Powers to search premises and property in Scottish criminal investigations

Produced in partnership with Ramsay Hall of Brodies LLP and Paul Marshall of Brodies LLP

Practice notes

Scottish Law

Powers to search premises and property in Scottish criminal investigations

Produced in partnership with Ramsay Hall of Brodies LLP and Paul Marshall of Brodies LLP

Practice notes

Scottish Law

This Practice Note explains the powers to Search premises and property during a criminal investigation in Scotland. It also covers the Scope for challenging Search warrants in Scottish criminal investigations.

For information on obtaining search warrants issued by the criminal courts in England and Wales, see 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 main powers of search of premises and property in Scotland can be split up into the following categories:

•
under the terms of an arrest warrant
•
by consent
•
where urgency dictates, and
•
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.

For information

Ramsay Hall

Senior Associate, 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

Partner, 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 regulators responsible for investigating financial crime in Scotland. Paul is retained by the Law Society of Scotland as a fiscal responsible for prosecuting lawyers for financial and other misconduct. He has developed a substantial practice advising responsible businesses on the fraud, bribery and corruption risks that they face in their international supply chains.

Jurisdiction(s):

United Kingdom

Key definition:

Search definition

What does Search mean?

The search in terms of a patent is where the search examiner searches the prior art to see what, if anything, is relevant for the examination of the patent.

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