Legal professional privilege in Scottish criminal proceedings
Produced in partnership with Lindsay MacNeill of BTO Solicitors LLP
Legal professional privilege in Scottish criminal proceedings

The following Corporate Crime practice note produced in partnership with Lindsay MacNeill of BTO Solicitors LLP provides comprehensive and up to date legal information covering:

  • Legal professional privilege in Scottish criminal proceedings
  • Legal privilege in Scotland
  • Legal professional privilege
  • Without prejudice privilege
  • Common interest privilege
  • Legal professional privilege in the context of criminal investigations in Scotland
  • Practical considerations

Legal professional privilege in Scottish criminal proceedings

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU. At this point in time (referred to in UK law as ‘IP completion day’), key transitional arrangements come to an end and significant changes begin to take effect across the UK’s legal regime. This document contains guidance on subjects impacted by these changes. Before continuing your research, see Practice Note: What does IP completion day mean for corporate crime?

Legal privilege in Scotland

The courts in Scotland are careful to protect the important legal right of legal privilege which attaches to communications between a client and their solicitor. This Practice Note provides guidance on the principles of legal professional privilege as they apply in criminal investigations and prosecutions in Scotland. As the issue tends to arise more frequently south of the border, many of the leadings cases are opinions from the jurisdiction of England and Wales.

The principle of privilege is not identical under English and Scots law. In Scotland, privilege is often referred to as 'confidentiality', a term which has slightly different connotations in English law. Scots law, historically on this subject, was more akin to continental law which uses the concept of 'professional secrets' rather than 'privilege'. The main principles and categories of

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