Susan M Duff
GENERAL INFORMATION:
1984-1988: LLB;
1988-1989: Dip LP;
1994-1995: Dip FM.
1992-1996: Procurator Fiscal Depute
1996-2002: Principal Procurator Fiscal Depute
2003: Called to Scottish Bar
PRACTICE:
Principal areas of practice:
- Proceeds of Crime and Asset Recovery
- Commercial Fraud
- Statutory and Regulatory Crime
- Fatal Accident Inquiries
Proceeds of Crime and Asset Recovery:
Susan has considerable experience in this field having been a specialist in proceeds of crime for the Crown before calling to the Bar. She continues to be instructed in all aspects of proceeds of crime and assets recovery and has conducted proofs and debates for both the Crown and defence. She has particular interest in the interaction between the Proceeds of Crime legislation and company and insolvency law.
She is regularly instructed as defence counsel in international money laundering prosecutions involving cross border issues.
She has considerable knowledge and experience in all aspects of compliance, both civil and criminal, and has considerable experience in advising clients on the legal obligations created by the Proceeds of Crime Act and money laundering regulations. She has appeared for individuals and limited companies in the variation of restraint orders.
Susan has experience in the provision of advice, on behalf of both the Crown and defence, in relation to international mutual legal assistance.
Commercial Fraud:
Susan has been instructed in a number of commercial frauds including frauds involving government funding, VAT, charities and offences under the Companies Acts and insolvency legislation.
Statutory and Regulatory Crime:
Susan has wide experience of prosecuting and defending regulatory crime including:
- Road traffic prosecutions involving death;
- Offences under trading standards law, trades description, trademarks and copyright;
- Internet crime;
- Offences under terrorism legislation;
- Health and safety prosecutions; and
- Offences under Firearms legislation.
Fatal Accident Inquiries:
As Principal Procurator Fiscal Depute, Susan was responsible for the investigation of all deaths in the jurisdiction of the Procurator Fiscal at Hamilton. She conducted all fatal accident inquiries and prosecutions involving deaths. In particular she gained considerable experience of health and safety law and deaths arising out of lack of medical or nursing care.
In the Crown Office she was responsible for considering all cases involving deaths throughout Scotland. She liaised with Crown Counsel concerning appropriate decisions in cases and advised Procurators Fiscal throughout Scotland in the preparation and conduct of prosecutions involving deaths and fatal accident inquiries.
Susan's involvement in cases concerning sudden deaths has continued at the Bar and she has been instructed in all aspects of fatal road traffic cases including actions for damages.
PRIOR EXPERIENCE:
While a Principal Procurator Fiscal Depute, Susan acted as Head of the High Court Unit in the Crown Office dealing with the operation and management of the High Court of Justiciary in Scotland in conjunction with the Principal Clerk to Justiciary. She represented the Crown on a number of committees and organisations having involvement in criminal justice. She was actively involved in the drafting and implementation of legislation and liaised closely with the Scottish Executive and other agencies. She has an extensive knowledge of the workings of both the Scottish and Westminster administrations.
PROVISION OF PROFESSIONAL TRAINING:
While in Crown Office, Susan was responsible for the training and management of all trainee solicitors. She gave seminars on all aspects of the prosecution of crime in Scotland.
In addition, Susan provided training and written guidance to doctors in connection with their responsibilities to report sudden deaths.
She has lectured to all agencies involved in criminal justice at a national conference on the impact of criminal proceedings on victims and witnesses. She was involved in the development of practice and policy concerning the treatment of witnesses in court.
She has 15 years experience in prosecution and defence in all courts in Scotland and has examined and cross examined all categories of witnesses.
Susan is currently involved in the training of Health and Safety Executive officers in the preparation of cases for court and the giving of evidence in court.
PROFESSIONAL MEMBERSHIPS:
- Faculty of Advocates Criminal Bar Association