Criminal law in Scotland

Criminal law is essentially the application of the law to the facts, evidence and circumstances that are investigated by the police when a crime is alleged to have taken place.

A criminal law solicitor's work

Whether defending or prosecuting, criminal law is a dynamic area of practice. Criminal lawyers regularly advise clients who are involved in public order and assault cases, drug-related dishonesty offences (such as theft and burglary), motoring offences and breach of peace occurrences. More serious cases can include murder or sexual offences. It is usual for criminal practitioners to be instructed at short notice. Cases can sometimes take months or even years to finalise or they can be handled within hours of the committed offence.

In Scotland, criminal law tends to be practised in smaller firms, alongside other areas such as property services, private client and personal injury. Saying that, there are some solicitors’ firms who specialise solely in crime. Students can opt to work as a trainee for one of these firms or with the Crown Office and the Procurator Fiscal Service. Inevitably, the Procurator Fiscal acts only for one side – the prosecution – while criminal lawyers tend to act for defenders. Shortage of work is never an issue: Procurator Fiscal and criminal lawyers have a healthy workload as crime is, sadly, a recession-proof area.

One of the most essential qualities for a criminal practitioner is the ability to communicate. As a defence lawyer, advocacy skills are involved when dealing with the police (at the police station or in court) and when meeting with the client or their family, as well as before sheriffs when conducting the case. On the prosecution side, the Procurator Fiscal will use a range of skills to advise the police on their investigations and on the appropriate charges to bring.

Clients come from all walks of life and criminal lawyers can expect to work with a wide range of people including other lawyers, the police, expert witnesses, people who have witnessed an alleged crime, court staff and numerous others. The work can occasionally be paper-driven but overall it is very worthwhile and criminal practitioners have a real opportunity to make a difference.

Skills required

• The ability to communicate with a wide range of people.
• Compassion.
• Good reasoning and decision-making skills. 
• A sense of humour.
• The ability to remain emotionally detached without being too removed from the client’s situation.

Traineeships in criminal law

Trainees are involved with all elements of the work, from taking clients’ instructions through to obtaining background information on the circumstances of the offence, preparing pleas, outlining any personal mitigating factors and attending court. Legal research is an important part of the training as well as file review and preparation.

Types of law practised

• Contract.
• Criminal and procedure.
• Family.