Wendy Culross
Since calling to the Scottish bar in 2013 Wendy has been involved in a number of large and complex trials. She has a particular interest in Health and Safety cases following an involvement in a number of such cases while a procurator fiscal depute and deals with breaches following HSE investigations, as well as technical breaches of regulations, and cases arising from Local Authority and police investigations.
Wendy represents clients at all levels of criminal case, including enjoying a busy appellate practice. She deals with criminal trials and appeals; as well as frequently representing clients in debates on preliminary issues and pleas in bar of trial. Wendy’s technical knowledge is renowned, and she is often approached for her expertise in complex and unusual issues, given her ability to analyse cases forensically and engage with innovative solutions.
Wendy has been at the forefront of the clarification and development of the law in Scotland, dealing with a number of cases where previously unexplored issues have been considered by the appeal court, often appearing as leading junior in high profile cases.
Wendy has a keen interest in developing her knowledge, and has engaged in a number of postgraduate certificates to ensure her knowledge and experience remains current. She was the coordinator for the Faculty of Advocates Criminal Bar Association CPD programme for four years on a voluntary basis in pursuance of the development of cutting edge CPD. She is a devil master with the Faculty of Advocates and an Instructor on the Devils Training Programme with the Faculty.
Wendy is a legal member of the Parole Board for Scotland, and represents the GMC in disciplinary proceedings.
Practice Area
Panel
- Scottish Panel
Qualified Year
- 2006, year of call 2013
Experience
- Faculty of Advocates (2013 - Present)
- Parole Board for Scotland (2018 - Present)
- Crown Office and Procurator Fiscal Service (2004 - 2012)
Membership
- Faculty of Advocates Criminal Bar Association
- Church Court Chambers, London, associate tenancy
Qualifications
- MA (Hons) (1992)
- LLB with merit (2003)
- Dip Lp (2004)
- Certificate in Regulatory Law and Practice (2018)
- Certificate in Children and Young People in Conflict with the Law (Ongoing )
Education
- Heriot-Watt University (1997-2001)
- Glasgow University (2001-2003)
- Glasgow Graduate School of Law (2003-2004)
- Aberdeen University (2017-2018)
- Strathclyde University (2022)
11 Contributions by Wendy Culross
PRACTICE NOTES
Evidence on commission in Scottish criminal proceedings: vulnerable witness eligibility, notices/applications, procedure, ground rules hearings and post-commission issues (Practice Note No 1 of 2024)
STOP PRESS: this Practice Note is being updated to take account of Criminal Courts Practice Note No. 1 of 2026: Taking of Evidence of a Vulnerable Witness by a Commissioner in the Sheriff Court
This Practice Note outlines the procedure for taking evidence on commission in criminal proceedings in Scotland. Commissioners are designated by the Scottish criminal courts to obtain testimony from vulnerable witnesses as a special measure.
What is meant by taking evidence by a commissioner
Taking evidence by a commissioner is a special measure that enables a vulnerable witness to give their testimony before the trial at a commission hearing. The core aim is to support the witness to provide their best evidence. When first introduced, these provisions constituted a major shift in Scottish criminal procedure. They are now routinely employed in High Court sexual offence cases—particularly where the case involves children or witnesses with additional vulnerabilities. In such matters, this is considered the preferred approach, and most now include evidence taken on commission. The court appoints a commissioner to receive the testimony. The witness’s evidence is recorded on video...
Corporate Crime
PRACTICE NOTES
Scotland: investigation and prosecution of crime—agencies, COPFS decision-making, summary and solemn procedure, 2025 court modernisation and 2026 abolition of the not proven verdict
This Practice Note provides an overview of the investigation and prosecution of criminal offences in Scotland
Related practice notes you may find useful include:
The investigation and prosecution of financial crime in Scotland—outlines the principal law enforcement and prosecutorial bodies engaged in this sphere and considers how they work together and with equivalent organisations operating elsewhere in the UK
Prosecution process for health and safety cases in Scotland—offers guidance on investigations into health and safety incidents in Scotland and the procedural steps for prosecuting such offences
Comparison of criminal fraud in Scotland with England and Wales—provides guidance on the investigation and prosecution of criminal fraud
The system for investigating and prosecuting crime in Scotland is presently governed by the common law and by statute. The Criminal Procedure (Scotland) Act 1995 (CP(S)A 1995) sets out the rules directing how criminal cases progress through the Scottish courts. Under CP(S)A 1995, there are two distinct first‑instance routes for prosecuting crime: solemn procedure and summary procedure. Each route has its own framework and rules, though there are points of overlap and interaction in practice across the courts...
Corporate Crime
PRACTICE NOTES
Scottish solemn criminal appeals: routes and procedure including s 74 pre‑trial challenges, conviction and sentence appeals, compatibility issues, bills of advocation/suspension, nobile officium, SCCRC, and 2025 reforms
This Practice Note outlines how appeals operate in Scotland for solemn criminal matters. For guidance on appeal processes in Scotland for summary crime, consult Practice Note: Scottish criminal appeals: summary procedure. For Scottish solemn criminal procedure, see Practice Note: Solemn procedure in Scottish criminal proceedings. More generally, refer to Practice Note: The investigation and prosecution of criminal offences in Scotland.
Update effective 1 December 2025: modernisation of criminal court procedure
A number of enduring reforms were enacted by the Criminal Justice Modernisation and Abusive Domestic Behaviour Reviews (Scotland) Act 2025. These changes supersede earlier temporary measures introduced during the COVID‑19 pandemic. Practitioners should read every procedural reference in this Practice Note having regard to these statutory amendments.
Electronic signatures and document transmission
Pursuant to CP(S)A 1995, ss 303C–303F, documents within criminal proceedings may bear electronic signatures and be sent electronically to an accused or their legal representative, subject to the conditions set out in those provisions.
Virtual attendance at hearings
The court may dispense with physical presence at evidential hearings and require participation by electronic means, provided this would not undermine the fairness of the proceedings or conflict with the interests of justice (CP(S)A 1995, s...
Corporate Crime
PRACTICE NOTES
Scottish summary criminal appeals: procedures for preliminary objections, stated cases, bills of advocation/suspension, sentence appeals, compatibility issues, Sheriff Appeal Court, High Court of Justiciary, SCCRC, and 2025 reforms
This Practice Note outlines how appeal processes operate within Scottish summary criminal matters. For guidance on appeals in solemn cases in Scotland, consult Practice Note: Scottish criminal appeals—solemn procedure. For fuller direction on the Scottish summary process, see Practice Note: Summary procedure in Scottish criminal proceedings. More broadly, see Practice Note: The investigation and prosecution of criminal offences in Scotland.
Update effective 1 December 2025: modernisation of criminal court procedure
Several enduring lasting changes have been enacted by the Criminal Justice Modernisation and Abusive Domestic Behaviour Reviews (Scotland) Act 2025, displacing the earlier temporary procedural arrangements brought in during the COVID-19 pandemic. Practitioners should read every procedural reference in this Practice Note through the lens of these legislative revisions.
Electronic signatures and document transmission
Under CP(S)A 1995, ss 303C–303F, documents in criminal proceedings may bear electronic signatures and be sent electronically to an accused or their legal representative, subject to the requirements set out in those provisions.
Virtual attendance at hearings
The court may disapply the need for in-person attendance at evidential hearings and require participation by electronic means, provided this would not compromise the fairness of the proceedings or conflict with the interests of justice (CP(S)A 1995, s 303G)...
Corporate Crime
FLOWCHARTS
Appeals from the Sheriff Appeal Court to the High Court of Justiciary in Scottish summary criminal procedure—flowchart (Criminal Procedure (Scotland) Act 1995, Part 10ZA)
This flowchart outlines the actions needed to achieve valid service of the claim form outside the jurisdiction in practice. It should be read in conjunction with Practice Note: Cross-border service—a guide for dispute resolution practitioners, which details each relevant stage and also provides links to guidance for each stage...
Corporate Crime
FLOWCHARTS
Bills of Suspension in Scottish Summary Criminal Cases: Process Flowchart
STOP PRESS:
This document is being updated to reflect the implementation of the Data (Use and Access) Act 2025 (DUAA 2025), which amends the UK GDPR and the Data Protection Act 2018. For more guidance on the compliance implications of DUAA 2025, see Practice Note: Data (Use and Access) Act 2025—compliance implications. This document reflects the UK GDPR regime. All references and links to the GDPR refer to the UK GDPR (Assimilated Regulation (EU) 2016/679) unless expressly stated otherwise.
The UK General Data Protection Regulation (UK GDPR) confers on data subjects a number of rights, including providing the right to restrict the processing of personal data. Individuals may submit a request to an organisation to exercise this right in particular circumstances. It is not, however, an absolute right. There are strict time limits for complying with such requests made. See Practice Notes:
Rights of data subjects
How to handle data subject requests
This flowchart resource sets out a process for assessing restriction of processing requests that your organisation receives from data subjects under the UK GDPR...
Corporate Crime
FLOWCHARTS
Flowchart of procedural stages for petitions to the High Court of Justiciary's nobile officium in Scottish criminal proceedings
This document reflects the UK GDPR regime
This guidance aligns with the UK GDPR regime. Unless expressly indicated otherwise, any references and links to the GDPR should be read as the UK GDPR (Assimilated Regulation (EU) 2016/679).
STOP PRESS:
We are updating this document to reflect implementation of the Data (Use and Access) Act 2025 (DUAA 2025), which amends the UK GDPR and the Data Protection Act 2018. For further guidance on the compliance implications of DUAA 2025, see Practice Note: Data (Use and Access) Act 2025—compliance implications.
The UK General Data Protection Regulation grants data subjects a range of rights, including the right to object to processing. Individuals may submit a request to an organisation to exercise this right at any time. However, this is not an unrestricted right; it only applies in particular circumstances. There are strict deadlines for responding to such requests. See Practice Notes:
Rights of data subjects
How to handle data subject requests
This flowchart sets out a process for assessing a data subject’s right to object request that your organisation receives under the UK GDPR...
Corporate Crime
FLOWCHARTS
Flowchart of stated case appeals in Scottish summary criminal proceedings: stages for appeals against conviction and/or sentence (Part X Criminal Procedure (Scotland) Act 1995)
STOP PRESS:
This document is being refreshed to align with the implementation of the Data (Use and Access) Act 2025 (DUAA 2025), which updates the UK GDPR and the Data Protection Act 2018. For more detailed guidance on the compliance impact of DUAA 2025, see Practice Note: Data (Use and Access) Act 2025—compliance implications.
The UK General Data Protection Regulation (UK GDPR) grants data subjects a range of rights, including the right to erasure of personal data, often referred to as the right to be forgotten. Individuals may ask an organisation to erase their personal data ‘without undue delay’ where there is no compelling justification for ongoing processing. This is not an unrestricted right; deletion applies only in particular circumstances. There are strict timeframes for responding to such requests. See Practice Notes:
Rights of data subjects
How to handle data subject requests
This flowchart sets out a process for assessing erasure requests that your organisation receives under the UK GDPR...
Corporate Crime
FLOWCHARTS
Flowchart: Appeals Against Sentence Following Summary Conviction in Scotland (Criminal Procedure (Scotland) Act 1995, Part X)
Except where an exemption or relief is available, payments of yearly interest that have a UK source (including amounts that tax legislation treats as payments of yearly interest) must be made under deduction, with the payer required to account to HMRC for an amount in respect of UK income tax at the basic rate (20%) or, from 6 April 2027, at the savings basic rate (22%). Although often called a withholding tax, it is in fact simply a means, in practice, of collecting UK income tax. While the tax is imposed on the interest received by the non-UK beneficial owner, it is recovered from the UK-based payer of the interest. For further detail, see Practice Notes: UK withholding tax on yearly interest and Exemptions and reliefs from UK withholding tax on yearly interest. This Flowchart assists in determining whether the quoted eurobond exemption applies to a payment of interest, so that the payer need not withhold UK income tax from that payment in question. For more information on the quoted eurobond exemption, see Practice Note: Exemptions and reliefs from UK withholding tax on yearly interest—Exemption for interest on a quoted eurobond...
Corporate Crime
FLOWCHARTS
Flowchart: leave to appeal after rejection of preliminary objection (competency/relevancy) in Scottish summary complaint proceedings
STOP PRESS:
This document is being revised to take account of the Data (Use and Access) Act 2025 (DUAA 2025), which modifies the UK GDPR and the Data Protection Act 2018. For further guidance on the compliance impact of DUAA 2025, see Practice Note: Data (Use and Access) Act 2025—compliance implications.
The UK General Data Protection Regulation (UK GDPR) grants a range of rights to data subjects, including the right to access their personal data. A data subject may submit a request to an organisation to exercise this access right (a data subject access request or DSAR) at any time, and there are strict deadlines for responding to such requests.
See Practice Notes:
Rights of data subjects
How to handle data subject requests
This Flowchart sets out a process for assessing DSARs under the UK GDPR. It reflects the obligations in the UK GDPR and the Data Protection Act 2018 (DPA 2018), alongside guidance issued by the Information Commissioner’s Office (ICO)...
Corporate Crime
FLOWCHARTS
Flowchart: Lodging and Progress of Bills of Advocation in Scottish Summary Criminal Proceedings
STOP PRESS:
This document is currently being updated to take account of the full implementation of the Data (Use and Access) Act 2025 (DUAA 2025), which amends both the UK GDPR and the Data Protection Act 2018. For further guidance on the compliance consequences of DUAA 2025, see Practice Note: Data (Use and Access) Act 2025—compliance implications.
The UK General Data Protection Regulation (UK GDPR) grants data subjects several rights, including, among others:
access to their personal data
rectification
erasure
restriction of processing
data portability
a right of data subjects
Individuals may ask an organisation at any time of their choosing to exercise one or more of these rights, and strict time limits and deadlines apply to responding to such requests promptly. See Practice Note: How to handle data subject requests. This Flowchart sets out a process for dealing with data subject requests made under the UK GDPR and reflects the requirements in the UK GDPR together with guidance issued by the Information Commissioner’s Office (ICO)...
Corporate Crime
If you expected to see yourself on this page, click here.
