Recovery of evidence in Scottish criminal proceedings
Produced in partnership with Kevin Henry of Compass Chambers and Stephen O’Rourke QC of Terra Firma Chambers
Recovery of evidence in Scottish criminal proceedings

The following Corporate Crime practice note produced in partnership with Kevin Henry of Compass Chambers and Stephen O’Rourke QC of Terra Firma Chambers provides comprehensive and up to date legal information covering:

  • Recovery of evidence in Scottish criminal proceedings
  • Evidence held by the Crown
  • Commission and diligence
  • Scottish Criminal Cases Review Commission

Recovery of evidence in Scottish criminal proceedings

In the vast majority of Scottish criminal cases, the recovery of evidence by an accused’s representatives will be by means of disclosure made by the Crown in terms of their obligations under the Criminal Justice and Licensing (Scotland) Act 2010 (CJL(S)A 2010). For information relating to such evidence, see Practice Note: Disclosure of evidence in Scottish criminal proceedings.

There may however, be cases where information is required which is held by the Crown and not subject to their statutory disclosure obligations. There may also be cases in which information is required which is in the hands of a third party. This Practice Note explains how such evidence may be obtained.

Evidence held by the Crown

As stated above, in the vast majority of cases, the recovery of evidence held by the Crown is done so in terms of the Crown’s obligations contained in CJL(S)A 2010, Pt 6.

There may, however, be instances where the recovery of evidence is required and it does not come under the terms of CJL(S)A 2010.

The first such situation is where the Crown has included a document or item on the list of productions served with the indictment. Where that is the case, the accused is entitled to see the

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