Scottish criminal investigations

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Practice notes
Allocation and sending—either-way offences not sent forthwith to the Crown Court for trialProcedure for either-way offences not sent forthwith to the...
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19th May
Practice notes
Breach of bankruptcy restriction orderBankruptcy restrictionsFollowing an order for bankruptcy, the bankrupt person is prohibited form a number...
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19th May
Practice notes
The FCA and financial crimeThe Financial Services Act 2012 (FSA 2012) significantly altered the regulatory landscape for financial services in the UK...
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19th May
Practice notes
Handling stolen goodsThe ‘handling’ offenceHandling stolen goods is an offence that is triable either way.The elements of the offence are:•dishonestly...
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19th May
Practice notes
Exclusion of unfair evidence in criminal proceedingsThe test for exclusion under PACE 1984, s 78An accused has no entitlement to have evidence...
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Produced in partnership with Hannah Thomas of 2 Hare Court 19th May
Practice notes
Production orders under the Proceeds of Crime Act 2002Production ordersThe purpose of a production order is to obtain material relating to a known...
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19th May
Practice notes
Vicarious liabilityWhat is vicarious liability?The general principle in criminal law is liability is personal not vicarious. This means that one...
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19th May
Practice notes
PerjuryPerjury in judicial proceedings The offence of perjury is triable only on indictment and carries a maximum penalty of seven years and/or a...
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Produced in partnership with Thomas Evans of 3 Paper Buildings 19th May
Practice notes
Witness intimidationIntimidation of witnesses and jurorsIntimidation of witnesses and/or jurors is an offence under section 51 of the Criminal Justice...
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Produced in partnership with Thomas Evans of 3 Paper Buildings 19th May
Practice notes
Police BailPolicing And Crime Act 2017 amendments to police bailSome of the most important changes brought about by the Policing and Crime Act 2017...
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19th May
Practice notes
Football banning ordersSTOP PRESS: All offenders convicted on or after 1 December 2020 must be sentenced under the provisions of the Sentencing Code,...
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19th May
Practice notes
Driving offences and police powersPolice powers and preliminary testsUnder the Road Traffic Act 1988 (RTA 1988) there are three types of preliminary...
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Produced in partnership with Red Lion Chambers 19th May
Practice notes
Seizure and retention of propertyLawful authority to seize and retain property (subject to legal professional privilege) following a search of...
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19th May
Practice notes
Indications on sentenceJudicial independence is fundamental to the rule of law. The integrity of the criminal justice system depends on a fair and...
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19th May
Practice notes
Excluding evidence of bad characterExcluding evidence of the defendant's 'bad character' under CJA 2003, s 101(3)Where evidence of a defendant's bad...
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Produced in partnership with Hannah Thomas of 2 Hare Court 19th May
Practice notes
Disclosure of evidence in Scottish criminal proceedingsCoronavirus (COVID-19): Scottish criminal procedure has been impacted by the COVID-19 pandemic....
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Produced in partnership with Kevin Henry of Optimum Advocates and Stephen O’Rourke QC of Terra Firma Chambers 19th May

Most recent Scottish criminal investigations content

Practice notes
Coronavirus (COVID-19)—Scotland trackerThis table below contains an archive of news analysis on Scotland and Scots law developments of general...
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6th Jun
Q&As
Can private prosecutions be brought in Scotland?Historically, the power of prosecution rested originally neither with the private party, nor the...
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5th Jun
Practice notes
Scottish criminal investigations—the arrest and holding of suspects in police custodyIP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end...
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5th Jun
Practice notes
Legal professional privilege in Scottish criminal proceedingsIP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit...
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5th Jun
Practice notes
Scottish criminal investigations—questioning suspectsIP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit...
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Produced in partnership with Paul Marshall of Brodies LLP 5th Jun
Practice notes
Powers to search premises and property in Scottish criminal investigationsThis Practice Note explains the powers to search premises and property...
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Produced in partnership with Paul Marshall of Brodies LLP 5th Jun

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