Accused

The accused is the person charged with a crime in Scottish criminal proceedings; the English term defendant is not used.

In Scotland, a person facing criminal charges in court is called the accused. The term defendant, used in England and Wales, is not used in Scottish criminal cases. An accused person is presumed innocent until proved guilty beyond reasonable doubt, and the prosecution must prove the case with corroborated evidence. The accused does not have to give evidence or call witnesses, and in Scotland no rule allows a court to draw an adverse inference from a suspect's silence at a police interview. The accused has the right to be represented by a solicitor, and legal aid may be available. Before court proceedings begin, a person being investigated by police is usually called a suspect, and becomes officially accused when charged.

Checked as at 25 September 2026. General information only, not legal advice.