Criminal at Scots Law 2024

We are delighted to be returning to the Hilton Glasgow for the first in our Scots Law 2024 Conference Series, exclusively available to delegates in person on the day.

Criminal law is rarely out of the headlines and following on from a hectic twelve months, our annual conference, chaired by Neil Hay of Levy & McRae, will take an in depth look at the most important procedural and legal developments, as well as considering those issues that impact on your practice.

An expert panel of speakers will join Neil, including Paul Nelson KC of Optimum Advocates, Ross Yuill from the Glasgow Law Practice, Tom Stocker & Hannah Beaumont of Pinsent Masons, Dr Gabrielle Watson from the University of Edinburgh, Callum Anderson of Levy & McRae and Victoria Dow from Black Chambers.

Topics will include the Lord Advocate’s reference re corroboration in relation to rape and distress, final submissions in summary and jury cases, sentencing trends, using prior statements in trials, corporate crime, vulnerable witnesses and criminal law and the media.

What’s being covered?

Distress and corroboration: Lord Advocate’s Reference 1 of 2023

In this session the effect of the recent Full Bench decision on corroboration in Scots criminal law is examined. Has the Appeal Court restated the law, or is it a return to the institutional writers’ understanding of corroboration?

Paul Nelson KC, Optimum Advocates

Corporate crime – the impact of the Economic Crime and Corporate Transparency Act 2023 (ECTA 2023)

ECTA 2023 reforms the law on the attribution of criminal liability to companies and other bodies and introduces a new corporate offence of failing to prevent fraud and other economic crimes by associated persons. We will consider the key provisions of ECTA 2023; the new offence of corporate failure to prevent fraud; other corporate “failure to prevent” offences under the Bribery Act 2020 and the Criminal Finances Act 2017; the status of the Crown Office and Procurator Fiscal’s corporate self-reporting initiative for companies; and the prospects for increased prosecutions of business offences across the UK.  

Tom Stocker & Hannah Beaumont, Pinsent Masons

Using prior statements in trials

In this session we will consider when to use a prior statement in a trial, how to use a prior statement and discuss recent case law and legislation.  There will also be a practical demonstration.

Neil Hay, Levy & McRae

The last word: a guide to closing submissions in summary and solemn trials 

The effectiveness of your closing submissions can be essential to the outcome for you client. This session will provide you with key guidance in respect of both summary and solemn trials.

Ross Yuill, The Glasgow Law Practice

Vulnerable witnesses - practical considerations

We will look at the legal framework governing the issue of vulnerable witnesses before moving on to the vulnerable witness measures in practice. The issue of what to do (and what not to do) when taking evidence from vulnerable and child witnesses will be addressed as well as the effective participation in the trial process of vulnerable accused persons.

Victoria Dow, Black Chambers

Media law for the criminal court practitioner

This session will provide an update on contempt of court including pre-trial publicity; reporting restrictions; when privacy does and does not apply in criminal investigations; and defamation.  

Callum Anderson, Levy & McRae

Contemporary Issues in sentencing

This presentation reviews recent work by the Scottish Sentencing Council (SSC), established in 2015 under powers granted by the Criminal Justice and Licensing (Scotland) Act 2010. While the SSC resembles the Sentencing Council for England and Wales – notably, in sharing the same step-by-step methodology for its guidelines – it has diverged from the English approach in important respects. The SSC remains at an early stage of guideline development, having published three general guidelines and one offence-specific guideline so far. By considering each in turn – each simpler and more streamlined than its English counterpart – it becomes clear that there are grounds for cautious optimism where Scottish sentencing is concerned.

Dr Gabrielle Watson, University of Edinburgh