The following Corporate Crime guidance note Produced in partnership with Paul Marshall, Ramsay Hall and Lisa Kinroy of Brodies LLP provides comprehensive and up to date legal information covering:
Practitioners will be familiar with the concepts of ‘detention’ and ‘arrest’ under the Criminal Procedure (Scotland) Act 1995 (CP(S)A 1995). So far as relevant to this Practice Note, the relevant provisions of CP(S)A 1995, including the provisions as regards police questioning and access to a solicitor, were repealed under the Criminal Justice (Scotland) Act 2016 (CJ(S)A 2016). It replaced the concept of ‘detention and arrest’ with a unitary concept of ‘arrest’ and makes provisions for police custody, the rights of arrested persons, police powers, police questioning, and release from police custody. It also introduces a new status of ‘officially accused’ persons.
CJ(S)A 2016, s 1 gives police constables the power to arrest, without a warrant, a person suspected of having committed, or committing, an offence in Scotland. The legal basis for arrest, the relevant procedural issues, the rights afforded to arrested persons and the duties imposed on, and powers exercisable by police constables are set out below.
Two points are worth making at the outset as being particularly relevant to corporate crime investigations:
other regulatory authorities have powers of arrest. Those powers are set out in the statutes which relate specifically to those regulators. See below: Detention by other authorities
Police Scotland may conduct an investigation in combination with another regulatory authority (for example, HMRC, Scottish Environment Protection Agency (SEPA) or Health and
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