Court of Criminal Appeal

The Court of Criminal Appeal sits within the High Court of Justiciary at Lawnmarket in Edinburgh. It hears appeals from summary and solemn level prosecutions in Scotland.

Whilst we aim for acquittal in all trial matters there are unfortunately some cases in which miscarriages of justice occur. In such circumstances an appeal is required. Our solicitors have extensive knowledge of the law relative to appeals in Scotland. We have successfully argued a wide variety of appeals against conviction and sentence in the past.

For further information please visit the Criminal Appeal Work page of our website.

High Court of Justiciary (The High Court)

The High Court of Justiciary is the most senior Criminal Court in Scotland. It sits at three permanent locations in Edinburgh, Glasgow and Aberdeen. The High Court can also convene at any Sheriff Court in the land if the pressures of business so require.

As the most senior court in Scotland, the High Court of Justiciary hears only the most serious cases. Trials for murder, rape and high level drug supply are only prosecuted in the High Court. Trials are conducted by Advocates and Solicitor Advocates specially qualified in the practice of trials in the High Court.

We conduct many cases in the High Court every year with many acquittals. We have significant experience in the preparation of defences, precognition of witnesses, perusal and consideration of evidence, drafting of legal documents and instructing of counsel in trials. We are one of the leading High Court practices in Scotland and have dealt with every type of High Court prosecution imaginable in our 26 years as a firm.

If you are subject to a High Court prosecution you need the best possible representation. Look no further than McCusker McElroy & Gallanagh.

The Sheriff Court

The majority of prosecutions in Scotland are dealt with in the Sheriff Courts. There are currently 46 Sheriff Courts in Scotland with some earmarked for closure in the coming years. Sheriff Courts deal with both summary and solemn level prosecutions, with decisions on guilt or innocence made by Sheriffs at summary level and juries at solemn level.

Our solicitors conduct trials, proofs, debates, bail applications and pleas daily across all Sheriff Courts in Scotland. We have a wealth of experience in dealing with all types and levels of prosecution faced in the Sheriff Court.

Should you require advice or representation in connection with any Sheriff Court prosecution please contact us immediately and our highly experienced solicitors will be happy to assist.

The Justice of The Peace Court

Justice of the Peace courts deal with low-level summary prosecutions in Scotland. Typical cases include shoplifting, minor public order offences and road traffic matters. Justice of the Peace courts are presided over by Justices – unqualified lay persons appointed to decide upon cases with the assistance of a qualified legal assessor.

We conduct a vast amount of business each year in this forum. Many prosecutions have been downgraded to the Justice of the Peace court in recent times and we have secured a large number of acquittals in all manner of cases.

The Justice of the Peace courts deal with the majority of road traffic prosecutions in Scotland. If you are facing a road traffic prosecution please visit our dedicated road traffic website for further information