Official channel of the Crown Office & Procurator Fiscal Service, Scotland’s prosecution service. If you have a question or complaint please use the link below
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The Lord Advocate and Solicitor General met the new Chief Constable of Police Scotland. This is the first time in Scottish history these vitally important criminal justice offices have all been held by women. @policescotland #publicservice
ALT Women in business clothes stand either side of a woman wearing police uniform, in front of shelves of law books.
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Statement from Lord Advocate Dorothy Bain KC on drug consumption facilities: copfs.gov.uk/about-copfs/new…
ALT Extract from statement from Lord Advocate Dorothy Bain KC on drug consumption facilities "On the basis of the information I have been provided, I would be prepared to publish a prosecution policy that it would not be in the public interest to prosecute drug users for simple possession offences committed within a pilot safer drugs consumption facility."
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Any reported person who deliberately endangers life, or causes fear and alarm by pretending to do so, including by coughing on or spitting at someone, will be dealt with robustly by Scotland’s prosecution service. 1/
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Please be responsible when posting any material connected to an active case. A case becomes active when someone is arrested, and you may be in breach of the Contempt of Court Act 1981 when discussing active proceedings.
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The legal term for victims of crime in Scotland is complainer. In sexual offences cases, complainers are provided anonymity by the media and this should be respected. Failure to respect anonymity may discourage others from telling the police if they have been a victim
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A reminder in the case of HMA vs Alexander Salmond;
The court made an order preventing the publication of the names and identity, and any information likely to disclose the identity, of the complainers in this case.
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In Scotland, when a person is charged with a criminal offence the case becomes ‘active’ in terms of the Contempt of Court Act 1981. This means that any conduct tending to interfere with the course of justice may be treated as a contempt of court, regardless of intent to do so.
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1/ Once a criminal case becomes ‘live’ it is subject to the provisions of the Contempt of Court Act 1981. A case becomes ‘live’ following one of a number of legal triggers, including arrest
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HMA v Alexander Salmond: the court has made an order preventing the publication of the names and identity, and any information likely to disclose the identity, of the complainers in this case
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A reminder that in the case HMA v Alexander Salmond a court order remains in place preventing the publication of the names and identity, and any information likely to disclose the identity, of the complainers
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500 procurator fiscal staff have been trained to prosecute what is hailed as ‘the world’s gold-standard domestic abuse law’
Coercive and controlling behaviour is abuse, and as of today it is against the law.
Nobody has the right to take away your choices. If you're feeling worried, you can get in touch with Scotland's 24 hour Domestic Abuse Helpline at 0800 027 1234.
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The court order preventing the publication of the identity of complainers in HMA v Alex Salmond remains in place
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Lord Advocate Dorothy Bain QC vows to act independently as she is sworn in at the Court of Session along with Solicitor General for Scotland Ruth Charteris QC
copfs.gov.uk/media-site-news…
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When a person is arrested the criminal case against them becomes ‘active’. That means under the Contempt of Court Act 1981 any conduct interfering with the course of justice can be treated as contempt, even when there is no intention to interfere
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Information published about live criminal proceedings must be restricted to what is said in court and not include commentary or analysis of evidence, witnesses or the accused.
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Congratulations to Rose and Mairin from @HolyroodSec who are the COPFS School Public Speaking Competition champions for 2022! They worked as a team to put on an impressive performance at this evening's national final - well done to all involved!
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Threat to police officers @policescotland and front-line workers will not be tolerated. The Lord Advocate underlines the Crown message: criminal conduct related to #coronavirus to will get a robust response. copfs.gov.uk/media-site-news…
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Threat to police officers @policescotland and front-line workers will not be tolerated. The Lord Advocate has underlined the Crown message: criminal conduct related to #coronavirus to will get a robust response. copfs.gov.uk/media-site-news…
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2/ Contempt of Court exists to protect the integrity of proceedings, preserve access to justice for victims and to secure the rights of the accused.
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Contempt of Court 🧵
1 When a person is arrested the criminal case against them becomes ‘active’. Court is the only appropriate public forum for discussion of matters of evidence or fact in active cases
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3/ Any published information which creates a substantial risk that the course of justice will be seriously impeded or prejudiced is contempt where a case is ‘live’.
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The 53-year-old director of a ‘Man with a Van’ business and his employee have been sentenced for fly tipping in Glasgow. tinyurl.com/3ck92xhz
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Court is the only appropriate public forum for the discussion of matters of fact or law in live criminal cases. Information published or posted online about live criminal proceedings must not include commentary or analysis of evidence, witnesses or the accused.
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Statement from the Lord Advocate on today's judgement, in which the Court of Appeal reviews the law of corroboration in Scots Law. copfs.gov.uk/about-copfs/new…
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The legal term used to describe victims of crime in Scotland is ‘complainer’. In sexual offence cases, ‘complainers’ are provided anonymity by the media and this should be respected 1/2
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In the case HMA v Alexander Salmond a court order remains in place preventing the publication of the names and identity, and any information likely to disclose the identity, of the complainers
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If you are tempted to speculate on Twitter about a person’s guilt in a live criminal case before the court reaches its verdict, consider this...
When an individual is arrested or an indictment is served the Contempt of Court Act 1981 applies. The court may consider that any information published which creates a substantial risk that justice is seriously impeded or prejudiced is ‘contempt’. 1/3
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Commenting on active cases, or using images associated with a case, may risk prejudicing future proceedings.
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Up to 140 permanent staff to be recruited, including 60 lawyers, after COPFS receives additional in-year budget of £3.6million tinyurl.com/yddtsdbx
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It's the International Day for the Elimination of Violence Against Women and the first day of the16 Days of Activism.
We're committed to prosecuting domestic abuse effectively & appropriately, and to working with @policescotland & our partners to support victims. #IDEVAW #16Days
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Please note that the Rangers case remains live under Contempt of Court Act and nothing should be published that might prejudice the case
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A 42 year-old man was the first person to be convicted under S1 of the new Domestic Abuse (Scotland) Act 2018 yesterday at Glasgow Sheriff Court.
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"For the first time, it will allow us not only to lay the whole story before the court, but to mark that whole story for what it is – a course of criminally abusive conduct deserving of prosecution in the public interest." tinyurl.com/ybomk64w #DABill
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Today we celebrated the achievements of our 2017 intake of legal trainees who are now fully qualified solicitors. Congratulations to the skilled public prosecutors of tomorrow!
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We are hiring! We have opportunities for enthusiastic candidates to join our 2022 and 2023 Traineeships. More information and application packs can be found on our website copfs.gov.uk/careers
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The Lord Advocate & Sandy Brindley signing the memorandum of understanding at Edinburgh Rape Crisis Centre today. The agreement means @rapecrisisscot will share anonymous feedback on victims’ experiences with COPFS so that the system can be improved.
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We strongly support the use of pre-recorded evidence for child and vulnerable witnesses in the most serious cases. This reform will reduce the traumatic effect of the current criminal justice system on some witnesses while protecting the accused person’s right to a fair trial
The Scottish Parliament has voted unanimously to pass the Vulnerable Witnesses (Criminal Evidence) (Scotland) Bill.
This legislation will make important improvements to how children in the most serious cases are able to give evidence on distressing and traumatic experiences.
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Please note Pacteau case is now live under Contempt of Court Act and nothing should be published that might prejudice case #KarenBuckley
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Those peddling hate & abuse need to know they can't evade justice by hiding behind their computers or mobile phones tinyurl.com/y8jcy6yw
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Contempt is punishable by up to two years in prison and/or an unlimited fine in serious cases. Its purpose is to protect the integrity of proceedings, preserve access to justice for victims, and to secure the rights of a fair trial for the accused.
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THE Lord Advocate James Wolffe QC has welcomed the formation of an independent group to provide additional oversight of use of temporary police powers during the #coronavirus pandemic @ScotPolAuth @policescotland @ScotHumanRights @EHRCScotland
copfs.gov.uk/media-site-news…
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Failure to respect anonymity may discourage others from telling the police if they have been a victim of sexual crime 2/2
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1/3 The Lord Advocate’s guidance that police officers may choose to issue a warning for simple possession of drugs has no bearing on ‘spiking’
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The Lord Advocate Dorothy Bain QC made a statement to the Scottish Parliament on Diversion from Prosecution.
Read the full statement here:
copfs.gov.uk/media-site-news…
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Congratulations to Elena and Katie from @stambrosehigh winners of our #schoolspeak grand final.
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Lord Advocate Dorothy Bain QC and Solicitor General for Scotland Ruth Charteris QC met with Sandy Brindley from @rapecrisisscot to discuss the Crown's work with victims and witnesses.
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The order has been varied but the purpose remains in "preventing the publication of the names and identity and any information likely to disclose the identity of the complainers in the case of HMA v Alexander Elliot Anderson Salmond, as such complainers in those proceedings"
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Congratulations to Mairin and Rose from @HolyroodSec who won the Glasgow Sheriffdom final of our School Speaking Competition yesterday. Great efforts from the @BearsdenAcademy and @ShawlandsAcad who also made it to the final.
ALT The six young people who participated, standing with their certificates
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The Lord Advocate has confirmed that domestic abuse cases will continue to be prosecuted vigorously and fairly during the coronavirus pandemic.
copfs.gov.uk/media-site/medi…
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Coughing on or spitting at someone, depending on the circumstances, may be an assault or constitute the crime of culpable and reckless conduct. It is difficult to imagine a more compelling case for prosecution in the public interest. 3/
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‘As a criminal prosecutor, I’m proud to play a small part in a justice system which has a zero tolerance prosecution policy for hate crime motivated by prejudice. There truly is no room for bigotry or intolerance in Scotland.’
🏳️🌈 In our celebration of #Pride, Ruaraidh Ferguson, a Senior Procurator Fiscal Depute at @COPFS & lead of its LGBT+ network #ProudInCOPFS, says he is proud to be part of a profession and justice system that embraces and protects diversity and tolerance. #PrideInside
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Ms Edwards' appointment marks the first time the three most senior prosecutorial roles in Scotland have been held simultaneously by women.
Read more bit.ly/3ARcukt
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A ‘strict liability’ rule applies to any publication or communication addressed to the public at large, including online publications. Any information published about an active case must not include commentary or analysis of evidence, witnesses or the accused.
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Congratulations Caitlin Kiddie & Rae Ashcroft from @Royal_High_Sch, winners of the Lothian and Borders Sheriffdom Final of the COPFS Schools Public Speaking Competition, and well done to Sophie and Layla from @stmarys_music and Leah and Tayla from @StDavidsHS too! #schoolsspeak
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We all have a responsibility to educate our children & young people about their rights and responsibilities in terms of the criminal law, to help them understand issues like consent and the dangers of inappropriate use of social media and the internet. #SID2018 #SaferInternetDay
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Moira Price is Scotland’s National Procurator Fiscal for Domestic Abuse. Prosecutors are dedicated to the pursuit of justice and ever-improving support for victims #16days #orangetheworld
ALT 16 days of activism against gender-based violence: Moira Price, National Prosecutor for Domestic Abuse said: The vast majority of those accused of domestic abuse are male. In 2021 to 22, 28,591 or 87 percent of charges reported with a domestic abuse identifier featured a male accused. This rose to 96 percent of charges reported under section one of the domestic abuse scotland act 2018 which involves coercive or controlling behaviour of a partner or ex. I am committed to striving for justice for the women and children who suffer through this offending and to working towards a safer, brighter future for all
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The Lord Advocate Dorothy Bain QC has announced that police officers may choose to issue a Recorded Police Warning (RPW) for simple possession offences for all classes of drugs. She stressed four things:
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A man has been jailed for 11 months for large-scale fly tipping of car tyres on streets, car parks and empty land around Glasgow.
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The Lord Advocate, James Wolffe QC is supporting @16DaysEdinburgh & #16DaysofActivism against #GenderBasedViolence #16Days
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3 Contempt of Court exists to protect the integrity of proceedings, preserve access to justice for victims and to secure the rights of the accused. Contempt is punishable by up to two years in prison and/or an unlimited fine, in serious cases
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COPFS is working closely with Police Scotland to ensure the continued effective investigation and prosecution of crime, properly addressing criminal behaviour that threatens public safety and the safety of emergency workers. 4/4
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Lord Advocate Dorothy Bain KC has today announced a review of diversion from prosecution for sexual offences
tinyurl.com/yw34442s
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(1/2) The Lord Advocate has sent condolences to the Royal Family on behalf of the Law Officers and Scotland’s prosecutors on the death of HM the Queen. copfs.gov.uk/about-copfs/new…
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When an individual is arrested or an indictment is served the Contempt of Court Act 1981 applies. The court may consider that any information published which creates a substantial risk that justice is seriously impeded or prejudiced is ‘contempt’. 1/3
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Lord Advocate James Wolffe QC and Sandy Brindley @rapecrisisscot Survivors Reference Group today to listen to the experience of seeking justice
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National Domestic Abuse PF at excellent @policescotland @safelives_ DA Matters training yesterday. Increasing the understanding of the reality/impact of domestic abuse & opportunities the new offence creates to tackle & prevent this. @gordonmccreadie @officiallucymcd @Mhairi30
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Ashley Edwards QC has been named as Principal Crown Counsel.
Ms Edwards is shown in the centre of the picture with the Law Officers and full Principal Crown Counsel team.
Read more bit.ly/3ARcukt
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2 Published items about active cases must not be commentary or analysis of evidence, witnesses or accused. When a criminal case becomes active it is subject to the provisions of the Contempt of Court Act 1981
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Scotland's Lord Advocate and Chief Constable @CC_Livingstone have set clear priorities for the investigation and prosecution of crime as measures to tackle the coronavirus (Covid-19) outbreak come in to force tinyurl.com/wd4lnhg
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Lord Advocate James Wolffe QC visited Eastgate in Glasgow to meet the @policescotland @GlasgowCC @GCHSCP @Mhairi30 teams gearing up for the new domestic abuse legalisation
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Scotland's prosecution service will take action to protect public safety at all times and has a range of responses available to tackle unacceptable criminal conduct that may arise during the coronavirus pandemic. 2/
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Please think before you tweet. Consider this court order ⬇️ and avoid potential prejudice by remembering that information published or posted online about live criminal proceedings must not include commentary or analysis of evidence, witnesses or the accused
HMA v Alexander Salmond: the court has made an order preventing the publication of the names and identity, and any information likely to disclose the identity, of the complainers in this case
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The Lord Advocate James Wolffe QC has welcomed the announcement from Lady Dorrian setting out steps towards restarting jury trials in Scotland.
@SCTScourtstribs @JudgesScotland @ScotGovJustice
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We're hiring. We are recruiting for a number of Procurator Fiscal Depute roles across Scotland. More info and application packs can be found here…
copfs.gov.uk/careers
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When a person living in Scotland dies without leaving a Will and has no known and traceable blood relatives, spouse or civil partner who would be entitled by law to succeed to their property then that property falls to the Crown as ultimus haeres (meaning Ultimate Heir).
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Today @GlassWalls3's exhibition was launched @GlasgowCC's City Chambers. The project tells the stories of domestic abuse survivors through stained glass. The Lord Advocate paid tribute to the women and their 'truly eloquent works of art' glasswallsart.com/
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To mark #InternationalWomensDay2019, our Edinburgh office is hosting a presentation by @ChloeJSKennedy from @ScottishFemJP, looking at court judgements through a feminist lens and seeing how laws can be made and applied in a more gender equitable way.
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Congratulations to Olivia and Eva from @stninianshigh who won the North Strathclyde Sheriffdom final of our School Speaking Competition.
ALT Olivia and Eva in Paisley Sheriff Court, holding the winner's shield.
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The Lord Advocate has apologised in writing to Mr Charles Green and Mr Imran Ahmad for prosecutions that were taken against them in relation to their roles in relation to Rangers Football Club. tinyurl.com/rceuvr6t
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Court is the only appropriate public forum for the discussion of matters of fact or law in live criminal cases. Any published information – including online - that creates a substantial risk of prejudicing justice may be contempt of court. 3/3
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Women from the Daisy Project visited Glasgow Sheriff Court where their community artwork 'GlassWalls' is on display. GlassWalls is a project to raise awareness of domestic abuse founded by @copfs APF Dr Emma Forbes with her dad, artists and the Daisy women #16days #OrangeTheWorld
ALT 16 days of activism against gender-based violence: Dr Emma Forbes, assistant procurator fiscal at COPFS said: Court is a scary place for victims and witnesses, especially victims of intimate partner abuse. It is deeply empowering for the women from the Daisy project to visit Glasgow Sheriff Court now and see their work shining a light on domestic abuse and the barriers women face when they report. Hopefully, the beautiful art will help others. For more information on the GlassWalls project, please see the website www.glasswallsart.com
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Possession of Class A Drugs: The Lord Advocate has not decriminalised; police may now issue recorded warnings in some circumstances copfs.gov.uk/media-site-news…
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Crown Agent David Harvie said: “The introduction of a specialist sexual offences court would be an important step towards meaningful improvement in the delivery of justice in Scotland, for complainers, for accused, for society as a whole and is one that I fully support.”
A cross-justice Review Group, chaired by the Lord Justice Clerk, Lady Dorrian, has recommended that a new, national specialist Court with trauma-informed procedures be created to deal with serious sexual offence cases in Scotland bit.ly/2OAKw9b.
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The first ever juror in Scotland to be prosecuted under the Bribery Act 2010 is jailed for six years. The prosecution was built on a thorough and complex investigation by @policescotland using covert surveillance. bit.ly/2HKCVwR
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Well done to Arlene and David from @ShawlandsAcad and Seamus and Cerys from @gaelicschool who won through in the Glasgow semi final of the 2018 COFPS School Speaking Competition and progress to the Glasgow final in March #schoolsspeak
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Do you want to make a difference by working to secure justice in Scotland?
We are looking for exceptional lawyers to become prosecutors and help us uphold the rule of law. copfs.gov.uk/careers/job-vac…
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Lord Advocate James Wolffe QC told the Scottish Parliament Covid-19 session today: “the criminal justice system can, and will, continue to protect individuals and the public from crime”
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Champions from the Sheriffdom of South Strathclyde, Dumfries & Galloway, Katie Beekman & Elena Margiotti, from @stambrosehigh, Coatbridge, last night reached the national final of the COPFS Schools Speaking Competition to be held on 2 May. #schoolsspeak 1/2
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A reminder that in the case HMA v Alexander Salmond a court order remains in place preventing the publication of the names and identity, and any information likely to disclose the identity, of the complainers
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Commiserations to David Baird & Arlene Burns from @ShawlandsAcad and
Morgan Faulds & Cara Hayes from @KirkcaldyHigh who did themselves and their schools proud #schoolsspeak
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If your partner is controlling you, it is domestic abuse. To speak in confidence call Scotland’s Domestic Abuse Hotline on 0800 027 1234.
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The Lord Advocate James Wolffe QC joined victims groups at a seminar encouraging a victim-centred approach to justice, telling them he's committed to listening to victims & having their experiences inform the work of COPFS.
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"This operation highlights the value of partnership working between the agencies which take part in the Serious Organised Crime Taskforce."
- Lord Advocate James Wolffe QC
Chair of Serious Organised Crime Taskforce @humzayousaf welcomes successful cross border operation. Police Scotland arrested 59 people and seized more than £25 million pounds worth of controlled drugs. @policescotland @COPFS
Read more ➡️ bit.ly/2ZsdXf2
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What Scotland owes the women pioneers who pushed for equalities, and the 'unparalleled opportunities' of a career as a prosecutor with COPFS ⬇️
Today's #100voicesfor100years profile features Catherine Dyer, first female Crown Agent and Chief Executive of @COPFS She reflects on a trail-blazing career and progress made in the sector and society in that time.
gla.ac.uk/schools/law/100yea… #UofGWomeninLaw
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Morgan & Cara from @KirkcaldyHigh were winners of Tayside Central & Fife
Sheriffdom Final of the COPFS School Speaking Competition last night and will meet Cameron & Ellie from Glen Urquhart High School in the national semi
final 19 April at Dundee Sheriff Court #schoolsspeak
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The Domestic Abuse Bill will, if passed, make criminal the insidious abusive behaviour that at present we are unable to prosecute. #UntrappedConf17 #16days #16DaysofActivism
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Lord Advocate Dorothy Bain KC is in Brussels and The Hague this week with the Crown Agent and our Head of International Cooperation to build and maintain key justice relationships that help keep people in Scotland safe. @ScotGovBrussels @MJohnsonSG1 @ScotGovJustice @J_R_Doyle
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