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Irwin MitchellAccess all documents on Scottish Criminal Cases Review Commission
In this issue: Investigating criminal conduct Cross-border criminal investigations Prosecution decisions and alternatives to prosecution Criminal procedure and evidential matters Proceeds of crime Appeals and judicial review Bribery, corruption, sanctions and export controls Consumer protection and cartels Environmental offences Financial services and pensions offences Food safety and hygiene offences Health and safety and corporate manslaughter offences Insolvency offences and Companies Act offences Money laundering Corporate crime in Scotland International Daily and weekly news alerts New and updated content Dates for your diary Trackers Useful information Investigating criminal conduct Ban on misconduct NDAs casts doubt on settlements The government’s plan to render non-disclosure agreements (NDAs) void where they cover alleged workplace harassment and discrimination is expected to deter employers from resolving claims, adding strain to tribunals and early conciliation services. See News Analysis: Ban on misconduct NDAs throws settlements into question. DBT...
In this issue: Brexit headlines Brexit SIs Post-Brexit guidance Constitutional and administrative law Judicial review Equality and human rights Information law Public procurement Subsidy control and State aid State security and intelligence Other Public Law news Daily and weekly news alerts New and updated content Dates for your diary Trackers Useful information Brexit headlines Commons Library assesses Murphy’s review on democratic oversight of the Windsor Framework The Commons Library has issued a briefing on the independent review of the Windsor Framework, commissioned by Secretary of State for Northern Ireland, Hilary Benn MP, and chaired by Lord Murphy of Torfaen, with the report expected by 10 July 2025. Set up in February 2023 to revise the Protocol on Ireland/Northern Ireland and prevent a hard border, the Framework is being scrutinised to identify how it can operate with support from all communities in Northern Ireland. The commission follows a...
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...
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...
In most Scottish criminal matters, defence representatives usually obtain material through disclosure provided by the Crown, in line with duties under the Criminal Justice and Licensing (Scotland) Act 2010 (CJL(S)A 2010). For guidance on such material, refer to Practice Note: Disclosure of evidence in Scottish criminal proceedings. However, some situations call for information retained by the Crown that falls outwith its statutory disclosure duties, that is, material the Crown holds but is not obliged by the CJL(S)A 2010 to reveal to the defence. At times, the necessary information sits with a third party; documents or records may lie with external organisations or individuals rather than the Crown. This Practice Note sets out how such material can be recovered, and describes the mechanisms available to secure access in those circumstances. Evidence held by the Crown As noted, in most instances, recovering Crown-held evidence proceeds under the Crown’s obligations in CJL(S)A 2010, Pt 6. There are, nonetheless, occasions when recovery is needed but does not fall within CJL(S)A 2010, i.e.,...