This Practice Note is an introduction to the investigation and prosecution of criminal offences in Scotland. The procedure for the investigation and prosecution of crime...
Bribery Act 2010—territorial application The Bribery Act 2010 (BA 2010) creates a choice of jurisdiction where part or parts of the offence occur in part or parts of the...
Criminal fraud in Scotland How criminal fraud is defined, how it is investigated and how it is prosecuted (and who by) varies across the UK. In Scotland, the majority of...
This Practice Note provides a summary of key corporate manslaughter prosecutions and convictions under section 1 of the Corporate Manslaughter and Corporate Homicide Act...
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 to disclose...
This Practice Note explains the purpose and scope of Fatal Accident Inquiries (FAIs) in Scotland. For information about equivalent inquires in England and...
This Practice Note explains the purpose and scope of Fatal Accident Inquiries (FAIs) in Scotland. For information about equivalent inquiries in England and Wales into...
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 Fire Safety...
In the immediate aftermath of an incident, it is of paramount consideration to have an incident management team appointed and deployed. See Practice Notes Health and...
This Practice Note provides a summary of the prosecutions for health and safety offences brought by the Health and Safety Executive (HSE), the Office of Rail and Road...
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 safety law in Scotland....
Legal privilege in Scotland The courts in Scotland are careful to protect the important legal right of legal privilege which attaches to communications between a client...
This Practice Note explains the powers to search premises and property during a criminal investigation in Scotland. It also covers the scope for challenging search...
Police Scotland and the Crown Office and Procurator Fiscal Service Police Scotland (the Police) is Scotland's national police force, established in April 2013. Police...
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 Crown in terms of...
Reporting duties in Scotland under the Criminal Justice and Licensing (Scotland) Act 2010 Businesses and persons in Scotland are subject to some UK-wide reporting duties,...
Recovery orders This Practice Note outlines the Scottish procedure for obtaining a civil recovery order under the Proceeds of Crime Act 2002 (POCA 2002). For details on...
Introduction to Scottish confiscation law and procedure Confiscation refers to the process by which the accused’s financial benefit from crime is removed. The...
There are three types of suspects that may be questioned: • an individual not yet arrested, but in respect of whom, a police officer has reasonable grounds for suspecting...
Practitioners will be familiar with the concepts of ‘detention’ and ‘arrest’ under the Criminal Procedure (Scotland) Act 1995 (CP(S)A 1995). So far as relevant to this...
Bribery in Scotland Under the Bribery Act 2010 (BA 2010), Scottish businesses that commit bribery offences anywhere in the world and other businesses that commit bribery...
For information on the sentencing powers available to Scottish courts, see Practice Note: The jurisdiction and sentencing powers of Scottish criminal courts. For...
The offence specific sentencing guidelines for health and safety offences published by the Sentencing Council apply only to sentencing courts in England and Wales. While...
This Practice Note explains the solemn procedure in Scottish criminal proceedings. For an explanation of the criminal investigation and prosecution process in Scotland,...
This Practice Note explains summary procedure in Scottish Criminal proceedings and should be read in conjunction with the Scottish summary criminal procedure—flowchart....
This Practice Note provides an explanation of the powers of the Scottish criminal courts to sentence offenders following conviction. For an introduction to the structure...
