The following Corporate Crime practice note Produced in partnership with Craig Findlater of Black Chambers and Stephen O'Rourke QC of Terra Firma Chambers provides comprehensive and up to date legal information covering:
Coronavirus (COVID-19): This Practice Note contains guidance impacted by the Scottish government’s response to the COVID-19 outbreak. For information on the impact of the COVID-19 pandemic on Scottish criminal procedure, see: Coronavirus (COVID-19)—Scotland tracker and News Analysis: Scottish Criminal Procedure and the Coronavirus (Scotland) Act 2020. For updates on key developments and related practical guidance on the implications for UK lawyers, see: Coronavirus (COVID-19) and the criminal justice system—overview and Coronavirus (COVID-19) toolkit.
This Practice Note explains the solemn procedure in Scottish criminal proceedings. For an explanation of the criminal investigation and prosecution process in Scotland, see Practice Note: An introduction to Scottish criminal procedure.
For information on the procedure to be followed during trials under the solemn procedure, see Practice Note: Trials under the Scottish solemn procedure and Scottish solemn criminal procedure—flowchart.
For an explanation of the summary procedure in Scotland, see Practice Notes: Summary procedure in Scottish criminal proceedings and Scottish solemn criminal procedure—flowchart.
Solemn procedure is regulated by the Criminal Procedure (Scotland) Act 1995 (CP(S)A 1995).
Proceedings begin when the Procurator Fiscal receives a report from the police or a non-police reporting agency. See Practice Note: An introduction to Scottish criminal procedure.
In the case of an individual, either the accused has been arrested by the police and held in custody to appear in court or an allegation has been
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The principle of transferred maliceIf a person has a malicious intent towards X and, in carrying out that intent, injures Y, he is guilty of an offence. So, if D shoots at A with intent to kill him but kills B by mistake it is murder; the mistake as to the identity of the victim is irrelevant as D
Express and implied contractual terms distinguishedContractual terms may be either express or implied:•express terms—are terms which are actually recorded in a written contract or openly expressed in an oral contract at the time the contract is made (or there may be a combination of written and oral
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Community order requirementsCommunity order requirements are set out in the Criminal Justice Act 2003 (CJA 2003), as amended by the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO 2012) and the Offender Rehabilitation Act 2014 (ORA 2014). Criminal Justice Act 2003, s 152(2)
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