Corporate Crime in Scotland

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Practice notes
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....
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9th Nov
Practice notes
This Practice Note explains the main fitness to practise hearing before the Health and Care Professions Tribunal (HCPT). It deals with preparation for...
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Produced in partnership with Paul Renteurs of 2 Hare Court 9th Nov
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 9th Nov
Practice notes
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,...
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Produced in partnership with Red Lion Chambers 9th Nov
Practice notes
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...
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9th Nov
Practice notes
Possessing extreme pornographySimple possession of extreme pornography is an offence under section 63 of the Criminal Justice and Immigration Act 2008...
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9th Nov
Practice notes
Coronavirus (COVID-19): This Practice Note contains guidance impacted by the Coronavirus Act 2020 (CA 2020). CA 2020, among other measures, makes...
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Produced in partnership with Leon Kazakos QC of 2 Hare Court 9th Nov
Practice notes
Specific intent—definitionOffences requiring specific intent are of two kinds:•where the mental element of the offence requires a purposive intent...
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9th Nov
Practice notes
Any informal request or formal application for the return of property seized by an investigating authority during a criminal investigation will depend...
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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
Searches of premises during criminal investigations may be conducted on the authority of a warrant issued by a court, or without warrant under a...
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9th Nov
Practice notes
Offence of cheating the public revenueThe offence of cheating the public revenue is a common law offence triable only on indictment. This means that,...
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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 9th Nov
Practice notes
The ‘handling’ offenceHandling stolen goods is an offence that is triable either way.The elements of the offence are:•dishonestly receiving the goods,...
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9th Nov
Practice notes
Coronavirus (COVID-19): This Practice Note contains guidance impacted by the coronavirus pandemic. The Coronavirus Act 2020 (CA 2020) among other...
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9th Nov

Most recent Corporate Crime in Scotland content

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 27th Nov
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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26th Nov
Practice notes
Recovery ordersThis Practice Note outlines the Scottish procedure for obtaining a civil recovery order under the Proceeds of Crime Act 2002 (POCA...
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Produced in partnership with Craig Kennedy of Dentons UK and Middle East LLP 26th Nov
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 22nd Oct
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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20th Oct
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 20th Oct
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 16th Oct
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 16th Oct
Practice notes
Police Scotland and the Crown Office and Procurator Fiscal ServicePolice Scotland (the Police) is Scotland's national police force, established in...
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Produced in partnership with Charolotte O'Kane of Pinsent Masons LLP 16th Oct
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 14th Oct
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 14th Oct
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 Kevin Henry of Optimum Advocates and Stephen O’Rourke QC of Terra Firma Chambers 14th Oct
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 14th Oct
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 14th Oct
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 14th Oct
Practice notes
For information on the sentencing powers available to Scottish courts, see Practice Note: The jurisdiction and sentencing powers of Scottish criminal...
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Produced in partnership with Craig Findlater of Black Chambers and Stephen O'Rourke QC of Terra Firma Chambers 13th Oct
Practice notes
Legal privilege in ScotlandThe courts in Scotland are careful to protect the important legal right of legal privilege which attaches to communications...
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26th Sep
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 Stephen O'Rourke QC of Terra Firma Chambers 26th Sep
Practice notes
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...
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26th Sep
Practice notes
Reporting duties in Scotland under the Criminal Justice and Licensing (Scotland) Act 2010Businesses and persons in Scotland are subject to some...
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Produced in partnership with Tom Stocker of Pinsent Masons 25th Sep

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