Paul Marshall#2901

Paul Marshall

Partner, Brodies LLP
Paul is a Partner with Brodies LLP where he leads the Corporate Crime and Investigations practice. The practice is the first port of call for responsible clients operating in high risk sectors in Scotland and internationally. Paul has 15 years' experience advising on financial and corporate crime investigations in Scotland, elsewhere in the UK and overseas. He is highly regarded in the Scottish market, in London, and by international clients. He is recognised as an expert on matters of fraud, bribery and corruption in Scotland. Paul is recognised internationally for his work in this area. He regularly speaks to UK and international audiences on the approach of the UK financial crime regulators to self-reporting of fraud, bribery and corruption. He is widely published in this field. Regulators also recognise Paul's expertise. He is instructed both by clients facing financial crime allegations and by regulators responsible for investigating financial crime in Scotland. Paul is retained by the Law Society of Scotland as a fiscal responsible for prosecuting lawyers for financial and other misconduct. He has developed a substantial practice advising responsible businesses on the fraud, bribery and corruption risks that they face in their international supply chains.
Contributed to

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Comparison of criminal fraud in Scotland with England and Wales
Comparison of criminal fraud in Scotland with England and Wales
Practice notes

This Practice Note explains how criminal fraud is defined, investigated and prosecuted in Scotland, with some comparisons of the equivalent position in England and Wales. The principal differences are that the Fraud Act 2006 does not apply in Scotland; that in Scotland criminal fraud is predominantly a common law offence; that in Scotland only the Crown Office and Procurator Fiscal Service can bring criminal prosecutions (and not the Serious Fraud Office (SFO)), and differences as to evidential requirements.

Powers to search premises and property in Scottish criminal investigations
Powers to search premises and property in Scottish criminal investigations
Practice notes

This Practice Note explains the different powers of search available to authorities conducting criminal investigations in Scotland. It focuses on the search in respect of premises and property as opposed to the search of the person. It explains the circumstances in which powers to search premises and property in Scotland can take place including search under the terms of an arrest warrant, search by consent, search where urgency dictates and search under the authority of a search warrant. It also covers the scope for challenging search warrants in Scottish criminal investigations.

Scottish criminal investigations—questioning suspects
Scottish criminal investigations—questioning suspects
Practice notes

This Practice Note covers the questioning of suspects in criminal investigations in Scotland. It explains the rights afforded to suspects during questioning, the impact of Cadder v HM Advocate on those rights, the application of those rights prior to and during police interviews, the role of solicitors prior to and during police questioning, the manner and conduct of police questioning, interviewing corporate organisations, tape recording interviews and the interpretation and translation rights afforded to suspects.

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

This Practice Note explains the arrest of suspects in criminal investigations in Scotland. In particular, it focuses on the basis for arrest, the rights of arrested persons, police powers on arrest, the power of Scottish officers to detain suspects in England, Wales or Northern Ireland, relevant custody time limits and release of suspects and officially accused persons from police custody.

Other work

Comparison between the Scottish self-reporting regime and Deferred Prosecution Agreements used in the rest of the UK—checklist
Comparison between the Scottish self-reporting regime and Deferred Prosecution Agreements used in the rest of the UK—checklist

This Checklist examines the key differences between the self-reporting initiative operated by the Crown Office and Procurator Fiscal Services in Scotland and the deferred prosecution agreement regime now operating in the rest of the UK. It briefly introduces the two regimes and covers the scope of offending behaviour under the two regimes, along with the differences in terms of judicial involvement, potential criminal consequences, the terms of the financial settlement, the speed and certainty of the arrangements and the different regulators’ approaches to engagement.

Practice Area

Panel

  • Scottish Panel

Qualified Year

  • 2003

Membership

  • Law Society of Scotland
  • Association of Regulatory & Disciplinary Lawyers
  • American Bar Association

Qualification

  • LLB (Hons)

Education

  • University of Glasgow, LLB (Hons), Glasgow Graduate School of Law, Diploma of Legal Practice

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