OmissionA defendant must be shown to have had the relevant mental state of mind or intention at the time that the act comprising offence is committed....
This Practice Note explains the main fitness to practise hearing before the Health and Care Professions Tribunal (HCPT). It deals with preparation for...
Coronavirus (COVID-19): This Practice Note contains guidance impacted by the Scottish government’s response to the COVID-19 outbreak. For information...
Possession with intent to supply a controlled drugIt is an offence for a person to have a controlled drug in his possession, whether lawfully or not,...
Competency—general ruleThe most common way for evidence to be adduced is through the testimony of a witness. A witness is said to be competent if they...
Possessing extreme pornographySimple possession of extreme pornography is an offence under section 63 of the Criminal Justice and Immigration Act 2008...
Any informal request or formal application for the return of property seized by an investigating authority during a criminal investigation will depend...
Offence of cheating the public revenueThe offence of cheating the public revenue is a common law offence triable only on indictment. This means that,...
Coronavirus (COVID-19): This Practice Note contains guidance impacted by the Scottish government’s response to the COVID-19 outbreak. For information...
The ‘handling’ offenceHandling stolen goods is an offence that is triable either way.The elements of the offence are:•dishonestly receiving the goods,...
Coronavirus (COVID-19): Note that updated arrangements are in place for reporting of deaths during the global coronavirus (COVID-19) pandemic. In May...
This Practice Note provides a summary of the prosecutions for health and safety offences brought by the Health and Safety Executive (HSE), the Office...
In the immediate aftermath of an incident, it is of paramount consideration to have an incident management team appointed and deployed. See Practice...
In the vast majority of Scottish criminal cases, the recovery of evidence by an accused’s representatives will be by means of disclosure made by the...
In Scotland, there is a duty on the Crown Office & Procurator Fiscal Service (COPFS) to disclose all material which it holds to the defence. This duty...
Coronavirus (COVID-19): This Practice Note contains guidance impacted by the Scottish government’s response to the COVID-19 outbreak. For information...
Coronavirus (COVID-19): This Practice Note contains guidance impacted by the Scottish government’s response to the COVID-19 outbreak. For information...
Coronavirus (COVID-19): This Practice Note contains guidance impacted by the Scottish government’s response to the COVID-19 outbreak. For information...
For information on the sentencing powers available to Scottish courts, see Practice Note: The jurisdiction and sentencing powers of Scottish criminal...
Legal privilege in ScotlandThe courts in Scotland are careful to protect the important legal right of legal privilege which attaches to communications...
Coronavirus (COVID-19): This Practice Note contains guidance impacted by the Scottish government’s response to the COVID-19 outbreak. For information...
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