Criminal Appeals in Scotland

Criminal appeals play a vital role in ensuring fairness and justice within the Scottish legal system. Whether an appeal follows a conviction or sentence, or arises years later through new evidence or concerns about a miscarriage of justice, the appeal process can be complex and highly specialised.

We advise and represent individuals at all stages of the criminal appeal process in Scotland, including late appeals, applications to the Scottish Criminal Cases Review Commission (SCCRC), and appeals to the UK Supreme Court.

Appeals to the Criminal Court of Appeal

In Scotland, criminal appeals are heard by the Criminal Court of Appeal.

Appeals may relate to:

• Conviction: where it is argued that a miscarriage of justice has occurred; and/or
• Sentence: where the sentence is said to be excessive or inappropriate

Most appeals must be lodged within strict statutory time limits, and require careful preparation of grounds of appeal supported by legal argument and, where appropriate, fresh evidence.

Late Criminal Appeals

Not all appeals are raised within the standard time limits. In certain circumstances, it may still be possible to bring a late appeal.

The court has discretion to allow a late appeal in exceptional circumstances and where it is in the interests of justice to do so. Common issues include:

• A lack of awareness of appeal rights
• Ineffective legal representation
• The emergence of new evidence after conviction
• Developments in the law

Late appeals require a detailed and persuasive explanation of both the delay and the underlying grounds. These cases are often legally and procedurally complex, and early specialist advice is essential.

Appeals to the UK Supreme Court

In limited circumstances, criminal cases from Scotland may be appealed to the UK Supreme Court.

Such appeals do not concern the conviction or sentence as such, but are restricted to devolution or human rights issues, including:

• Alleged breaches of the European Convention on Human Rights
• Questions about the lawfulness of acts by public authorities
• Issues relating to the Lord Advocate’s role

Appeals to the UK Supreme Court involve complex constitutional and human rights arguments and are subject to strict permission requirements. Specialist expertise is essential at every stage.

Why specialist advice matters

Criminal appeals are not a rerun of the original criminal trial; however, they involve detailed analysis of:

• Trial transcripts and productions
• Jury directions and judicial decisions
• Legal developments and case law

• New or previously unavailable evidence

Errors at an early stage can be fatal to an appeal. Whether you are considering a first appeal, a late appeal, or an application to the SCCRC, early and informed advice is essential.

The Scottish Criminal Cases Review Commission

For individuals who have exhausted their appeal rights, or who are significantly out of time, the Scottish Criminal Cases Review Commission (SCCRC) may provide an alternative route.

The SCCRC is an independent public body with the power to investigate potential miscarriages of justice and, where appropriate, refer cases back to the High Court for a fresh appeal.

When can the SCCRC help?

The SCCRC can review convictions and sentences where:

• Normal appeal routes have been exhausted or are no longer available
• There is a concern that a miscarriage of justice may have occurred
• New evidence or legal arguments are available, or existing material has not been properly considered

An SCCRC application is not an appeal in itself. It is an investigative process that requires detailed written submissions, careful analysis of trial and appeal history, and a clear articulation of why the case merits referral back to the court.

How we can help

We provide strategic, discreet, and robust advice on all aspects of criminal appeals in Scotland, including:

• Advising on prospects of appeal
• Drafting grounds of appeal
• Late appeal applications
• SCCRC applications and representations
• Human rights issues
• Appeals to the UK Supreme Court

Our approach is thorough, client focused, and realistic, ensuring you understand both the legal position and the practical options available.

Contact our Special Litigation Team

If you or someone you know requires assistance, please contact our Specialist Litigation Team on 0141 429 8166 or by completing our online contact form.