Scottish criminal investigations—questioning suspects
Produced in partnership with Paul Marshall of Brodies LLP

The following Corporate Crime practice note produced in partnership with Paul Marshall of Brodies LLP provides comprehensive and up to date legal information covering:

  • Scottish criminal investigations—questioning suspects
  • Powers to question different types of suspect
  • Section 13 powers
  • Suspects in police custody
  • Rights afforded to a suspect prior to a police interview
  • Role of the solicitor pre-interview
  • Rights during the interview
  • Manner of questioning
  • Interviewing corporate organisations
  • Tape recording
  • More...

Scottish criminal investigations—questioning suspects

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?

There are three types of suspects that may be questioned:

  1. an individual not yet arrested, but in respect of whom, a police officer has reasonable grounds for suspecting has committed, or is committing, an offence. A police constable has powers to ask certain questions of that individual

  2. suspects in police custody. The rights afforded to persons questioned in police custody are contained in the Criminal Justice (Scotland) Act 2016 (CJ(S)A 2016)

  3. an individual attending a police station or other premises voluntarily for the purpose of being questioned as a suspect. Where Police Scotland, or a regulatory authority with powers to question, consider that a corporate crime offence has been, or is being committed, they will often ask an individual to attend to be questioned as a suspect on a voluntary basis

Powers to question different types of suspect

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