Criminal Law- a guide for legal consumers

Transcription

1 Criminal Law- a guide for legal consumers In Scotland, 1 in 3 men and 1 in 10 women are likely to have at least one conviction listed on the Scottish criminal history system. 1 Involvement in criminal proceedings can be a stressful and confusing experience. We have prepared this guide to help you get the best service from your solicitor, and help avoid the problems which can lead to complaints. 1 Scottish Legal Complaints Commission Criminal Law- a guide for legal consumers 1

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3 About this guide In a survey carried out by Scottish Government 2, 76% of people in Scotland either did not know very much or knew nothing at all about how Scotland s criminal justice system works. The criminal justice system involves many different people and organisations all trying to work together. Trying to figure out what everyone does and where you fit into all of this can make it a very confusing system to understand. This guide is aimed at people who are involved in criminal proceedings themselves. However it might also be useful for family and friends and other organisations that are assisting those affected by criminal proceedings. The bullet points below highlight the main issues involved in criminal court practice. In the rest of this guide, we will explore these headings in more detail and suggest things that you can do to ensure you get the best service from your solicitor and that your expectations are met. Advice & Representation Communication Timescales Preparing and presenting your case Costs Withdrawing from acting Mandates (see glossary) Instructing local agents There is also a glossary at the end of this guide to explain some of the legal terms your solicitor may use. 2 Scottish Legal Complaints Commission Criminal Law- a guide for legal consumers 3

4 1. Advice & Representation When to seek legal advice: If you or a member of your family has been accused of a crime; If you have been charged with a crime; and If you have been told to attend court in relation to a criminal matter you have been charged with. If you have found yourself involved in criminal proceedings you may not know, or have the time to find out, who to go to for legal advice. Everyone is entitled to access legal advice at a police station if they have been detained. This may include a telephone conversation with a solicitor prior to a police interview, and/or having a solicitor present during a police interview. You can ask the police to tell a solicitor that you are at the police station. This can be your own solicitor or, if you don t know a solicitor, the on-call solicitor. The police will arrange for a solicitor to be contacted as soon as possible. For people aged 16 years and over who may have difficulty with communication or understanding, an Appropriate Adult may be appointed during police interviews. Their role is to check that the person being interviewed is following and understanding what is being discussed. Your legal representation There may be more than one person involved in your case, sometimes referred to as your legal team. The three most common types of legal practitioner who you may encounter in criminal proceedings are: Solicitors Solicitor Advocates Solicitors are professionally trained and authorised to provide legal advice and services. Unlike advocates and solicitor advocates, they can only appear in some courts in Scotland. They can be instructed directly by clients. A trainee solicitor (see glossary) may also be appointed to assist with your case, especially in the early preparation stages. Solicitor Advocates have special rights to allow them to represent clients in the highest courts in Scotland. They can be instructed directly by clients. Scottish Legal Complaints Commission Criminal Law- a guide for legal consumers 4

5 Advocates Advocates are self-employed legal consultants who specialise in the preparation and presentation of cases and in giving legal advice. They are not directly instructed by clients but are instructed by solicitors and other designated professionals and bodies. If you have more than one person acting on your behalf it can be confusing to know who is doing what, and who you should be speaking with about your case. Some of the roles and responsibilities of those typically involved in your case will be covered in more detail in this guide. However, ask your solicitor or solicitor advocate to explain your legal team s roles and responsibilities and what you can expect from each of them at different stages of your case. Scottish Legal Complaints Commission Criminal Law- a guide for legal consumers 5

6 2. Communication Most complaints that we receive are about a lack of communication. Good communication is the key to a good relationship with your solicitor and can help ensure that you fully understand what is happening in your case. Some people may have communication problems caused by a number of things including language, learning disabilities or mental health issues etc. If you have any difficulty in communicating, it is very important that you let your solicitor know. By letting your solicitor know, there is more chance of getting the additional support you may need e.g. an independent advocate to help with discussions and communications with your solicitor and/or advocate. Terms of Business Most problems can be avoided if clear information is given up front by both you and your solicitor. A Terms of Business letter (sometimes referred to as Letter of Engagement/ Terms of Engagement) can be the key to good relations between you and your solicitor. For most, it will be the first letter you receive after instructing your solicitor and will set out: an outline of the work that is to be done an estimate and/or details of how fees will be charged details of Legal Aid (if you are entitled to Legal Aid) who will carry out the work; it may also detail any other staff who will be involved and the costs for their involvement; and who should be contacted in the event that you are unhappy with the firm. It is important that you understand the Terms of Business letter. If you don t understand the written information given to you, then always ask for an explanation. Be aware It is not unusual for Terms of Business letters to be received after you have already been legally represented e.g. at a police interview or at court. However, solicitors must send these letters out as soon as possible. Scottish Legal Complaints Commission Criminal Law- a guide for legal consumers 6

7 Good communication is not only dependent on your solicitor but also on you. If you forget to mention something because you are stressed or upset, then let your solicitor know as soon as you remember. If you need a break, more time to answer questions, or find discussing issues upsetting, make sure to say this to your solicitor. Your responsibilities: to agree with your solicitor how instructions should be given to give instructions as soon as possible to turn up to meetings, on time to sign and provide supporting documents when requested to answer questions as openly and honestly as possible to provide information which is relevant to your case as soon as possible not to deliberately mislead or ask your solicitor to carry out work which is illegal to keep in touch to keep your solicitor advised of any change of contact details, e.g. address, address or telephone number; and to ask questions if you don t understand Your solicitor s responsibilities: to ask lots of questions to request proof of personal information e.g. passports, bank statements, benefit allowance for identification checks and legal aid applications to let you know of any deadlines for any information which needs submitting or upcoming court dates etc. to explain to you what all your options are and what they consider is the best plan of action for you; and to make sure you understand what is going on in your case. This may mean that they will follow up meetings and telephone conversations with a letter/ confirming what you have discussed and/or agreed. Communicating with your Advocate The amount of communication you will have with your advocate will depend on the type and complexity of the case. Unlike when you instruct a solicitor, Scottish Legal Complaints Commission Criminal Law- a guide for legal consumers 7

8 there is no direct contract between you and the advocate. You will not, therefore, receive a Terms of Business letter from an advocate. Whilst your advocate will meet with and advise both you and your solicitor, any questions that you may wish to ask your advocate, outside of a direct meeting with them, should go through your solicitor. Some advocates may respond directly to you. However, it is more likely that your advocate will communicate with your solicitor and it will be up to your solicitor to pass on any information to you. Sometimes we see complaints about advocates failing to communicate with them, an example of this can be seen below:- In the case of Mr X, he complained that the advocate failed to contact him prior to his sentencing at the High Court to discuss his options. The complaint was rejected on the basis it would have been up to Mr X s solicitor to have contacted Mr X directly to discuss his options prior to his sentencing. As there was no duty on the advocate to contact Mr X directly, the complaint was not upheld. Unrealistic expectations At best your solicitor can only really give you their professional opinion of what might happen and the best and worst case scenarios. Ultimately, it will be up to the court on the day to decide on your case. Although the final outcome might be different to what you have been advised, this does not necessarily mean that you were inadequately advised. It is important to prepare yourself for a number of different outcomes, as there can be no guarantees. Solicitors do have a duty to give you honest advice, and sometimes this advice might not be what you are expecting or want to hear. Managing updates Expect updates at key stages of your case. Your solicitor should have explained what these key stages are and when an update is likely to be provided. You should also be told when your input is required. If you do not know when you should next be updated, ask your solicitor. Scottish Legal Complaints Commission Criminal Law- a guide for legal consumers 8

9 Things which may affect the amount of communication you receive: Your solicitor may not always be available when you contact them. They will often be at court during office hours. It may not be possible for a solicitor to return a call or respond to an quickly. Usually if your solicitor is unavailable, you can ask to speak to their secretary, or another solicitor in the firm may be able to help in their absence. If you receive Legal Aid, the level of communication between you and your solicitor may have to be limited, based on the level of Legal Aid funding that has been approved. This is because solicitors need to make sure that there are enough funds available to progress your case, and that the funding is being put to best use in order provide you with the best service. An example of this is prison visits. Prison visits will only be funded by the Scottish Legal Aid Board ( SLAB ) if they are considered necessary. If your solicitor can obtain your instructions without incurring costs for travelling to, and attending, a prison meeting, SLAB will refuse funding. If funding has been refused, your solicitor should explain the reasons why a meeting cannot take place In short, here are some useful tips to ensure good communication with the solicitor: Know what your responsibilities are as a client Don t be afraid to ask if you don t understand Agree at the beginning with your solicitor how you will communicate and how often If an advocate has been instructed, ask your solicitor to explain how they will communicate with you, and vice versa Be prepared to receive unexpected, and in some cases unwanted, advice Scottish Legal Complaints Commission Criminal Law- a guide for legal consumers 9

10 3. Timescales Over half of all criminal court trials don't go ahead as planned. This often makes it difficult for your solicitor to advise you on likely timescales. Unfortunately delays are common and, in a lot of cases, are outwith the control of your solicitor. Reasons for delays: Court timetable Busy courts. Due to a high number of cases needing to be heard, it may not always be possible to get your case heard quickly, or even on time. Lack of court time. You may find yourself turning up in the morning for court but, due to another case overrunning, there is no time left for your case to be heard that day. It is likely that your case will have to be adjourned to another day, and it might be a few weeks before another date is available. Continuation of trials. The court will always schedule a certain amount of time for cases to be heard i.e. a day, a couple of days, weeks. If the Sheriff considers that more time is needed to deal with a case, it can be continued over to another day/s. This can cause delays depending on when the same Sheriff is available. For more information on the Scottish Court Service, please see; Delays in achieving disclosure The Crown Office and Prosecutor Fiscal Service (see glossary) must disclose material evidence relevant to the case to the Defence. There are sometimes problems in achieving disclosure in the timeframes given. Reasons for delay include; lack of staff to deal with this work, time required scanning documents, late receipt of evidence from the Police, technical issues with CCTV tapes etc., lack of quality of the evidence or retracted or amended witness statements. Scottish Legal Complaints Commission Criminal Law- a guide for legal consumers 10

11 Availability of everyone needed As well as you, your solicitor, solicitor advocate, advocate, witnesses, expert witnesses, the Sheriff/Judge and jury may all be required to be at court to deal with your case. Trying to fix a date which is suitable for all parties to attend is often difficult and can result in delays. Legal Aid funding from SLAB It is not usually the case that delays are caused by the length of time taken for SLAB to process Legal Aid applications or to deal with late applications. However, the differing categories of legal assistance means that eligibility often has to be checked repeatedly during the lifetime of a case, which can cause delays. Delays might also be due to incomplete applications being submitted. You will be asked to provide proof of any income or capital (see glossary) which you may have, which must be supplied when an application is made. Failing to provide all of the necessary information will lead to a delay in obtaining a decision on your funding. Be aware There are no rules or guidelines to say how long a case should take. If you feel that matters are dragging on, ask your solicitor for an update. If you ask questions, and your solicitor explains the process to you, it is likely that you will have a better understanding of what is involved, the timescales involved and the factors which may be causing any delays. Scottish Legal Complaints Commission Criminal Law- a guide for legal consumers 11

12 4. Preparing and presenting your case Quite often complaints are about the way that a client s case has been prepared and presented. Solicitors and advocates exercise their professional judgment when preparing a case for court, but they also have certain duties and standards to maintain. Professional judgment does not mean however that your solicitor or advocate will just act how he/she pleases. How to progress the case and the appropriate advice to give should be based on a number of factors, including the facts of your individual case, and on your solicitor s or advocate s knowledge, skills and experience of the law. Whilst your solicitor will use their professional judgment when deciding the best course of action for your case, there will also be other factors which they must consider. These include: Acting in your best interests- This sometimes means that you will receive advice that is not what you are expecting or wanting to hear, like being advised to plead guilty, when you don t want to. Your solicitor should explain to you all the circumstances and options available and why they consider their advice is the best option for you. Unable to carry out your instructions- It is not always possible or reasonable for a solicitor to follow your instructions. If, for example, you ask your solicitor to lodge an appeal on your behalf, and the solicitor doesn t think you have any grounds for appeal, they will not accept your instructions. Your solicitor has a duty to be honest towards you and not to be misleading, so if they do not consider that it is possible or reasonable to carry out your instructions, it is appropriate for them to refuse to do so. Scottish Legal Complaints Commission Criminal Law- a guide for legal consumers 12

13 Duties to others- Not only do solicitors have a duty towards you, but they also owe duties to the courts, to the profession and to others. Sometimes you may feel that these duties conflict with each other. We sometimes see complaints about solicitors failing to object to another solicitor or Sheriff saying something that the client didn t consider to be correct or fair. The other side will be given the opportunity to present their case. This can result in some things being said in court which you are unhappy about. Your solicitor should always explain why he/she thinks a certain course of action is best for you and agree with you the next steps to be taken. Ultimately, it is up to the professional judgment of the solicitor to decide how best to present your case. If you are unhappy with how your solicitor intends to progress matters, or how the case has been presented, be sure to speak to them about your concerns and ask them to explain why they propose to act, or why they have acted, in a certain way. If you are very unhappy with the service that you are receiving, you may consider asking to move your case to another solicitor in the firm, or to a new firm altogether. Scottish Legal Complaints Commission Criminal Law- a guide for legal consumers 13

14 5. Costs Due to the unpredictable nature of criminal proceedings, many solicitors will find it impossible to provide you with an exact estimate of fees (in advance) for the work to be carried out. The amount of time your solicitor will spend on your case will depend on a number of things including; the seriousness of the charge, the amount of evidence and witnesses needed, how fast the other side deals with matters; and whether the case goes to court. These are all matters which are largely outside the control of your solicitor. Your solicitor should either provide you with a rough estimate of fees, or details of how you will be charged. If you are eligible for Legal Aid you should also be told about any contributions that you may have to make. This information should be given to you in writing in your Terms of Business letter. Legal Aid The types of funding available from the Scottish Legal Aid Board for criminal proceedings are: Advice & Assistance and Advice By Way Of Representation (known as ABWOR) - this may be free, or you may have to pay a contribution towards the cost of your case. Summary Criminal Legal Aid if you are eligible for Summary Criminal Legal Aid you will not be expected to pay any contributions towards the cost of your defence. Solemn Criminal Legal Aid - for more serious crimes e.g. murder, rape, serious drugs offences etc. you will be entitled to Criminal Legal Aid and will not be expected to pay any contributions towards the cost of your defence. It is only available after you plead not guilty, or in more serious cases, when you first appear in court. * You should be aware that you may have to pay for any Advice & Assistance or ABWOR you have received before summary/solemn Criminal Legal Aid has been granted. It can sometimes be confusing to know what the difference is between the types of funding and what you may be entitled to, if anything. Your solicitor will be able to explain all of this to you. Scottish Legal Complaints Commission Criminal Law- a guide for legal consumers 14

15 Advocates The amount of fees which your advocate may charge can be negotiated in advance. This will usually be done between your solicitor and advocate. In some cases, the work of an advocate may be covered by Legal Aid, but this is something you will need to check with your solicitor. Fee Notes Given the uncertainty about how much time your solicitor will need to spend dealing with your case, it is likely that the fees charged will be based on an hourly rate instead of a fixed fee. Firms may present their fees differently in their fee notes. The fee note may seem unusual and you might find terms included in the fee note which you are not familiar with. It is usual for a brief explanation of the work which has been carried out to be included in the fee note. However, you can also request a breakdown of how the fee has been calculated, and it should confirm the amount of VAT charged and any outlays. If there is something in your bill which you don t understand, or are not sure about, ask. Your solicitor will be able to provide you with an explanation. Outlays & upfront payments If you are not eligible for Legal Aid you should be aware that in addition to the cost of the time spent preparing your case and attending with you at court, you may incur other expenses known as outlays. These may include court fees, travel expenses, fees of expert witnesses, medical reports and advocates fees. It is not unusual for a firm to ask you to make an initial payment when you first instruct them, especially if your case will be proceeding to court. This payment will usually contribute towards upfront work and any initial outlays. In short: Ask for an indication of costs at the beginning, and ask to be kept updated about cost - you might ask your solicitor for regular fee notes (known as interim fee notes) every few months. Some firms will agree to set up a standing order for a set amount, so you can be sure that you are making regular contributions towards your costs Costs can be unpredictable. It is best to ask for regular updates Expect to be charged for time spent on s, telephone calls and meetings, even if you just pop in for an update Details of charging rates and who is doing the work should be in the Terms of Business Scottish Legal Complaints Commission Criminal Law- a guide for legal consumers 15

16 6. Withdrawing from acting/mandates Quite often we see complaints that a solicitor has stopped acting for a client before their case has finished, including during the preparation of their case, or after the trial has started, but not finished. A solicitor should only stop acting if they have a good reason to do so. There may be situations where it is necessary or appropriate for your solicitor to withdraw from acting. They include: If a conflict of interest arises (see glossary) If the client wishes the solicitor to mislead the court If the client asks the solicitor to assist in a criminal activity If the client is unwilling to accept advice If the client fails to pay fees If the client fails to give instructions If the client acts unreasonably e.g. shouting and/or swearing abusively in court, or towards those representing him, including members of staff If the client wants to change solicitor and the new firm has sent a mandate asking for the file The solicitor should give you reasons why he or she decides to withdraw from acting. Advocates and solicitor advocates generally follow the same principle i.e. that it is not desirable to withdraw from acting whilst a case is ongoing but that there are cases where it may be necessary to do so. If your case is at court, your solicitor must also inform the court in writing. They must also inform the other parties to the case. For advocates, they need to request permission from the Judge formally if they wish to withdraw from acting. If your solicitor has withdrawn from acting, it will be up to you to find new legal representation as soon as possible. If it happens close to, or during, a trial, it will be up to the Judge to decide whether to postpone your trial to allow you time to find new legal representation, and for how long. Scottish Legal Complaints Commission Criminal Law- a guide for legal consumers 16

17 Mandates If you are unhappy with your solicitor you may decide to end the relationship. Generally speaking, clients are free to end the contract with their solicitor whenever they please, and are free to select a solicitor of their own choosing. If you decide to change solicitor firm while your case is ongoing, your new solicitor will need to send a mandate to your old solicitor requesting the safe delivery of your file and papers. The process of passing your file and papers to a new solicitor is often referred to as the implementation of the mandate. If a solicitor receives a mandate, he/she must arrange for the file and papers to be sent as soon as possible. There are some situations where a solicitor will be unable to pass the files and papers immediately. They include: If the client hasn t yet paid their fees and outlays. In such cases, the solicitor is entitled to hold on the files, known as exercising a lien over the files. If the client has been certified as incapable e.g. medical reasons. For clients receiving Legal Aid, SLAB must give permission for the transfer. The files can only be transferred after the Legal Aid Certificate has been transferred. If a solicitor is not in a position to send the papers/files immediately, they should advise the new solicitor that they are exercising a lien over the files. You should be aware that where files or documents are delivered by one solicitor to another, a fee may be charged for this. Your solicitor however cannot hold on to your papers if it would prejudice a continuing case. What can happen is that the relevant documents needed for your case can be sent to your new solicitor whilst your old solicitor holds on to the rest of the file, until their fee has been paid. This will allow your new solicitors to prepare your case for court If you are considering changing solicitors, be open and honest about your reasons for doing so. Delays and disputes can happen if the reason you have provided your new solicitor (which they will put on your mandate) is different from your previous solicitor s understanding. Scottish Legal Complaints Commission Criminal Law- a guide for legal consumers 17

18 7. Local agents Sometimes your solicitor may not be able to appear at court on the day of your trial and will have arranged for a different solicitor to appear on your behalf. This can either be another solicitor from the same firm, or a solicitor from a different firm (known as a local agent). Although this may be unsettling, it is quite common for this to happen. Given the busy nature of the courts and the busy diary of criminal solicitors, they will not always know if they will not be able to appear on your behalf until the very last minute. If this situation arises, it is up to your solicitor to arrange for a local agent to appear and to ensure that they are fully briefed to represent you. Failure to do so can result in an upheld complaint against the solicitor, as in the case of Mr Y:- Mr Y was advised by his solicitor that he would personally appear in court. When it became apparent that the solicitor would be unable to attend, he failed to tell his client. Although a local agent was instructed, the solicitor had not allowed enough time to ensure that the agent was fully briefed and had been provided with all of the relevant information prior to the start of the trial. The SLCC determined that Mr Y s solicitor provided him with an inadequate professional service and ordered the firm to pay Mr Y 600 by way of compensation. It is always better to be prepared for any eventuality. Be upfront and ask your solicitor about what systems they have in place if they find themselves unable to appear in court on your behalf. This should provide you with some reassurance, during what is already a stressful time for you. Scottish Legal Complaints Commission Criminal Law- a guide for legal consumers 18

19 8. Complaints If you are unhappy with the service provided by a solicitor or advocate, or you feel that their conduct is questionable, it is important that you make your concerns known to them as soon as possible. It is important that the relationship you have with your legal team remains positive and that you feel you can trust them to deal with matters for you. In short: If you have concerns, speak or write to the solicitor or advocate first Allow them at least 28 days to respond Be aware of time limits to make a formal complaint to the SLCC Ideally you should be able to speak or write to your solicitor/advocate first of all. If you don t want to do that, you can ask to speak to or write to the firm s Client Relations Manager, whose job it is to listen to your problems/issues and try to resolve matters without the need for a formal complaint. Every firm has to appoint a Client Relations Manager. In firms which have only one practitioner, this person will also usually carry out this role. For complaints about advocates, complaints should be raised with them in the first instance. You need to allow the solicitor/advocate at least 28 days to deal with your complaint. If, after having done this, you remain unhappy, you have the right to make a complaint to us. There are limits to the amount of time that you can take before you make a complaint to us. If your complaint is late, we may not be able to accept it. If you want to make a complaint to us, you must send us one of our complaint forms (which you can do online or we can post a form to you) within a set period of time. Details of the timescales for making complaints are on our website or can be provided by calling our Enquires Team. We would always advise you to make your complaint as soon as possible after you have complained directly to the solicitor or advocate. Scottish Legal Complaints Commission Criminal Law- a guide for legal consumers 19

20 For any advice about making a complaint, we are here to help. Our contact details are below:- Scottish Legal Complaints Commission The Stamp Office Waterloo Place EDINBURGH EH1 3EG Tel Fax enquiries@scottishlegalcomplaints.org.uk If you want to find out more about us and what we do, please visit We are open from 9am until 5pm, Monday to Friday, apart from Tuesday when we close for staff training between 10am and 11am. BSL users can contact us via the on-line British Sign Language interpreting service If you need information in another language or in large print or on audio CD, please get in touch. Publication Date: 05/07/2016 Scottish Legal Complaints Commission Criminal Law- a guide for legal consumers 20

21 Glossary of Terms A Adjournment - A break in court proceedings, perhaps for lunch, overnight or to a new date. Appeal - Challenge to conviction and/or sentence. Appropriate Adult A person who is independent of the police and can be present at all categories of interview, such as victim, witness, suspect or accused. Their role is to facilitate communication during police interviews and procedures where the person (aged 16 years & over) being interviewed may have difficulty with communication or understanding. For more information, please see C Charge - The crime that the accused person is thought to have committed. Commission - On this website, the term Commission means the Scottish Legal Complaints Commission. Conflict of interest - Acting for two or more clients in matters where there is a conflict of interest between the clients or for any client where there is a conflict between the interest of the client and your interest. Continuation - The action of carrying something on over time. Crown Office & Procurator Fiscal Service (COPFS) - Scotland s prosecution service. Duties include, receiving reports about crimes from the police and other reporting agencies and deciding what action to take, looking into deaths that need further explanation and investigating allegations of criminal conduct against police officers. D Disclosure - Process in which the Crown office & Procurator Fiscal must disclose material for and against the accused. Diet - The date for a case, e.g. to hear a plea of guilty or not guilty, at an intermediate stage or for a trial. H Hearing - Any part of a trial that takes place in a court. Scottish Legal Complaints Commission Criminal Law- a guide for legal consumers 21

22 I Incapable - Not having legal, mental or physical capacity. Independent Advocate - A person who helps people express their views and make informed decisions. See more at: L Lien - The right to retain someone s property e.g. a holding on to a file until a fee has been paid. M Mandate - An official order to do something. O Outlays - Costs incurred on your behalf which aren t the solicitor s fees e.g. medical reports etc. P Professional Judgment - The discretion of an individual with certain educational or work related experience to make a decision. S Sheriff - The name for a judge in the sheriff court. Solemn case A serious criminal case which is heard before a judge and jury in the High Court of Sherriff Court. Summary case A less serious criminal case which is heard before a Sheriff, Stipendiary Magistrate or Justice of the Peace, without a jury. Summary Sheriff- The name for a judge who will hear summary prosecution cases in Sheriff Courts with powers to impose appropriate sentences in summary proceedings. T Trainee solicitor - A prospective solicitor completing a training contract at a law firm or in an in-house legal department to obtain a full practicing certificate and be enrolled as a solicitor in terms of the Solicitor (Scotland) Act Scottish Legal Complaints Commission Criminal Law- a guide for legal consumers 22