At your first appearance in a Scottish criminal court, you will be asked to respond to the charge. In most cases you can plead guilty, plead not guilty or, with your solicitor's help, ask for the case to be continued without plea. If you appear from custody, the court will also decide whether to release you on bail. Free legal advice is available at court, and in many first appearances legal aid is automatic.
This guide covers summary cases, which are the most common and are heard by a sheriff or justice of the peace without a jury. More serious cases on petition follow a different route.
How you get to court
From custody
If you are arrested and kept in police custody, you will usually be brought before the court on the next lawful day, often at a sheriff court. You will see a solicitor in the court cells before you appear.
On an undertaking
Police may release you on an undertaking: a signed promise to appear at court on a set date, sometimes with conditions such as not contacting certain people. Breaking those conditions or failing to appear is a separate offence.
By citation
Alternatively, the procurator fiscal may send you a citation by post, with a copy of the complaint (the charges) and a summary of the evidence, telling you when to attend court.
Legal aid and the duty solicitor
According to the Scottish Legal Aid Board, if you appear from custody or on a police undertaking in a summary case, legal aid is automatically available from the court duty solicitor, without a means test, for the first stage of the case. You can also ask your own solicitor to represent you. For later stages, or if you were cited by post, your solicitor can apply for summary criminal legal aid, which is means tested and depends on the interests of justice.
Important: if you have been cited to court, contact a solicitor as soon as possible, ideally well before the court date. Never simply ignore a citation or undertaking: if you fail to appear without a reasonable excuse, the court can grant a warrant for your arrest.
What happens in the courtroom
When your case is called, the clerk will confirm your name and the charges are put to you. Your solicitor will usually speak for you. There are three main options:
1. Plead guilty
The sheriff or justice may sentence you immediately, or may defer sentence for reports, for example a criminal justice social work report. An early guilty plea can result in a reduced sentence.
2. Plead not guilty
The court sets two further dates: an intermediate diet, a hearing a few weeks before the trial to check that both sides are ready, and a trial diet, when witnesses give evidence. These are often a few months after the first appearance.
3. Continue without plea
If your solicitor needs more time to see the evidence or take instructions, they may ask for the case to be continued without plea, usually for a few weeks.
Bail
If you appear from custody and plead not guilty, the court decides whether to grant bail. There is a general presumption in favour of bail, but it can be refused, for example if there is a risk that you would not attend court, would commit further offences or would interfere with witnesses. Bail usually comes with standard conditions, such as attending court and not committing offences, and may include special conditions, such as a curfew or staying away from certain people or places.
What to bring and how to prepare
- Your citation or undertaking, and any papers you received.
- Details of your income and benefits, for a legal aid application or fine.
- Your driving licence, if the charge is a road traffic offence.
- Arrive early, dress smartly and switch off your phone in court.
For drink driving cases specifically, see our guide to what happens if you are caught drink driving in Scotland.
Choosing a defence solicitor
An experienced criminal defence solicitor can review the evidence, advise on your plea, argue for bail and present mitigation. Compare the leading criminal defence lawyers in Glasgow in our independent ranking.
Frequently asked questions
What happens at a first court appearance in Scotland?
The charges are put to you and you can plead guilty, plead not guilty or ask for the case to be continued without plea. If you appear from custody, the court also decides on bail.
Do I need a solicitor for my first court appearance?
It is strongly advisable. If you appear from custody or on an undertaking in a summary case, the duty solicitor can represent you with automatic legal aid.
What happens if I plead not guilty?
The court sets an intermediate diet and a trial diet, usually a few months later, when witnesses give evidence.
What happens if I do not turn up to court?
The court can grant a warrant for your arrest, and failing to appear can be a separate offence.
Will I get bail in Scotland?
There is a general presumption in favour of bail, but it can be refused if there are risks such as failing to attend or reoffending. Conditions are usually attached.
Can I be sentenced at my first appearance?
Yes, if you plead guilty, although the court may defer sentence to obtain reports.
Conclusion
So, what happens at your first court appearance in Scotland? The charges are put to you, you or your solicitor respond, and the court either sentences you, sets dates for trial or continues the case. If you appear from custody, bail is decided too. Get legal advice as early as possible.
Compare the leading criminal defence lawyers in Glasgow in our independent directory.