Changes to Legal Aid eligibility thresholds in Scotland
The Scottish Legal Aid Board has updated the financial eligibility thresholds
for Advice and Assistance and Criminal Legal Aid. The changes, effective from
April 2026, increase the income and capital limits, meaning more people will
qualify for public funding. We advise all clients to check their eligibility
even if they have previously been refused.
Drug driving: what Scottish drivers need to know
Drug driving offences in Scotland are prosecuted under Section 5A of the Road
Traffic Act 1988. The limits for controlled drugs are set in legislation and
are often lower than the levels at which impairment would be obvious. We explain
the law, the testing procedure, and the defences that may be available.
Your rights if you are detained by police in Scotland
If you are detained under Section 14 of the Criminal Procedure (Scotland) Act 1995,
you have the right to have a solicitor present before and during questioning. You
are entitled to free legal advice regardless of your means. This article explains
what to do, what to say, and why early legal advice is essential.
Understanding solemn procedure in the Scottish courts
Solemn procedure applies to the most serious criminal cases in Scotland and involves
a jury trial either in the Sheriff Court or the High Court of Justiciary. The rules
of evidence and procedure are more complex than in summary cases. We explain the
stages of a solemn case from first appearance to verdict.
Disclosure and third-party records in sexual offence cases
Obtaining access to third-party records (such as medical and social work records)
is a critical part of preparing a defence in sexual offence cases. Recent decisions
by the Scottish courts have clarified the procedure under Section 275A of the
Criminal Procedure (Scotland) Act 1995. We outline the current position and the
practical steps involved.
Bail appeals in Scotland: procedure and prospects
Where bail is refused by the Sheriff Court, there is a right of appeal to the
High Court of Justiciary. Such appeals must be lodged quickly and require
compelling grounds. We explain the procedure, the test applied by the appeal
court, and how to present the strongest possible case for release.