscal fine is a monetary penalty. Accepting a fiscal fine is not a conviction, but it is recorded and can be considered in future cases.

What happens to my criminal record and when will it be spent

Convictions are recorded on the Criminal History System and may appear on background checks. Rehabilitation periods depend on the sentence and can range from immediate for an admonition to several years for custodial sentences. Some roles require disclosure of spent convictions under the Protecting Vulnerable Groups scheme. Get tailored advice before accepting any disposal.

Additional Resources

Crown Office and Procurator Fiscal Service - Aberdeen Procurator Fiscal. Public prosecutor for the region. Provides information on reporting a crime and victim and witness support.

Police Scotland - North East Division. Handles investigations, custody, and local policing in Aberdeen and the surrounding area.

Scottish Courts and Tribunals Service - Aberdeen Sheriff Court and Justice of the Peace Court. Court listings, procedures, and practical information for attending court.

High Court of Justiciary - on circuit in Aberdeen. Deals with the most serious criminal cases and appeals in solemn matters.

Scottish Legal Aid Board. Information on eligibility and applications for criminal Legal Aid, including duty solicitor arrangements.

Law Society of Scotland. Find a Solicitor service to locate accredited criminal defence solicitors in Aberdeen.

Aberdeen Bar Association. Local association of criminal defence practitioners with knowledge of the Aberdeen courts.

Victim Support Scotland - Aberdeen services. Free and confidential support for victims and witnesses of crime.

Aberdeen City Council - Criminal Justice Social Work. Provides reports to the court and supervises community payback orders and diversion.

HMP Grampian. Regional prison serving the north east for remand and sentenced prisoners, relevant for visits and legal consultations.

Next Steps

1. Do not ignore police contact or a court citation. Deadlines are short and missing them can lead to a warrant. Contact a criminal defence solicitor in Aberdeen immediately.

2. Ask for legal advice before any police interview. Insist that a solicitor is contacted and attend the interview with your solicitor if possible.

3. Preserve evidence. Keep messages, emails, social media posts, CCTV details, and contact information for any witnesses. Do not contact the complainer or witnesses if bail or undertaking conditions restrict contact.

4. Prepare for your first court appearance. Bring your citation or undertaking paperwork, identification, and any relevant documents. Arrive early at Aberdeen Sheriff Court or the Justice of the Peace Court and meet your solicitor.

5. Discuss funding. Ask your solicitor to assess Legal Aid eligibility and any required contribution. If you are not eligible, agree a clear fee structure in writing.

6. Follow bail and court orders. Comply with all conditions and attend every hearing. Breach of bail is a separate offence and can harm your case.

7. Plan your defence. With your solicitor, review the prosecution disclosure, consider special defences, identify expert evidence, and discuss plea options and negotiations with the Procurator Fiscal.

8. Consider the wider impact. Ask about immigration, employment, driving licence, and professional registration consequences. Take early advice to manage risks.

9. Keep communications privileged. Only discuss the case with your solicitor. Avoid posting about the case online or talking to others, as this can harm your position.

10. Review appeal options. If convicted or sentenced, strict time limits apply for appeals. Ask your solicitor immediately about prospects and deadlines.

This guide is for general information only and is not legal advice. Criminal law and procedure change regularly. Always consult a qualified criminal defence solicitor in Aberdeen for advice about your specific circumstances.