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Comparison between the Scottish self-reporting regime and Deferred Prosecution Agreements used in the rest of the UK—checklist

Comparison between the Scottish self-reporting regime and Deferred Prosecution Agreements used in the rest of the UK—checklist There are key differences between the self-reporting initiative operated by the Crown Office and Procurator Fiscal Services (COPFS) in Scotland (Scottish self-reporting initiative) and the deferred prosecution agreement (DPA) regime now operating in the rest of the UK (DPA regime). Any business that uncovers corruption within the organisation should make sure it understands the differences between the two regimes before deciding which authority to approach. This Checklist aims to set out the main differences between the Scottish self-reporting initiative and the DPA regime operating in the rest of the UK. Introduction to the two regimes Scottish self-reporting initiative The Scottish self-reporting initiative was introduced on 1 July 2011 when the Bribery Act 2010 (BA 2010), a UK-wide statute, came into force. The Scottish initiative applies solely to offences under BA 2010 or analogous bribery offences which applied before BA 2010 came into force. Under the regime, a self-reporting business can seek...

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General Optical Council—fitness to practise proceedings

General Optical Council—fitness to practise proceedings Who is the General Optical Council (GOC) The General Optical Council (GOC) is a body corporate created by the Opticians Act 1989 (OA 1989) to have the general function of promoting high standards of professional education, conduct and performance with an over-arching objective of the protection of the public. The GOC role is to protect, promote and maintain: • the health, safety and well-being of the public • public confidence in the professions they regulate • professional standards and conduct for Registrants and prospective Registrants, and • proper standards and conduct for business Registrants This Practice Note provides a guide to GOC fitness to practise proceedings, investigations, and applications to be restored to the Register. The GOC regulates registered Optometrists as well as Dispensing Opticians. In this Practice Note a ‘Registrant’ is: • a registered Optometrist • dispensing Optician • student Optometrists, or • a Registered Business This Practice Note should be read in conjunction with Practice Notes: Common principles in fitness to practise...

The Gambling Commission—compliance and enforcement powers

The Gambling Commission—compliance and enforcement powers Gambling Commission investigations The Gambling Commission (GC) regulates the commercial gambling industry in Great Britain. The GC published a policy statement on Licensing, compliance and enforcement under the Gambling Act 2005 which sets out the GC’s regulatory policies in relation to carrying out compliance activities. The policy is regularly updated and was updated on 21 January 2022. In carrying out its functions, the GC is under a duty to pursue and have regard to the licensing objectives set out in section 1 of the Gambling Act 2005 (GA 2005): • preventing gambling from being a source of crime or disorder, being associated with crime or disorder or being used to support crime • ensuring that gambling is conducted in a fair and open way, and • protecting children and other vulnerable persons from being harmed or exploited by gambling Where concerns have been raised about a licensee, the GC may commence an investigation. Where appropriate, in certain specific cases, the GC...

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Can private prosecutions be brought in Scotland?

Can private prosecutions be brought in Scotland? Historically, the power of prosecution rested originally neither with the private party, nor the public prosecutor, but with the court (see Angus Mackintosh, per Lord Justice-Clerk (Moncrieff) [para 253]). Scotland has, for many centuries, had a system of public prosecution in which the Lord Advocate is recognised as the prosecutor in the public interest. Whatever may have been the origin of these high powers in the Lord advocate, he is now invested with them in the fullest and most unlimited extent so that his title to prosecute is universal (Hume, Commentaries on the law of Scotland, vol. ii., p.133). It remains open to a private citizen to apply to the court for permission to bring a private prosecution by way of a Bill for Criminal Letters. However, the circumstances in which such permission may be granted have repeatedly been described as ‘exceptional’ and will only be granted in ‘very special circumstances’ (Stewart v Payne, [paras 85 and 87])....

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Environmental enforcement round up—30 October 2024

A round-up of the latest environmental enforcement, including a housebuilding firm fined for damaging an active badger sett.

Health and safety prosecution round-up—22 October 2024

A round-up of the latest health and safety prosecutions, including a contractor fined after worker left paralysed by a falling tree and a company fined after the death of a 12-year old boy.