Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Search definition

What does Search mean? In patent practice, a search is the official prior art search carried out by a patent office examiner to identify documents relevant to assessing the novelty and inventive step of a patent application. The results are issued in a patent search report, which cites prior art and shapes substantive examination and claim amendment strategy. In the UK (England & Wales, Scotland and Northern Ireland), searches are provided for under the Patents Act 1977 and related rules and are conducted by the UK Intellectual Property Office; European applications are searched by the European Patent Office under the European Patent Convention....

Search of premises and property in Scottish criminal investigations: police powers, warrant applications and execution, and grounds and procedure for challenging warrants

Published by a LexisNexis Corporate Crime expert

Practice notes

This Practice Note outlines the legal powers to Search premises and property during a criminal inquiry in Scotland. It further considers the Scope for challenging Search warrants in Scottish criminal investigations. For guidance on obtaining warrants issued by the criminal courts in England and Wales, see the following Practice Notes: Obtaining and executing a search warrant under PACE 1984; Obtaining excluded material and special procedure material under PACE 1984; Search of premises; and Seizure and retention of property.

The principal powers to search premises and property in Scotland fall into these categories:

under the terms of an arrest warrant
by consent
where urgency dictates
under the authority of a search warrant

Search under the terms of an arrest warrant

Where the Crown decides to bring proceedings on either summary complaint or petition, the terms of the complaint or petition itself will grant warrant to search for and apprehend (arrest) the accused person. In such circumstances, the authority arises from the initiating document. For information on how criminal proceedings are commenced in Scotland, see Practice Note: The investigation and prosecution of criminal offences in Scotland...

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Ramsay Hall

Brodies LLP

Ramsay is a member of Brodies' Corporate Crime and Investigations practice. He qualified into the team in 2012 and has experience of providing investigation support as well as representation in prosecutions across a range of sectors. In particular, he has provided advice on fraud, bribery and corruption, VAT evasion offences, money laundering, environmental offences, international sanctions and actions under the Proceeds of Crime Act 2002.Ramsay regularly represents clients facing prosecution in Sheriff Courts throughout Scotland. He has both trial and criminal debate experience. He has also worked closely with counsel in respect of solemn proceedings....

Paul Marshall

Brodies LLP

Paul is a Partner with Brodies LLP where he leads the Corporate Crime and Investigations practice. The practice is the first port of call for responsible clients operating in high risk sectors in Scotland and internationally. Paul has 15 years' experience advising on financial and corporate crime investigations in Scotland, elsewhere in the UK and overseas. He is highly regarded in the Scottish market, in London, and by international clients. He is recognised as an expert on matters of fraud, bribery and corruption in Scotland. Paul is recognised internationally for his work in this area. He regularly speaks to UK and international audiences on the approach of the UK financial crime regulators to self-reporting of fraud, bribery and corruption. He is widely published in this field. Regulators also recognise Paul's expertise. He is instructed both by clients facing financial crime allegations and by...

Web page updated on 21/05/2026

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