In response to a rise in organised agricultural crime across Scotland, law enforcement authorities have stepped-up their efforts to tackle these offences – in particular the key crime of rural theft. Police personnel are increasingly using technology to detect suspects, while the Crown Office and Procurator Fiscal Service (COPFS) have shown their commitment to using extensive powers to recover money and assets when prosecuting.
If you have been arrested or charged with a rural crime involving organised criminality, it is vital that you have an experienced criminal defence solicitor by your side. Your legal team will ensure your rights are protected and that the police and prosecuting authority do not act beyond their powers during investigations and court proceedings. As your solicitor, we will mount a strong and strategic defence to the charges against you and be persistent in achieving the best possible result for you.
It is important to seek specialist legal advice without delay; the sooner you do, the better the outcome is likely to be. With over 30 years’ experience defending individuals in serious, high-value and complex cases, we can help you. Contact Keith J Tuck today.
It was recently reported that serious organised crime groups are increasingly “targeting and influencing rural crime” in Scotland, and this has resulted in a sharp rise in the cost of these offences. Rural theft is largely responsible for this spike, with high-value items, such as farm vehicles, machinery, fuel and livestock, being targeted. It is believed criminal groups are using drones to scope out rural properties and opportunities for theft. Further, there is evidence that the number of incidents has increased during the coronavirus pandemic.
Agricultural crime is now a higher priority for law enforcement agencies in Scotland due to a recognition of the increasing involvement of organised crime groups and the far-reaching impact these incidents can have on individuals, businesses and communities. Accordingly, specific measures have been taken to improve the response to rural crime.
The Scottish Partnership Against Rural Crime (SPARC) was established in 2019 to address some of the challenges of detecting offences committed in remote areas. It combines the efforts of COPFS and Police Scotland along with several other relevant organisations, including the National Farmers Union. By working collaboratively, SPARC aims to enhance intelligence gathering and enforcement capabilities concerning rural crimes.
One of Police Scotland’s responsibilities under the SPARC strategy is to reduce farm machinery theft. Consequently, officers have begun using advanced drone technology to detect and disrupt criminal groups on Scotland’s rural road networks and to locate stolen vehicles and other property.
Meanwhile, in 2015, COPFS updated its agricultural crime policy to specify that all cases involving organised crime will be assigned to specialist prosecutors within the Proceeds of Crime Unit. The Unit will make use of extensive authority under the Proceeds of Crime legislation to recover illegally obtained money and assets.
With this increased focus on tackling agricultural crime, more individuals will likely come under investigation for alleged illegal conduct and be prosecuted. If a conviction follows, sentencing could also be tougher.
If you are arrested or charged with a rural offence as part of a serious organised crime group, the police and COPFS will use their far-reaching powers during the investigation process and any subsequent prosecution. This could mean that any benefit (assets and money) you are believed to have gained from criminal conduct can be frozen while proceedings are ongoing, and could ultimately be the subject of a confiscation order if you are convicted. Further, if you are convicted of a criminal lifestyle offence – where you are deemed to have benefitted from illegal conduct over an extended period – the court can assume that any benefit you received in the previous six years has been obtained illegally and, therefore, can be recovered.
These powerful enforcement tools can be daunting for those facing allegations of organised crime. If they are used with full force, they can have a significant impact on your livelihood and reputation. That is why you must seek advice and representation from a reputable criminal defence lawyer.
At Keith J Tuck, we are committed to protecting our clients’ rights. Throughout the investigation and any court proceedings, we will examine the evidence thoroughly and challenge any instances where we believe the enforcement agencies have acted beyond their powers. We will seek to contest, vary or discharge investigative or enforcement orders imposed on you to minimise their impact as far as possible.
We urge you to contact a criminal defence lawyer with experience in defending serious and complex cases at the earliest opportunity. Our solicitors are available around the clock. We can start advising you from the moment you are interviewed by the police and at any point after that. If your case is taken to court, we will provide strong and effective representation.
We understand how unsettling these matters can be and that you may have concerns about what could happen to your finances and property. We are here to remove any uncertainty from the process and to protect your rights and interests.
We provide expert advice and court representation to both privately funded and Legal Aid clients. We are available 24 hours a day, 7 days a week. Our criminal defence solicitors support clients from Glasgow and the surrounding areas. Call us now on 0141 473 6832 or contact us via our online contact form.
At Keith J Tuck Solicitors, we are committed to protecting and respecting your privacy.
This Policy explains when and why we collect personal information about people who instruct us or visit our website, how we use it, the conditions under which we may disclose it to others, and how we keep it secure. Our website is presently being updated to include a link to this policy.
We may change this Policy from time to time so please check our website occasionally to ensure that you are happy with any changes. By continuing to instruct us, or by using our website, you are agreeing to be bound by this Policy.
Any questions regarding this Policy and our privacy practices should be sent by email to, This email address is being protected from spambots. You need JavaScript enabled to view it. or in writing to Keith Tuck, Keith J Tuck Solicitors, 254 Saracen Street, Glasgow, G22 5LF.
How do we collect information from you?
We obtain information about you when you use our website to make contact with us, when you contact us for advice, and during the course of your case when you instruct us.
What type of information is collected from you?
The personal information we collect might include your name, address, date of birth, national insurance number, telephone number, email address, IP address, bank account details. This is not an exhaustive list.
How is your information used?
We may use your information to:
Keith J Tuck Solicitors is registered as a data controller within the meaning of the Data Protection legislation. Information about your case will be stored in a paper file and on a secure electronic case management system. We will process your personal data in accordance with current data protection legislation and applicable guidance.
At the end of the case, we will retain your file for a period. In the case of paper files, the period of file storage will depend upon the nature of the case, in accordance with Law Society of Scotland guidelines. Alternatively, your file may be scanned electronically; the paper file would then be securely destroyed, and the electronic copy stored for at least ten years, again in accordance with Law Society of Scotland guidelines. The legal status of electronic copies of principal documents is not settled; principal documents (such as certificates) will be returned to you on completion of the case, and we would recommend that you take steps to store these safely.
Who has access to your information?
Information passed to us is confidential and will not be disclosed to third parties unless authorised by you or required by law, for example, by a court order or for the purposes of prevention of fraud or other crime.
Third-Party Service Providers working on our behalf:
We may pass your information to our third-party service providers, agents subcontractors and other associated organisations for the purposes of completing tasks and providing services to you on our behalf (for example remote digital document production). However, when we use third-party service providers, we disclose only the personal information that is necessary to deliver the service and we have a contract in place that requires them to keep your information secure and not to use it for their own direct marketing purposes. Please be reassured that we will not release your information to third parties unless you have requested us to do so, or we are required to do so by law, for example, by a court order or for the purposes of prevention of fraud or other crime.
We may transfer your personal information to a third party as part of a sale of some or all of our business and assets to any third party or as part of any business restructuring or reorganisation, or if we’re under a duty to disclose or share your personal data in order to comply with any legal obligation. However, we will take steps with the aim of ensuring that your privacy rights continue to be protected.
Your choices
You have a choice about whether or not you wish to receive information from us once your case is at an end. We consider that it may be useful, from time to time to invite you to review your legal affairs, unless you advise us that you do not wish to receive this communication.
We will not contact you for in these circumstances by email, phone or text message unless you have given your prior consent. Consent will be requested upon conclusion of your case.
How you can access and update your information
The accuracy of your information is important to us. If you change email address, or any of the other information we hold is inaccurate or out of date, please email us at: This email address is being protected from spambots. You need JavaScript enabled to view it. or in writing to Keith Tuck, Keith J Tuck Solicitors, 254 Saracen Street, Glasgow, G22 5LF Alternatively, you can telephone 0141 336 202.
You have the right to ask for a copy of the information Keith J Tuck Solicitors hold about you.
Security precautions in place to protect the loss, misuse or alteration of your information
When you give us personal information, we take steps to ensure that it’s treated securely. Non-sensitive details (your email address etc.) are transmitted normally over the Internet, and this can never be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, we cannot guarantee the security of any information you transmit to us, and you do so at your own risk. Once we receive your information, we make our best effort to ensure its security on our systems.
Use of 'cookies'
Like many other websites, the Keith J Tuck Solicitors website uses cookies. 'Cookies' are small pieces of information sent by an organisation to your computer and stored on your hard drive to allow that website to recognise you when you visit. They collect statistical data about your browsing actions and patterns and do not identify you as an individual. This helps us to improve our website and deliver a better more personalised service.
It is possible to switch off cookies by setting your browser preferences. For more information on how to switch off cookies on your computer, visit our full cookies policy. Turning cookies of may result in a loss of functionality when using our website.
Review of this Policy
We keep this Policy under regular review. This Policy was last updated in May 2018.
If you have shared private images of another person, you may be concerned about the consequences. You are not alone.
In recent months, the number of people looking for advice and assistance with regards to 'revenge porn' has doubled. The online advice pages from Citizens Advice Bureau concerning revenge porn have risen dramatically from 13,000 views in the first half of 2019 to 30, 000 views in the following six-month period. This could be an indication that more and more people are threatening to report incidences of revenge porn with others becoming more concerned about their actions concerning sharing intimate images.
So what is the law in Scotland around revenge porn and what might happen if you have shared private photos without consent?
The Abusive Behaviour and Sexual Harm (Scotland) Act 2016 makes it a criminal offence to share intimate images, videos or other content without consent. It is not a crime, however, for consenting adults to send videos or pictures privately to one another.
The law applies when one party sends privately received images or videos to another person without the consent of the sender. This includes uploading them to any website or social media platform or threatening to do so.
It is also possible for behaviour relating to revenge porn to be prosecuted as domestic abuse because it can be used as a means of controlling a partner or ex-partner. If the personal details of the subject of the images or videos are shared, this may result in harassment.
To be convicted of the offence, you must have intended to cause distress, fear or alarm to the subject of the image or video or have acted recklessly where this was a foreseeable result of your actions.
It is not a crime to share an image or video where it is already in the public domain. For example, when an individual uploads an intimate photo or video to their social media account, it is not a crime to share this.
Generally, 'intimate' photos or videos can fall within the scope of the law. Photos or videos are defined as "intimate" if they show:
Content which falls within the scope may be:
The law does not cover emails and texts which do not contain images or videos. This means that you cannot be prosecuted under revenge porn law for sharing screenshots of 'sexts'. However, you could be prosecuted under another law, if your actions amount to threatening or abusive behaviour.
Generally, when an intimate image has been sent to you privately, most senders do not wish or expect for the image to be shared. You should treat any photos or videos you receive from a partner as private and should not show them to others or upload them.
You should not force, coerce or blackmail anyone into sending intimate images or videos, as this against the law.
There is a defence available in revenge porn cases if the subject of the images or videos has consented to them being shared, or where you held 'reasonable belief' that the subject had consented. You will need to be able to provide evidence of this to prove this defence in court.
There is also a defence available where the person in the image or video chose to publicly put themselves in an intimate situation - the most common examples being naked protesters and streakers.
There are specific laws to protect under-18s, and it is a criminal offence to take, share, make or keep an indecent photo which includes a child under the age of 18. If you are aged under 18, and you share an image of another person aged under 18, there is a defence available. 16- or 17-years olds who take and share intimate photos privately are not breaking the law, so long as these are not shared with anyone else.
In the first instance, you should seek the advice of a specialist criminal law solicitor. You may be eligible for legal aid to fund your case.
They will be able to advise you whether you have broken the law, if you are likely to be prosecuted and if there are any defences available to you. If you are charged with an offence related to revenge porn, the police may take away your mobile phone, tablet, laptop or computer to conduct an investigation. We can advise you on your rights and the powers of police during this time. If you are arrested, contact us right away as we can advise you fully, and visit you in custody to discuss your case.
Keith Tuck Solicitors are highly experienced criminal law and sexual offences solicitors, including revenge porn. Our lawyers regularly handle sensitive and highly complex cases and handle large amounts of evidence. We provide our high-quality services to both privately funded and Legal Aid clients. We know you may need our advice urgently, and outside of regular office hours, so we operate a 24 hour, seven days a week service. Our criminal solicitors serve Glasgow and the surrounding areas. Call us today on 0141 336 2020 or contact us via our online contact form.
You will no doubt be aware of the General Data Protection Regulations (GDPR) which came into effect on 25 May 2018. Like many other businesses, we have reviewed every aspect of our operation to ensure that we are compliant with this new regulatory landscape.
Part of this compliance requires an update to our standard terms of business and, as a valued client of Keith J Tuck Solicitors, we are writing to inform you about these changes. Your existing terms of engagement with Keith J Tuck Solicitors have been updated to include reference to the firm’s privacy policy regarding how we collect, store and handle your personal data.
What this means for you
You can be assured that Keith J Tuck Solicitors complies with the GDPR and, therefore, we process personal data in accordance with data protection legislation and our own privacy policy, which is attached.
The new terms
The new standard terms of business will be deemed to take effect on 25 May 2018. The new Standard terms now include the following information regarding Data Protection.
By continuing to instruct us after 25 May 2018, we shall proceed on the basis that you have accepted our updated standard terms.
Should you have any questions regarding the updated standard terms, please contact Keith Tuck in the next 30 days.
If you have been arrested or charged with any criminal or legal matter
or call us on 0141 336 2020
