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Corporate Crime in Scotland

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Latest Corporate Crime News

Not-for-profit organisation’s health and safety fine reduced (R v Places For People Homes)

Not-for-profit organisation’s health and safety fine reduced (R v Places For People Homes)

The following Corporate Crime news provides comprehensive and up to date legal information on Not-for-profit organisation’s health and safety fine reduced (R v Places For People Homes)

Power of Crown Court judges to deal with flawed committals (R v Gould)

Power of Crown Court judges to deal with flawed committals (R v Gould)

The following Corporate Crime news provides comprehensive and up to date legal information on Power of Crown Court judges to deal with flawed committals (R v Gould)

Corporate Crime weekly highlights—8 April 2021

Corporate Crime weekly highlights—8 April 2021

The following Corporate Crime news provides comprehensive and up to date legal information on Corporate Crime weekly highlights—8 April 2021

Ringing the changes with the CPS’s Economic Crime Strategy 2025

Ringing the changes with the CPS’s Economic Crime Strategy 2025

The following Corporate Crime news provides comprehensive and up to date legal information on Ringing the changes with the CPS’s Economic Crime Strategy 2025

Featured Corporate Crime content

Wounding or causing grievous bodily harm with intent

Wounding or causing grievous bodily harm with intent

The offence of causing grievous bodily harm with intentWounding or causing grievous bodily harm (GBH) with intent is triable only in the Crown Court...

Written basis of plea and Newton hearings

Written basis of plea and Newton hearings

When defendants are guilty, they have a choice to plead guilty or to put the prosecution to proof. When they plead guilty they may benefit from a...

Causation and intervening acts in criminal cases

Causation and intervening acts in criminal cases

Criminal offences are generally divided into two categories: •conduct crimes, and •result crimesA conduct crime is a crime where only the forbidden...

Assault occasioning actual bodily harm

Assault occasioning actual bodily harm

The offence of actual bodily harmThe offence of assault occasioning actual bodily harm (ABH) can be tried in either the magistrates' court or the...

Practice notes

Entrapment

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
tag iconIn-house
Practice notes

Trials under the Scottish solemn procedure

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
tag iconScottish Law
Practice notes

Production orders under the Proceeds of Crime Act 2002

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

Failing to surrender, absconding and breach of bail conditions

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

Food hygiene remedial action and detention notices

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
tag iconScottish Law
Practice notes

Forfeiture

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

Stages of a summary trial

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
tag iconIn-house
Practice notes

Creating or providing false documents or information

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

Hygiene improvement notices under reg 6 of the Food Safety and Hygiene (England) Regulations 2013

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

Appeal by way of case stated

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 dishonestly under the Fraud Act 2006

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

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

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

Local authorities—powers to investigate environmental crime

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 the owner's consent (TWOC)

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

The statutory exceptions to the rule against hearsay in criminal proceedings

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

Coronavirus (COVID-19)—Scotland tracker

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
tag iconScottish Law tag iconCOVID-19
Practice notes

Health and safety crisis management—a UK practical guide

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

Health and safety fines over £1 million—tracker

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

Sentencing health and safety cases in Scotland

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
tag iconScottish Law
Practice notes

Self-reporting bribery in Scotland

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
tag iconScottish Law
Practice notes

Fire safety law and offences in Scotland

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
tag iconScottish Law
Practice notes

Legal professional privilege in Scottish criminal proceedings

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
tag iconScottish Law
Practice notes

Health and safety investigations in Scotland

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
tag iconScottish Law
Practice notes

The jurisdiction and sentencing powers of Scottish criminal courts

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
tag iconScottish Law
Practice notes

Trials under the Scottish solemn procedure

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
tag iconScottish Law
Practice notes

Solemn procedure in Scottish criminal proceedings

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
tag iconScottish Law
Practice notes

Corporate manslaughter—prosecutions tracker

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

Scottish criminal investigations—the arrest and holding of suspects in police custody

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
tag iconScottish Law
Practice notes

Disclosure of evidence in Scottish criminal proceedings

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
tag iconScottish Law
Practice notes

Scottish confiscation—process and procedure

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
tag iconScottish Law
Practice notes

Bribery Act 2010—jurisdictional issues between Scotland and the rest of the UK

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
tag iconScottish Law
Practice notes

An introduction to Scottish criminal procedure

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
tag iconScottish Law
Practice notes

Scottish criminal investigations—questioning suspects

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
tag iconScottish Law
Practice notes

Fatal Accident Inquiries (FAIs) in Scotland

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
tag iconScottish Law
Practice notes

Recovery of evidence in Scottish criminal proceedings

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
tag iconScottish Law

Popular documents

LEXISNEXIS

Common financial covenants

This Practice Note explains certain common financial covenants used in commercial finance transactions including:•minimum net worth test•gearing ratio•leverage ratio (or debt to equity ratio)•current ratio (or acid test ratio)•cashflow ratio•interest cover ratio, and•loan to value ratioIt explains:

LEXISNEXIS

Title guarantee and covenants for title

On the disposition of a property (whether by way of conveyance, transfer or charge), the party making the disposition will normally provide a title guarantee which implies standard form covenants for title. A landlord may give a title guarantee when granting a lease, but this is rare in practice.

LEXISNEXIS

Strike out—no reasonable grounds for bringing or defending the claim (CPR 3.4(2)(a))

Coronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be affected by measures concerning process and procedure in the civil courts that have been introduced as a result of the coronavirus (COVID-19) pandemic. For guidance, see Practice Note: Coronavirus

LEXISNEXIS

Burden and standard of proof in criminal proceedings

There are two kinds of burden:•the legal burden, and•the evidential burdenThe legal burdenA party has the legal (sometimes called ‘the persuasive’) burden where the onus is on that party to prove a fact or issue in a case to the required standard of proof.The legal burden is generally on the