Paul Marshall

This Practice Note explains how criminal fraud is defined, investigated and prosecuted in Scotland, with some comparisons of the equivalent position in England and Wales. The principal differences are that the Fraud Act 2006 does not apply in Scotland; that in Scotland criminal fraud is predominantly a common law offence; that in Scotland only the Crown Office and Procurator Fiscal Service can bring criminal prosecutions (and not the Serious Fraud Office (SFO)), and differences as to evidential requirements.

This Practice Note explains the purpose and scope of Fatal Accident Inquiries (FAIs) into sudden, suspicious, accidental and unexplained deaths in Scotland under the Inquiries into Fatal Accidents and Sudden Deaths etc (Scotland) Act 2016 (IFASD(S)A 2016). An FAI is a type of court hearing which publicly examines the circumstances of a death in Scotland. It is presided over by a sheriff and will normally be held in a sheriff court. The Practice Note explains the role of the Crown Office and Procurator Fiscal Service (COPFS) and Police Scotland in investigating work related deaths, the Scottish Fatalities Investigations Unit, what is meant by a ‘reportable death’, mandatory and discretionary fatal accident inquiries, the main features of an FAI, the scope and limitations of an FAI and practical considerations for practitioners representing clients at FAIs. In England and Wales, such investigations into unexplained deaths are conducted by coroners during inquests.

This Practice Note explains the different powers of search available to authorities conducting criminal investigations in Scotland. It focuses on the search in respect of premises and property as opposed to the search of the person. It explains the circumstances in which powers to search premises and property in Scotland can take place including search under the terms of an arrest warrant, search by consent, search where urgency dictates and search under the authority of a search warrant. It also covers the scope for challenging search warrants in Scottish criminal investigations.

This Practice Note explains the arrest of suspects in criminal investigations in Scotland. In particular, it focuses on the basis for arrest, the rights of arrested persons, police powers on arrest, the power of Scottish officers to detain suspects in England, Wales or Northern Ireland, relevant custody time limits and release of suspects and officially accused persons from police custody.