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.
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.
The relationship between competition law and energy regulation is of considerable political and economic importance. This Practice Note outlines the energy regulatory framework and explores recent competition law developments in relation to the energy sector, including in relation to market definition, market investigations, merger investigations and antitrust investigations.
This Practice Note considers keep open clauses in commercial leases. It outlines what a keep open clause is and considers why parties may want a keep open clause in their lease; what points a solicitor should consider when drafting a keep open clause and remedies available to a landlord in the event of a tenant breach of the keep open clause. The Practice Note also briefly reviews the differing approach to enforcement of keep open clauses in Scotland and in England and finally looks at considerations of the Court during enforcement.
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.
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.
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.
This Practice Note explains the powers that the Scottish Environment Protection Agency (SEPA), Scotland’s principal environmental regulator, has to investigate and prosecute environmental crime in Scotland. It covers SEPA’s enforcement policy and guidance and provides an overview of its enforcement powers under the Environment Act 1995. The practice note also considers the statutory notices SEPA can issue for non-compliance or negative environmental impacts and enforcement measures available under the Regulatory Reform (Scotland) Act 2014 , including fixed monetary penalties, variable monetary penalties and enforcement undertakings. The note also looks at when compliance failure may result in prosecution and summarises the powers that can be used by SEPA’s officers when carrying out enforcement activity.
If you expected to see yourself on this page, click here.
0330 161 1234