Paterson Bell Solicitors

Criminal Appeals

King’s Counsel, Solicitor Advocate

Iain is a KC, King’s Counsel, and has specialised in criminal defence for about 30 years. He is seen as one of Scotland’s leading criminal defence lawyers. He represents individuals and companies in the High Court of Justiciary and the Court of Criminal Appeal. He is a down to earth and straight talking KC who can immediately focus the issues and problems any client may face.

Principally, Iain defends clients in the High Court for all forms of crime including murder, rape, serious sexual offences, large scale drug cases, fraud, money laundering, robbery and assault. He has extensive experience in preparing and defending complex and large cases. He is instructed not only by individuals, but also by almost 100 other law firms to represent their own clients in the High Court.

Iain provides advice to many companies and their employees who have run into difficulty with the law. He is available to discuss any criminal allegation or advise regarding possible prosecution. This includes Health and Safety, environmental crime, corporate regulation, responsibility and liability, Bribery Act, corporate manslaughter, company directors’ liability, police station interviews. 

Iain also advises many law firms regarding Scottish law and procedure and regularly lectures to lawyers about many aspects of criminal defence. Iain appears regularly in the Court of Criminal Appeal seeking to overturn miscarriages of justice. He has had many reported and significant cases in Scotland.

Some examples of reported cases

A.v HMA 2012 HCJAC 29 : an successful appeal against conviction. The issue being the use of prior statements in a trial and the legal directions to be given. Gemmell & others v. HMA 2012 SCCR 176 : consideration of discount for pleas of guilty. The area of law was fully considered in this case by 5 Judges. McCourt & others v. HMA 2012 SCCR 411 : the appellants Human rights were breached by a delay in the issuing of an appeal judgement and their sentences were reduced as a result. HMA v. Tole 2014 SCCR 5 : this case was a successful appeal challenging the use of oral statements made to psychiatrists who were instructed pre trial by the Crown to ascertain the mental health of the accused. Montgomery v. PF Kilmarnock 2015 HCJAC 2 : an analysis of breach of the peace. PF Hamilton v. H.C. 2014 HCJAC 68 : a Crown appeal against acquittal, the appeal was unsuccessful. Livingstone v. HMA 2014 HCJAC 102 : a conviction appeal regarding a perverse jury decision. EA v. HMA 2014 HCJAC 96 : an appeal case considering the terms of a Sexual Offences Prevention Order (SOPO) which was in very wide and restrictive terms. HM Advocate v A.C. 2021 Iain acted as leader in this murder trial, which also involved allegations of domestic abuse. The defence to the murder charge was that the stab to the deceased's neck was an accident, the commission of which had to be considered against a  background of previous domestic abuse by the deceased against the accused. Iain instructed an investigation into the prior domestic abuse of the complainer and was able to recover medical evidence regarding this from the Republic of Ireland. Through his efforts Iain was also able to obtain photographic evidence of injuries the accused had previously sustained at the hand of the deceased. The Crown objected to this evidence and at a hearing on this objection it was repelled after factual and legal argument. The trial proceeded and the accused gave evidence through an interpreter. Although this added an additional layer of complication to her testimony, Iain was able to lead this crucial evidence, which was the most important part of the trial, in a sympathetic and effective manner, conveying the clear and unambiguous nature of her defence for the jury. As a result, the accused was acquitted of murder. HM Advocate v J.D. Iain acted as leader in this murder trial involving a single stab wound. The accused accepted stabbing the deceased, but offered a plea of culpable homicide before the trial, which was rejected by the Crown. His defence was that he had no intention to kill and that he did not act in a wickedly reckless way, either if proved would be murder. The accused had led a disturbed and chaotic life and was under the influence of drugs at the time of the offence.  The careful cross-examination of the witnesses by Iain was such that the jury were left with a reasonable doubt, and convicted the accused of culpable homicide, rejecting the Crown's argument that the case was a murder. HM Advocate v ND 2021 and 2022. Iain acted as leader in this re-trial for murder and rape. The accused and Iain had had a history, the accused was found guilty of attempted murder and robbery, Iain represented him for that trial, the conviction was successfully appealed on the basis of errors in the Judge’s directions to the jury. Iain conducted that appeal. The Appeal court ordered a re-trial. At that re-trial the accused was acquitted. The accused was then arrested and accused of murder and rape. A trial took place  for approximately a month in early 2021, before the accused's mental health resulted in him being removed to the State Hospital for treatment. The evidence involved CCTV analysis, DNA, blood spatter, blood trails, footwear analysis and mixed statements by the accused. The accused himself was very problematic to deal with. Iain was able to deal with the accused, to continue to take his instructions, and to represent him despite his clear personality problems. Despite being convicted the accused had had a fair trial. HM Advocate v SG Iain acted as leader in this domestic rape, attempted murder and fireraising trial. The case was unusual as it involved allegations of sexual coercion. During the preparation for the initial trial thousands of phone messages were disclosed late by the Crown, which led to that trial diet being adjourned. Thereafter the messages were considered and analysed in detail by Iain who was able to explain to the accused that the messages which he considered highly relevant were not, in fact, relevant standing the terms of sections 274 and 275 of the Criminal Procedure (Scotland) Act 1995. He eventually accepted this advice. The case was extremely complicated and evidentially problematic eventually resulting in a conviction. HM Advocate v TS 2024 Iain acted as leader for the accused who faced an allegation that he had pushed the deceased down a set of stairs to his death and murdered him. The cornerstone of the Crown case was evidence from a witness who claimed that the accused had admitted the crime. This was denied by the accused. The Crown repeatedly offered the accused the opportunity to plead guilty to culpable homicide. On Iain’s advice, the accused rejected all such offers and was subsequently acquitted by the jury. In addition to discrediting the  confession evidence in a careful and well-structured cross-examination, Iain was also required to neutralise evidence about what had been heard at the top of the stairs prior to the deceased falling down the stairs. The accused was found not guilty of both murder and culpable homicide RC v HMA 2020 JC 60. Iain acted as leader in this case. This was a sentence appeal which raised concerns about the incarceration of disabled persons, their rights and the problems encountered in dealing with them within the criminal justice system. From the first call from the solicitor about his client’s incarceration, Iain had grave concerns that the rights of the appellant had effectively been ignored and that action was required to be taken immediately to redress the situation. This case illustrates Iain’s ability to act immediately upon his belief that a miscarriage of justice had occurred and his ability to take effective steps on the basis of that belief. Iain subsequently  prepared detailed written submissions dealing with the difficult and complex issues of the rights of disabled persons in our criminal justice system. The appeal was successful and the appellant was sentenced to a community sentence.

Duthie v HM Advocate 2021 Lord Carloway, Lady Dorrian, Lord Menzies, Lord Pentland and Lord Matthews. Mark Duthie v HMA 2021 JC 207

Iain acted as leader in this appeal against conviction, which was remitted to a full bench due to concerns over a continuing tension between some appellate decisions of the High Court over the preceding decade. Iain was required to lodge detailed written submissions in advance of the appeal and at the hearing Iain made detailed submissions on both the facts of the case and on the law under reference to numerous authorities. The Crown sought to persuade the Appeal Court that non-sexual domestic criminality could corroborate sexual domestic criminality. Iain challenged that proposition in his written and oral  submissions and ultimately the court did distinguish between rape and assault. This is an important decision, which is frequently referred to in the courts.

Lady Dorrian, Lord Matthews, Lord Boyd of Duncansby GC v HMA 2022 JC 215. 

This conviction appeal involved fresh evidence. IIain drafted the grounds and acted as leader at the full appeal hearing. Iain was required to present a full analysis on the law relating to  the fresh evidence not previously available and which Iain sought to introduce and on the law relating to that type of evidence generally. The court held there was a reasonable explanation as to why the evidence was not originally led at trial, that it was material and to an extent admissible, but that it was evidence which the jury would view as credible. Iain has appeared in many more criminal appeals and High Court trials.

In September 2024, Iain was appointed King’s Counsel by King Charles III

English

Member of the Fraud Advisory Panel Member of United Kingdom Environmental Law Association Member of the Health and Safety Lawyers Association

Bachelor of Law Diploma in Legal Practice Accredited by the Law Society of Scotland as a Senior Solicitor Advocate. Notary Public Solicitor in the Supreme Courts of Scotland (SSC)