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Key definition
Authority definition

What does Authority mean? In practice, Authority refers to the public sector client that procures and manages a project or service and is the named counterparty in the contract. In public procurement, PFI/PPP, DBFM/DBFOM and outsourcing documents, it is a contractual shorthand for the “contracting authority” defined in legislation (England & Wales and Northern Ireland: Public Contracts Regulations 2015; Scotland: Public Contracts (Scotland) Regulations 2015; Ireland: European Union (Award of Public Authority Contracts) Regulations 2016). Typical Authorities include a local authority, an NHS trust or health board, a central government department or minister, a non‑departmental public body or agency, or another body...

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Police questioning of suspects in Scotland: powers, rights, solicitor’s role, interview conduct, interpretation, corporate suspects and post-interview outcomes

Practice notes
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There are three categories of suspect who might be interviewed:

  • an individual not under arrest about whom a police officer has reasonable grounds to suspect has committed, or is committing, an offence. A constable may ask that person certain questions
  • suspects held in police custody. The protections for those questioned while in custody are set out in the Criminal Justice (Scotland) Act 2016 (CJ(S)A 2016)
  • a person who attends a police station or other location voluntarily to be questioned as a suspect. Where Police Scotland, or a regulatory body with powers to question, believes a corporate crime has been, or is being, committed, they will often invite an individual to attend for voluntary suspect questioning

Powers to question different types of suspect

Section 13 powers

Section 13 of the Criminal Procedure (Scotland) Act 1995 (CP(S)A 1995) gives a constable Authority to put specified questions to an individual where there are reasonable grounds to suspect that the person has committed, or is committing, an offence. The details a constable may require the person to provide are the person’s:

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Ramsay Hall
Ramsay Hall chambers

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
Paul Marshall

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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