Tom Stocker
Tom is a partner in Pinsent Masons' corporate crime and investigations team and he leads the firm's offering in Scotland. He is an expert in bribery, fraud, money laundering, modern slavery and international trade sanctions. Tom is ranked in band 1 for corporate crime, fraud and investigations by both Legal 500 and Chambers & Partners.
Practice Area
Panel
- Scottish Panel
Qualified Year
- 1999
Membership
- Law Society of Scotland; Law Society of England & Wales
Education
- University of Aberdeen (LLB Hons)
3 Contributions by Tom Stocker
PRACTICE NOTES
Bribery Act 2010: Territorial Application, Concurrent Jurisdiction and SFO–COPFS Primacy (including Corporate Self‑Reporting) between Scotland and the Rest of the UK
Bribery Act 2010—territorial application
The Bribery Act 2010 (BA 2010) permits a selection of forum where elements of an offence arise within one or more parts of the UK and/or where the unlawful conduct occurs outside the UK, although in some instances this hinges on a close UK nexus. For further detail, see Practice Note: Jurisdiction in respect of allegations of bribery. In outline, the territorial reach for prosecuting offences is defined by BA 2010, s 12.
Alleged offences under BA 2010, ss 1, 2 and 6 are to be tried in England and Wales, Scotland, or Northern Ireland, according to whether any act or omission constituting a component of the offence takes place in that jurisdiction (BA 2010, s 12(1)). Where the bribery happens overseas and no act or omission occurs within the UK, but the individual who performed the bribe is subject to BA 2010, proceedings may nonetheless be commenced at any location within the UK...
Corporate Crime
PRACTICE NOTES
Corporate self-reporting of economic crime in Scotland: updated COPFS policy (from 1 September 2025), offences, procedure, evaluation, CRU civil settlements and cross-border liaison
This Practice Note outlines the operation of Scotland’s self-reporting framework for specified economic crime offences. For information on the Scottish law enforcement bodies and prosecutors dealing with economic and financial crime, see Practice Note: The investigation and prosecution of financial crime in Scotland. For guidance on sentencing in Scotland, see Practice Notes: The jurisdiction and sentencing powers of Scottish criminal courts and Sentencing corporate criminal offences in Scotland.
Self-reporting bribery in Scotland
From 1 July 2011, the Crown Office and Procurator Fiscal Service (COPFS) has allowed companies to disclose bribery offences to COPFS with a view to discussing a civil settlement as an alternative to prosecution. For the territorial scope of prosecutions under BA 2010, see Practice Note: Bribery Act 2010—jurisdictional issues between Scotland and the rest of the UK. COPFS generally publishes details of concluded civil settlements. Media statements summarising completed corporate self-reports and civil settlements include:
Abbot Group Limited—£5.6m settlement
International Tubular Services Limited—£170,000
Brand-Rex Limited—£212,800 settlement
Thomas Gunn Navigation Systems Ltd—£138,000 settlement
B Limited—£2.2m settlement
John Wood Group PLC—£6.46m settlement
New...
Corporate Crime
PRACTICE NOTES
Scotland: Reporting Duties for Serious Organised Crime under the Criminal Justice and Licensing (Scotland) Act 2010—Predicate Offences, Privilege, Reasonable Excuse and Reporting to Police Scotland
In Scotland, organisations and individuals must comply with certain UK-wide reporting obligations, including those in section 330 of the Proceeds of Crime Act 2002 (POCA 2002). For further detail, see Practice Notes: Money laundering offences under the Proceeds of Crime Act 2002—The principal money laundering offences and Authorised disclosure, protected disclosure and appropriate consent. This Practice Note addresses the distinct Scottish reporting obligations created by the Criminal Justice and Licensing (Scotland) Act 2010 (CJL(S)A 2010), namely the obligation to report particular predicate offences under that act.
Predicate offences
The duty outlined below (see Failure to report certain offences) is triggered where there is knowledge or suspicion of offences contrary to CJL(S)A 2010, ss 28, 29, 30.
Under CJL(S)A 2010, s 28, a person commits an offence by agreeing with at least one other to act together for the principal purpose of committing, or conspiring to commit, an indictable offence that is:
committed with the intention of securing a material benefit for any person; or
an act of violence, or a threat, made with the intention of obtaining such a benefit in the future (described as a ‘serious offence’)
Accordingly, CJL(S)A 2010, s 28 applies...
Corporate Crime
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