Iain has specialised in criminal defence for about 25 years. He is seen as one of Scotland’s leading solicitor advocates and has been accredited as a senior solicitor advocate by the Law Society of Scotland. 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 lawyer 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.
Qualifications and Memberships
- 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)
- Founding Member of Fortis Chambers : www.fortischambers.co.uk
- Member of the Fraud Advisory Panel
- Member of United Kingdom Environmental Law Association
- Member of the Health and Safety Lawyers Association