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My Godson is in police custody. He says he does not want to

 
JGM's Avatar
  • Answered by:JGM
  • Solicitor
  • Positive Feedback: 98.9 %
  • Accepted Answers: 4363
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in Scots Law

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Customer Question

My Godson is in police custody. He says he does not want to see family or friends because he is so embarrassed. The police say they cannot tell us where he is, what offence he is alleged to have committed etc.
Is there some way we can get a message to the young man? It would surely not be going against his expressed wish to not contact us if he were given a message from us.
I have sent a number of messages to his e-mail address. Is there some way in which we could ask for him to be shown them?
Would a solicitor be able to gain access to him?

 

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System of Law: England-and-Wales

Already Tried:
The various police departments but they refuse to tell us where he is or what offence he is alleged to have committed. They will not tell us if he is still being detained or whether he has been released.

Submitted: 303 days and 21 hours ago.
Category: Scots Law
Value: £40
Status: CLOSED
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Expert:  jomo1972 replied 303 days and 21 hours ago.


Jomo1972 : HiThank you for your question and welcome to Just Answer. I will try to help with this. Please RATE my answer ***3 STARS*** or above.
Jomo1972 : How old is he?
Jomo1972 : Can you respond?

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Expert:  jomo1972 replied 303 days and 21 hours ago.

Hi

Thank you for your question and welcome to Just Answer. I will try to help with this. Please RATE my answer ***3 STARS*** or above.

Why is he in custody?

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Expert:  jomo1972 replied 303 days and 20 hours ago.

Can you respond now?

Customer replied 303 days and 20 hours ago.

We have not been informed why he is in custody. He aged 21 He is being held somewhere in the Glasgow area but the police will give us no more information

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Expert:  jomo1972 replied 303 days and 20 hours ago.

Are you in England or Wales?

Customer replied 303 days and 20 hours ago.

I am in England but the young man in question is in Scotland. He is being held somewhere in the Glasgow area but the police will not tell us where.

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Expert:  jomo1972 replied 303 days and 20 hours ago.

I"m based in England and this is really a Scots law question.

I will have to move this to our Scots law section for you.

Customer replied 303 days and 20 hours ago.

O.K. But will that take long? Is your Scots law section available to help immediately?

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Expert:  jomo1972 replied 303 days and 20 hours ago.

I'm not sure how long it would take. I have sent the request in for you

Customer replied 303 days and 20 hours ago.

Thank you. Will they continue to alert me as you have done, to new questions etc ?

Customer replied 303 days and 18 hours ago.

I have heard nothing from the Scots Law section after a very long wait.

Accepted Answer

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Expert:  JGM replied 303 days and 17 hours ago.

Thank you for your question.

If your godson is an adult and if he has told the police that he wishes no contact from friends and family then the police will tell you nothing. You can ask to have a message passed on but they are not bound to give it to him.

A solicitor is entitled to see him but that solicitor must be instructed by your godson, not the family. If a solicitor instructed by the family turns up then he cannot be made to see that solicitor.

If he was arrested yesterday then he will probably appear at Glasgow Sheriff Court or Glasgow District Court this afternoon.

You could try calling the criminal department of the court 0141(NNN) NNN-NNNNto find out if he is due to appear.

I appreciate that this is not all you want to hear but if your godson has elected not to have anyone informed of his arrest and detention then that is his right.

Expert TypeSolicitor
Category: Scots Law
Pos. Feedback: 98.9 %
Accepts: 4363
Answered: 6/22/2012

Experience: 27 years as a practising solicitor.

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Customer replied 298 days and 20 hours ago.

Further to my previous question, my Godson was charged with attempting to pervert the course of justice.Basically he had given a false name and address to the police. He pleaded guilty and was released on bail. Apparently, the Procurator Fiscal needs to be convinced that there is no point in continuing with the case against my Godson. It has been suggested that a medical report attesting that his behaviour was totally out of character would be helpful.From whom could such a report be obtained? What exactly would the Procurator Fiscal need to be shown? In the meanwhile, is the lad free to travel within the U.K. and abroad? Under what circumstances could he be re-arrested? He is now completely reconciled with his family and is anxious to do the right thing as far as the courts are concerned.

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Expert:  JGM replied 298 days and 19 hours ago.

Any medical report would be from his GP or if he is receiving specialist treatment, from the physician concerned.

It may also be helpful to get a couple of character references from an employer, minister, teacher etc.

He is free to travel within the Uk and beyond as long as this does not breach any specific bail condition. He will have been given a written note of the bail conditions he is subject to.

It could be the case that the PF will elect not to proceed if he is a first offender and there may be nothing more than a warning letter issued. That is entirely within the discretion of the PF.

I hope that this helps. Please leave positive feedback so that I am credited for my time.

Customer replied 296 days and 18 hours ago.

I rate your reply as excellent. Thank you very much.

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Expert:  JGM replied 296 days and 17 hours ago.

Many thanks. Don't forget to press the rating button.

Customer replied 293 days and 21 hours ago.

I'm a little confused. I have rated your reply and have paid a bonus. I am not sure why you are still asking me to rate the answer.

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Expert:  JGM replied 293 days and 21 hours ago.

Ignore it. There is a new rating system in place which we are still getting used to.

That you for your rating and kind bonus. Do not respond further and the system should close the thread.

 
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