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About White Collar Crime Law in Aberdeen, United Kingdom

White collar crime in Aberdeen refers to financially motivated, non-violent wrongdoing that typically arises in business, finance, and public office. Common examples include fraud, bribery and corruption, money laundering, false accounting, insider dealing, tax evasion, cartel conduct, and computer misuse. Aberdeen has a diverse economy with strong energy, maritime, engineering, life sciences, and professional services sectors, so cases often involve complex supply chains, high value contracts, and cross-border activity.

Scotland has its own criminal justice system. Many white collar offences apply across the United Kingdom through UK-wide statutes, but the investigation and prosecution of crime in Aberdeen are led locally by Police Scotland and the Crown Office and Procurator Fiscal Service, often called COPFS. Proceedings are brought in the Sheriff Court or the High Court of Justiciary, depending on seriousness.

This guide is general information to help you understand the landscape. It is not legal advice. If you think you may be involved in an investigation or prosecution, you should seek advice from a qualified Scottish solicitor without delay.

Why You May Need a Lawyer

You may need a lawyer if any of the following occur in Aberdeen or elsewhere in Scotland. You are contacted by Police Scotland, COPFS, HM Revenue and Customs, the Financial Conduct Authority, or the Competition and Markets Authority. Your business receives a search warrant, dawn raid, production order, account restraint, or a request for documents. You are invited to attend a voluntary police interview or you are arrested. You discover suspected fraud or bribery inside your organisation and need to run a privileged internal investigation. You are served with a freezing order or a confiscation claim linked to alleged criminal property. You are a director or senior manager facing allegations of false accounting, Companies Act breaches, or regulatory offences. You are a professional in the regulated sector who must meet anti-money laundering duties and you have compliance questions about suspicious activity reports.

Early legal advice can protect your rights, manage engagement with authorities, preserve legal privilege, reduce the risk of self-incrimination, and shape strategy on cooperation, self-reporting, or defence. It can also help negotiate bail conditions, challenge unlawful searches, safeguard confidential and privileged material, and plan for reputational and employment issues.

Local Laws Overview

Key Scottish features. Scotland has distinct rules of criminal procedure. Investigations are led by Police Scotland. Prosecutions are brought by COPFS via local Procurators Fiscal. You have the right to consult a solicitor and to have a solicitor present during police interview under the Criminal Justice Scotland Act 2016. For many serious offences there is no time limit to prosecute. Summary cases usually must be raised within set statutory periods, commonly six months, unless legislation provides otherwise.

Core offences and frameworks often relevant in Aberdeen. Fraud, embezzlement, and uttering are common law crimes in Scotland. The Bribery Act 2010 applies in Scotland and includes offences of offering or receiving a bribe, bribing a foreign public official, and the corporate offence of failure to prevent bribery, with a statutory defence of adequate procedures. Money laundering offences under the Proceeds of Crime Act 2002 apply UK-wide, alongside the Money Laundering Regulations 2017 for regulated businesses. Insider dealing offences under the Criminal Justice Act 1993 and the market abuse regime under the Financial Services and Markets Act 2000 are enforced with input from the Financial Conduct Authority. Computer misuse offences are set out in the Computer Misuse Act 1990. The cartel offence is found in the Enterprise Act 2002. Companies Act 2006 contains a range of record-keeping and disclosure offences relevant to directors and officers.

Fraud Act note. The Fraud Act 2006 does not extend to Scotland. Comparable conduct is prosecuted using the Scottish common law crimes of fraud and related statutory provisions.

Confiscation and civil recovery. The Proceeds of Crime Act 2002 provides for confiscation after conviction, restraint orders to freeze assets, and civil recovery of the proceeds of unlawful conduct through the Civil Recovery Unit in Scotland. Cash and certain listed assets can be seized and forfeited, and banks or businesses may be served with production orders.

Authorities you may encounter. Police Scotland conducts criminal investigations. COPFS prosecutes and directs investigations, with serious cases handled by specialist units. The Civil Recovery Unit pursues civil recovery under proceeds of crime legislation. HMRC investigates tax fraud and duty evasion. The Financial Conduct Authority regulates financial services and can bring criminal or civil actions. The Competition and Markets Authority investigates cartels and market abuses. The National Crime Agency and the UK Financial Intelligence Unit handle suspicious activity reports and intelligence. In Scotland the Serious Fraud Office does not prosecute, but UK agencies may coordinate on cross-border cases.

Self-reporting and settlements. Scotland does not have deferred prosecution agreements. COPFS operates a self-reporting initiative for bribery by commercial organisations, which can lead to civil settlement via the Civil Recovery Unit in appropriate cases. Whether to self-report is a strategic decision that should be taken with legal advice.

Rights on search and interview. Searches generally require a warrant, although certain powers exist without warrant. Police may seize material but special procedures protect legally privileged material. You are not required to answer police questions beyond basic identification. Ask for a solicitor and do not consent to an interview without advice unless your lawyer agrees it is in your interests.

Legal aid and representation. Criminal defendants in Scotland may qualify for legal aid managed by the Scottish Legal Aid Board, subject to means and interests of justice tests. Solicitors regulated by the Law Society of Scotland can represent you, and solicitor advocates or advocates can appear in the High Court if required.

Frequently Asked Questions

What counts as white collar crime in Scotland

White collar crime covers non-violent offences involving dishonesty, deception, or breach of trust for financial or professional gain. In Scotland this includes common law crimes like fraud and embezzlement, and statutory offences such as bribery, money laundering, insider dealing, cartel conduct, false accounting, Computer Misuse Act offences, and regulatory breaches.

How are white collar cases investigated and prosecuted in Aberdeen

Police Scotland investigates, often working with specialist units and regulators. COPFS directs investigations and decides whether to prosecute. Serious cases may be handled by specialist prosecutors within COPFS. Cases are heard in the Sheriff Court or the High Court, depending on complexity and seriousness.

Do I have to attend a voluntary police interview

You are not under arrest in a voluntary interview, but what you say can be used in evidence. You have the right to legal advice and to have a solicitor attend. It is usually wise to seek advice before agreeing to an interview so your lawyer can assess disclosure, prepare you, and safeguard your rights.

How long can Police Scotland hold me

Under the Criminal Justice Scotland Act 2016, police can generally hold a person for up to 12 hours, extendable to 24 hours in certain circumstances. You have the right to have a solicitor informed and to consult with one. Ask for a lawyer as soon as possible.

What should I do if there is a dawn raid at my home or office

Stay calm, ask to see and copy the warrant, contact your lawyer immediately, and cooperate without obstructing. Identify a point of contact, keep a record of questions asked and items taken, and request the opportunity to assert legal privilege over any privileged material. Do not destroy, hide, or alter documents or data.

Is the Fraud Act 2006 used in Scotland

No. The Fraud Act 2006 does not extend to Scotland. Comparable conduct is prosecuted using the common law crime of fraud and other Scottish or UK statutes. The practical effect is that fraud is still prosecuted, but legal definitions and charging practice differ.

What is money laundering under Scottish law

Money laundering covers dealing with, arranging to facilitate, or concealing criminal property, and acquiring, using, or possessing it, under the Proceeds of Crime Act 2002. Professionals in the regulated sector must also comply with the Money Laundering Regulations 2017, including customer due diligence, record-keeping, and filing suspicious activity reports with the UK Financial Intelligence Unit.

Are there time limits for white collar prosecutions

Serious offences prosecuted on indictment generally have no limitation period in Scotland. Summary offences typically must be brought within fixed statutory periods, often six months, unless specific legislation states otherwise. Get advice on the specific offence and forum.

Can companies be liable for bribery in Scotland

Yes. Under the Bribery Act 2010, commercial organisations can be guilty of failure to prevent bribery by associated persons unless they can show they had adequate procedures to prevent it. Individuals can also face prosecution for giving or receiving bribes. Scotland does not use deferred prosecution agreements, but COPFS may consider civil recovery in certain self-reported bribery cases.

What are the possible outcomes and penalties

Outcomes range from no action, warnings, undertakings, and civil settlements, to prosecution leading to fines, compensation orders, confiscation under the Proceeds of Crime Act, and imprisonment for individuals. Companies can face significant fines, confiscation, disqualification orders for directors, and regulatory sanctions. Consequences can also include reputational harm, loss of contracts, and professional disciplinary action.

Additional Resources

Police Scotland. Primary law enforcement agency for criminal investigations in Aberdeen and across Scotland. Call 999 in an emergency or 101 for non-emergency contact.

Crown Office and Procurator Fiscal Service. National prosecuting authority responsible for directing investigations and prosecuting crime. Includes specialist units for serious and economic crime.

Civil Recovery Unit. Scottish unit that recovers the proceeds of unlawful conduct through civil proceedings under the Proceeds of Crime Act.

Law Society of Scotland. The professional body for Scottish solicitors. Use its public register to find a solicitor experienced in financial crime and regulatory defence.

Scottish Legal Aid Board. Administers criminal legal aid in Scotland for eligible clients.

Financial Conduct Authority. Regulator for financial services and markets. Handles market abuse, insider dealing investigations, and regulatory enforcement.

HM Revenue and Customs Fraud Investigation Service. Investigates tax fraud, VAT carousel fraud, and duty evasion.

Competition and Markets Authority. Investigates cartel conduct and other anti-competitive behavior, with criminal and civil powers.

National Crime Agency and UK Financial Intelligence Unit. Receives and analyzes suspicious activity reports and coordinates intelligence on serious and organized crime.

Cyber and Fraud Centre - Scotland. Provides guidance and support to organizations on cyber incidents and fraud prevention, including incident response coordination.

Scottish Courts and Tribunals Service. Provides information about court locations, processes, and case management in the Sheriff Court and High Court.

Next Steps

Act quickly. If you are under investigation or expect contact from authorities, speak to a Scottish solicitor who practices in white collar defence. Ask about emergency response for search warrants and interviews.

Protect your position. Do not delete emails or files. Suspend any routine data destruction. Secure devices and documents. Identify and separate potentially privileged material and seek advice before handing it over.

Prepare for first contact. If invited to a voluntary interview, do not attend without legal advice. Your lawyer will request disclosure, assess the risks, and accompany you. If served with a warrant or order, verify its scope and keep a record of what is taken.

Organize information. Prepare a confidential chronology of events, key contracts, counterparties, and relevant staff, and share it only with your lawyers to preserve privilege. Identify insurance policies that may cover legal costs, such as directors and officers insurance or professional indemnity.

Consider internal steps. If you are a business facing suspected wrongdoing, take legal advice on conducting a privileged internal investigation, preserving evidence, managing employee issues, and whether self-reporting or engagement with authorities is appropriate.

Plan for outcomes. Ask your lawyer about potential charges, court venues, timescales, bail conditions, media strategy, and the prospects of civil recovery or confiscation. Discuss funding options, including legal aid eligibility and fixed-fee or staged-fee arrangements.

Stay informed and comply. Follow your solicitor’s advice, attend all appointments and court hearings, and comply with any orders. Do not discuss the case publicly or with colleagues unless your lawyer approves.

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Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.