The Faculty of Advocates

This Practice Note provides guidance on how evidence of statements made by an accused is treated in Scottish criminal proceedings, looking at the admissibility and probative value of such statements. It covers statements made by the accused while giving evidence as a witness in other proceedings; extra-judicial statements of a co-accused; and implied admissions (accused’s reaction to an incriminatory statement by another person). It then considers the admissibility of answers by the accused to police questioning at three different stages: preliminary investigation; after the accused becomes a suspect (exploring the position under common law, ECHR rights and in terms of section 32 of the Criminal Justice (Scotland) Act); and after arrest and charge. It then looks at evidence from a witness of an admission or confession by the accused; mixed statements (part exculpatory and part incriminatory); and special knowledge confessions.

This Practice Note, produced in partnership with Eileen Maclean of Insolvency Support Services Limited and updated by Sheana Campbell, Devil, The Faculty of Advocates, considers the statutory framework ‘of accounting periods and approval of remuneration in liquidation, administration, CVA’s and receivership in Scotland.

This Practice Note, produced in partnership with James Lloyd of Harper MacLeod LLP and updated by Sheana Campbell, Devil, The Faculty of Advocates, looks at the role of the Accountant in Bankruptcy (AiB) in Scotland. It considers the role, functions and responsibilities of the AiB.