What action can be taken against solicitors referred to the Scottish Criminal Cases Review Commission for defective representation.

Solicitors are not referred to the Scottish Criminal Cases Review Commission. Where the Commission refers a case to the High Court, and the court overturns a conviction on the grounds of defective representation, it may be possible for disciplinary proceedings to be taken against the legal representative concerned. The Law Society of Scotland and the Faculty of Advocates are responsible for investigating complaints against solicitors and advocates respectively.
The Scottish Legal Services Ombudsman (SLSO) looks into complaints about how the professional bodies handle complaints against legal practitioners. Under the terms of the Legal Profession and Legal Aid (Scotland) Act 2007, the SLSO will be replaced by the Scottish Legal Complaints Commissioner (SLCC). The SLCC will receive complaints about legal practitioners where local resolution between the practitioner and client has been attempted but has proven unsuccessful. The SLCC will investigate complaints about service while the professional bodies will continue to address concerns relating to conduct. We anticipate that the new body will become operational in late 2008.