Victims, Witnesses, and Justice Reform (Scotland) Act 2025

92 Prohibition on personal conduct of defence

(1) An accused is prohibited from conducting their own case in person at, or for the purposes of, any hearing in the course of proceedings in the Sexual Offences Court at which a witness is to give evidence.

(2) If, at any point in the proceedings, the Sexual Offences Court—

(a) ascertains that an accused does not have a solicitor to conduct the accused’s case at, or for the purposes of, any hearing at which a witness is to give evidence, and

(b) is not satisfied that the accused intends to engage a solicitor to do so,

the Court must appoint a solicitor to conduct the accused’s case.

(3) The Sexual Offences Court may only appoint a solicitor who has a right of audience in the Court in accordance with section 82.

(4) An appointed solicitor—

(a) is to ascertain and act upon the instructions of the accused,

(b) in the event that the accused gives no instructions, or gives instructions that are inadequate or perverse, is to act in the accused’s best interests,

(c) is not obliged to comply with any instruction by the accused to dismiss counsel.

(5) An appointed solicitor—

(a) may not be dismissed by the accused,

(b) may be relieved from the appointment by the Sexual Offences Court if the Court is satisfied that the solicitor is no longer able to act upon the accused’s instructions or in the accused’s best interests, and the Court must appoint another solicitor to conduct the accused’s case.