Corporate Crime in Scotland

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Practice notes
There is no defence of entrapment in English law but it is considered to be an abuse of the process of the court for state agents to lure a person...
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9th Nov
Practice notes
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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Produced in partnership with Craig Findlater of Black Chambers and Stephen O'Rourke QC of Terra Firma Chambers 12th Jan
Practice notes
Production ordersThe purpose of a production order is to obtain material relating to a known person or business, such as bank statements and...
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9th Nov
Practice notes
Bench warrantsThe Bail Act 1976 (BA 1976) provides that if a defendant fails to appear at court to answer bail, the court may issue a warrant for...
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9th Nov
Practice notes
What is a remedial action notice?A remedial action notice is used by enforcement authorities such as the Food Standards Agency (FSA) or a local...
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9th Nov
Practice notes
The power of the court to order the forfeiture of property under the PCC(S)A 2000The Powers of Criminal Courts (Sentencing) Act 2000 is the principal...
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9th Nov
Practice notes
Coronavirus (COVID-19): This Checklist contains guidance impacted by the coronavirus pandemic. The Coronavirus Act 2020 (CA 2020) among other...
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9th Nov
Practice notes
Offences relating to untrue declarations etcA person commits an offence under the section 167 of the Customs and Excise Management Act 1979 (CEMA...
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9th Nov
Practice notes
What are hygiene improvement notices?Hygiene improvement notices are used by enforcement authorities such as the Food Standards Agency (FSA) or a...
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9th Nov
Practice notes
A challenge to a decision of the lower courts can be brought in various ways, including by way of appeal, judicial review or an appeal by case stated....
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9th Nov
Practice notes
Obtaining services dishonestlyIt is an offence for a defendant to obtain, by any dishonest act, services for which payment is required, with intent to...
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9th Nov
Practice notes
Intimate Samples from a detained suspectAn intimate sample is:•a sample of blood, semen or any other tissue fluid, urine or pubic hair•a dental...
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9th Nov
Practice notes
Affray is an offence created by the Public Order Act 1986 (POA 1986). It can be tried in either the magistrates’ court or the Crown Court. The...
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9th Nov
Practice notes
When do local authorities investigate environmental offences?Environmental offences cover a broad range of crimes which affect the surroundings we...
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Produced in partnership with Laura Phillips of 6 Pump Court 12th Jan
Practice notes
Taking a conveyance without authority offenceTaking a conveyance without authority is committed when a person:•takes a conveyance without the owner's...
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9th Nov
Practice notes
Exceptions under the CJA 2003The admission of hearsay evidence is regulated by the Criminal Justice Act 2003 (CJA 2003).See Practice Note:...
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9th Nov

Most recent Corporate Crime in Scotland content

Practice notes
This table below contains an archive of news analysis on Scotland and Scots law developments of general application and those which affect various...
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9th Apr
Practice notes
In the immediate aftermath of an incident, it is of paramount consideration to have an incident management team appointed and deployed. See Practice...
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Produced in partnership with Lindsay MacNeill of BTO Solicitors LLP 9th Apr
Practice notes
This Practice Note provides a summary of the prosecutions for health and safety offences brought by the Health and Safety Executive (HSE), the Office...
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8th Apr
Practice notes
The offence specific sentencing guidelines for health and safety offences published by the Sentencing Council apply only to sentencing courts in...
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Produced in partnership with Charlotte O'Kane, Pinsent Masons LLP 10th Mar
Practice notes
Bribery in ScotlandUnder the Bribery Act 2010 (BA 2010), Scottish businesses that commit bribery offences anywhere in the world and other businesses...
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Produced in partnership with Tom Stocker of Pinsent Masons 9th Mar
Practice notes
The fire safety regime in Scotland for non-domestic premises is contained primarily within Part 3 of the Fire (Scotland) Act 2005 (F(S)A 2005) and the...
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Produced in partnership with Lindsay MacNeill of BTO Solicitors LLP 9th Mar
Practice notes
IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...
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Produced in partnership with Lindsay MacNeill of BTO Solicitors LLP 9th Mar
Practice notes
The Health and Safety Executive (HSE), established by the Health and Safety at Work etc Act 1974 (HSWA 1974) is the main regulator of health and...
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Produced in partnership with Charolotte O'Kane of Pinsent Masons LLP 9th Mar
Practice notes
This Practice Note provides an explanation of the powers of the Scottish criminal courts to sentence offenders following conviction. For an...
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Produced in partnership with Craig Findlater of Black Chambers and Stephen O'Rourke QC of Terra Firma Chambers 9th Mar
Practice notes
Coronavirus (COVID-19): This Practice Note contains guidance impacted by the Scottish government’s response to the COVID-19 outbreak. For information...
Read More >
Produced in partnership with Craig Findlater of Black Chambers and Stephen O'Rourke QC of Terra Firma Chambers 9th Mar
Practice notes
Coronavirus (COVID-19): This Practice Note contains guidance impacted by the Scottish government’s response to the COVID-19 outbreak. For information...
Read More >
Produced in partnership with Craig Findlater of Black Chambers and Stephen O'Rourke QC of Terra Firma Chambers 9th Mar
Practice notes
This Practice Note provides a summary of key corporate manslaughter prosecutions and convictions under section 1 of the Corporate Manslaughter and...
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9th Mar
Practice notes
IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...
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Produced in partnership with Paul Marshall, Ramsay Hall and Lisa Kinroy of Brodies LLP 9th Mar
Practice notes
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...
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Produced in partnership with Kevin Henry of Optimum Advocates and Stephen O’Rourke QC of Terra Firma Chambers 9th Mar
Practice notes
Coronavirus (COVID-19): This Practice Note contains guidance on subjects impacted by the Coronavirus (Scotland) (No 2) Act 2020. Schedule 2 of this...
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Produced in partnership with Craig Kennedy of Dentons UK and Middle East LLP 9th Mar
Practice notes
Bribery Act 2010—territorial applicationThe Bribery Act 2010 (BA 2010) creates a choice of jurisdiction where part or parts of the offence occur in...
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Produced in partnership with Tom Stocker of Pinsent Masons 9th Mar
Practice notes
Coronavirus (COVID-19): This Practice Note contains guidance impacted by the Scottish government’s response to the COVID-19 outbreak. For information...
Read More >
Produced in partnership with Stephen O'Rourke QC of Terra Firma Chambers 9th Mar
Practice notes
IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...
Read More >
Produced in partnership with Paul Marshall, Ramsay Hall and Lisa Kinroy of Brodies LLP 9th Mar
Practice notes
Coronavirus (COVID-19): Note that updated arrangements are in place for reporting of deaths during the global coronavirus (COVID-19) pandemic. In May...
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Produced in partnership with Lindsay MacNeill of BTO Solicitors LLP 9th Mar
Practice notes
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...
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Produced in partnership with Kevin Henry of Optimum Advocates and Stephen O’Rourke QC of Terra Firma Chambers 9th Mar

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