What if everyone thought it was you?
- Lindsay Conchar - Scots Law Talks
- 6 days ago
- 6 min read
It is a Saturday night in Edinburgh.
The bar is busy. People are three deep at the counter, music humming in the background, coats draped over chairs. It is the kind of place where you have to lean in to be heard.
Lorraine is out with friends. She is wearing a red top she picked up from M&S earlier that week. It is popular. Comfortable. Nothing unusual.
Across the room, another woman is wearing the exact same top. Similar height. Similar blonde hair.
No one notices.
The moment everything changes.
There is tension near the bar.
A disagreement. Raised voices. Someone steps forward.
Then suddenly, a shove.
A woman is pushed backwards with force. She stumbles, falls, and strikes her head on the edge of a table.
The room erupts.
People shout. Chairs scrape loudly across the floor. Drinks spill. Someone rushes to help. Others try to get out of the way. In the confusion, people move quickly, blocking each other’s view, trying to piece together what just happened.
Lorraine is caught in it. She hesitates, then follows the crowd as people begin to leave the bar.
She goes home, unsettled, but unaware of anything more serious.
Later that evening, she knocks her hand against a doorframe. A graze appears across her knuckles.
She does not think anything of it.
The next morning...
There is a knock at the door.
Police officers.
She is arrested and charged with assault.
She is told that she pushed the woman.
She cannot understand it.
The case against her.
There is CCTV from inside the bar.
It is grainy.
But it shows:
a blonde woman
wearing a red top
near the bar
in the vicinity prior to the altercation
The footage does not capture the moment of the push. The key moment itself is not visible on camera.
And the captured footage is not clear enough to identify a face.
But it places someone matching Lorraine’s description at the centre of events.
Then there are the witnesses. Two separate eyewitnesses.
Both say:
blonde hair
red top
at the bar
it was her
They are certain.
In Scots law, that matters.
Taken together, the CCTV and eyewitness accounts could amount to corroboration. Two independent sources of evidence pointing in the same direction.
And that may be enough for a case to proceed.
The prosecution narrative...
The Crown builds a story.
They will say:
Lorraine was present
Lorraine matches the CCTV
Lorraine has been identified by two witnesses
And then there is the graze on her hand.
The prosecution may suggest it was caused during the struggle.
Again, a small detail.
But one that fits.
But it was not her.
This is where many people assume the system will correct itself.
That the mistake will be obvious.
That being innocent is enough.
But the law does not work on what actually happened.
It works on what can be proved.
And here, there is a case.
A coherent one. A persuasive one. And potentially, a mistaken one.
Of course, cases like this would be tested rigorously in court. Identification evidence can be challenged. Witnesses can be cross-examined. The defence has the opportunity to present an alternative account.
But that process takes time, expertise, and resources. And it often begins at a point where you are already under pressure, trying to make decisions quickly.
Now imagine this.
The woman who fell does not recover.
She suffers a severe head injury.
The next day, she dies.
This is an extreme scenario, but it shows how quickly situations can escalate.
What began as an allegation of assault is now a charge of culpable homicide.
The case moves from the Sheriff Court to the High Court of Justiciary.
Everything changes.
You might be thinking- '“I would just get a lawyer...'
This is where most people feel reassured.
But in Scotland, it is not always that simple.
Legal Aid in Scotland – what you actually need to know
Legal aid is available, but it is not automatic and it is not available to everyone.
As per Scottish Government page on Criminal Legal Aid: 'To get criminal legal aid you'll have to show that you can't afford to pay your legal costs yourself or that paying them would be unreasonable to you or your family.'
When people think about being accused of a crime, they often assume: “I will just get legal aid. That means a free lawyer.”
The reality is slightly more nuanced.
1. Legal aid is not one single thing
In Scotland, there are different types of legal help, and they are treated differently.
The two most relevant are:
This covers early legal advice, including speaking to a solicitor after arrest or at the police station.
Criminal Legal Aid (for court)
This covers representation if your case goes to court.
2. Court representation is usually free
If you are granted criminal legal aid for a court case:
you will not usually have to pay anything towards your legal costs (Scottish Legal Aid Board website)
this includes your solicitor and, where appropriate, an advocate
This is why many people believe legal aid is “free”.
3. But early legal advice may not be free
At the earlier stage of a case (Advice and Assistance):
you may have to pay a contribution depending on your income
your solicitor should tell you this at the outset
Eligibility is based on financial limits, for example:
generally, you must have disposable income below around £245 per week to qualify
savings and capital are also taken into account
So even before your case reaches court, there may already be costs involved.
4. It is still means tested
Legal aid is not automatic.
To qualify, your case must meet:
and a legal test (whether it is in the interests of justice)
5. You may still pay in certain situations
Even where legal aid is granted:
you may pay contributions at the advice stage
you may have to pay money back later in some cases (known as “clawback”) if you gain financially from the outcome
And if legal aid is refused, you may need to fund your defence privately.
Exact eligibility depends on individual circumstances assessed by the Scottish Legal Aid Board.
So you can find yourself in a position where:
you are not wealthy
but you are expected to contribute significantly
And those contributions can run into thousands of pounds over the course of a case.
What if you pay privately?
Let us go back to Lorraine - she maintains her innocence.
Sheriff Court (solemn procedure)
A privately funded Sheriff Court trial can quickly run into several thousand pounds.
Depending on the length and complexity of the case, costs may reach £5,000 to £15,000 or more.
High Court of Justiciary
A privately funded High Court trial can be extremely expensive.
There is no fixed cost, and fees vary depending on the complexity and length of the case. However, it is not unusual for costs to reach:
£20,000 to £50,000 or more
In more complex cases, costs can rise significantly beyond this.
This reflects:
the involvement of senior counsel
extensive case preparation
multiple days, or even weeks, in court
the use of expert evidence where required
For most people, this level of cost is simply not realistic without significant financial resources.
And here is something else...
If Lorraine wanted to understand the law she is facing, where would she go?
Culpable homicide is not set out in one single statute.
It is largely common law.
That means:
it has developed through court decisions
it is shaped by case law
it is not easily accessible in one clear explanation
While case law is public, understanding it properly often requires legal training or specialist resources.
Why does this matter?
This is not about fear. It is about awareness.
In Scots law, the Crown must prove the case against you. But evidence is not always as clear or reliable as it first appears.
And while the system provides the opportunity to challenge that evidence, getting to that point is not always simple — or without cost.
Understanding how the system works matters, because sometimes, the case can look convincing, even when it is wrong.
One final question
If two witnesses pointed at you…
If CCTV showed someone who looked like you…
If the story made sense…
Would you trust that the system would get it right?
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