Sexual Offences

 

FAQ Sexual Offences

A. If the police need to speak to you they will usually contact you to put the allegation to you during a formal interview at a police station. Accordion Sample Description
A. You have the right to have a lawyer at the police station to advice you before the interview and to be present during the interview. You should always insist on exercising your right to have a solicitor appointed. The police have a duty to advise you of that right.
A. No, apart from confirming your name, address and date of birth, you have the right to remain silent during a police interview. The police have a duty to tell you of that right.
A. No, the right to remain silent is a fundamental cornerstone of our legal system and cannot be used against you in court. The solicitor acting for you should advise whether or not to answer the police questions.
A. It will depend on how serious the charges are and what evidence the Police have in relation to those charges.
A. You must be brought before a court on the next court day after you are charged, this will normally exclude weekends and bank holidays.
A. You have to right to ask the court to be put on bail pending your Trial. Whether bail is granted will depend on the seriousness of the charge or charges, your personal circumstances, e.g. if you have previous convictions. Other factors may also influence the court's decision, and each bail application will be decided on its merits.
A. The lawyer who attends the police station is paid to be there by the Legal Aid Board. Once the matter proceeds to court the lawyer will advise you on prospects of obtaining legal aid for the preparation and representation of your defence.

Few types of criminal offence carry more stigma than those relating to allegations of unlawful sexual conduct. If you are accused of a sexual offence, the stress and worry alone can be quite overwhelming. It is therefore essential that you receive the best legal advice as soon as possible in order that your rights are protected.

We employ a number of solicitors with years of experience in successfully defending all types of sex charges in the both Sheriff and High Court. We understand that being accused of a sexual offence can be traumatic, that is why we provide 24-hour helpline. So if you or a member of your family is facing such allegations help is only a phone call away. Your case will be handled sensitively and in confidence by an experienced solicitor in these types of cases.

 

Sexual Offences Scotland Act 2009 Offences

  • Rape

  • Indecent Assault

  • Child Abuse

  • Child Pornography

  • Grooming

  • Stalking

  • Indecent Communications

  • Indecent images

  • Historic Sexual offences

  • Abuse of Trust

  • Internet Chat room offences

 

Most sexual offences were previously common law crimes, and the nature of these offences was based on what the Courts decided over the years. A fundamental change occurred in 2009 when the Scottish Government passed The Sexual Offences Act 2009. The Act has replaced many of the common law sexual charges and sets out the definition for each offence and the sentence options available to the court. Not all sexual crimes come under this Act and there are some charges that will be brought under other legislation e.g. The Civic Government (Sc) Act.

 

This area of law is extremely complex and the most serious offences can result in the case being prosecuted before a jury in the Sheriff Court or even High Court.  Convictions before a jury can attract a very heavy sentence and therefore it is essential that you have an experienced criminal defence solicitor on your side. Contact us without delay on any of the numbers provided on this website and we will provide you with immediate advice and assistance.

You may also qualify for legal aid and we will assist you in completing and submitting the necessary paperwork to the Legal Aid Board.