Scottish health and safety enforcement

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Practice notes
Sentencing fraud offences committed by individualsThe Sentencing Council (SC) has produced sentencing guidelines for fraud offences under the Fraud...
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19th May
Practice notes
RobberyRobberyRobbery is a theft offence, involving dishonesty but elevated also by the intention to use force.Robbery can only be tried in the Crown...
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19th May
Practice notes
Violent disorderThe offence of violent disorderViolent disorder can be tried in the magistrates' court or the Crown Court. These offences will...
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19th May
Practice notes
Specific and basic intentSpecific intent—definitionOffences requiring specific intent are of two kinds:•where the mental element of the offence...
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19th May
Practice notes
Common law offence of kidnappingThe offence of kidnappingKidnapping is a common law offence and is triable only on indictment. It may be classified in...
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19th May
Practice notes
Criminal insider dealing (encouraging offence)—a quick guideThis Practice Note is concerned with one of the three criminal offences created under...
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19th May
Practice notes
Breach of a community orderThis Practice Note reflects the procedural code for sentencing offenders in England and Wales (Sentencing Code) that...
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19th May
Practice notes
ConspiracyThere are three main inchoate offences in English law: •conspiracy—where at least two people have agreed to commit a crime•attempt—where the...
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19th May
Practice notes
Possession of an offensive weaponThe offence of possession of an offensive weaponThe offence of having an offensive weapon in a public place can be...
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19th May
Practice notes
Admissibility of defendant's bad character in criminal proceedingsWhat is bad character?The Criminal Justice Act 2003 (CJA 2003) governs the...
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19th May
Practice notes
Assault on a police constable (assault PC)The offence of assault PC or assault on a person assisting a constableAssault on a constable (assault PC) or...
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19th May
Practice notes
Sexual offences prevention orders [Archived]ARCHIVED: This archived Practice Note is not being maintained. Repeal and transitional provisionsSexual...
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19th May
Practice notes
Possession of controlled drugsElements of the offence of possession of controlled drugsIt is an offence for a person to have a controlled drug in...
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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
Commencing criminal proceedings—applying for the issue of a summonsAll criminal cases begin in the magistrates' court however serious the offence....
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19th May
Practice notes
Application to dismissApplication to dismissUnder paragraph 2(1) of Schedule 3 to the Crime and Disorder Act 1998 (CDA 1998), the defendant may (after...
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19th May

Most recent Scottish health and safety enforcement content

Practice notes
Health and safety fines over £1 million—trackerThis Practice Note provides a summary of the prosecutions for health and safety offences brought by the...
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5th Jun
Practice notes
Health and safety crisis management—a UK practical guideIn the immediate aftermath of an incident, it is of paramount consideration to have an...
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Produced in partnership with Lindsay MacNeill of BTO Solicitors LLP 5th Jun
Practice notes
Sentencing health and safety cases in ScotlandThe offence specific sentencing guidelines for health and safety offences published by the Sentencing...
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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
Health and safety investigations in ScotlandThe Health and Safety Executive (HSE), established by the Health and Safety at Work etc Act 1974 (HSWA...
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5th Jun
Practice notes
Fatal Accident Inquiries (FAIs) in ScotlandCoronavirus (COVID-19): Note that updated arrangements are in place for reporting of deaths during the...
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Produced in partnership with Lindsay MacNeill of BTO Solicitors LLP 5th Jun
Practice notes
Prosecution process for health and safety cases in ScotlandPolice Scotland and the Crown Office and Procurator Fiscal ServicePolice Scotland (the...
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Produced in partnership with Charlotte O'Kane of Pinsent Masons 5th Jun
Practice notes
Fire safety law and offences in ScotlandThe fire safety regime in Scotland for non-domestic premises is contained primarily within Part 3 of the Fire...
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Produced in partnership with Lindsay MacNeill of BTO Solicitors LLP 5th Jun
Practice notes
Corporate manslaughter—prosecutions trackerThis Practice Note provides a summary of key corporate manslaughter prosecutions and convictions under...
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5th Jun

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