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JGM , Solicitor
Category: Scots Law
Satisfied Customers: 9830
Experience:  28 years as a practising solicitor.
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i was detained by police Scotland 8 weeks ago regarding an

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i was detained by police Scotland 8 weeks ago regarding an alleged assault that happened nearly 2 years ago. I was interviewed where I answered no comment to every question and at the end was released without charge pending further enquiries. The allegations seem to have been made against another person and I who have been named as being in the vicinity by several people. From what I can tell only the 'victims' have actually named us as the culprits. Unfortunately the incident was not caught in CCTV as this would clear us both. Given the fact we were named as being in the area by independent witnesses, named by the victims, the victims have injuries to back up their story and we are probably on nearby CCTV then I would assume this would be a sufficient level if corroboration for the police to charge me, is this the case? As the police didn't charge me would there be any other reason for this apart from lack of evidence? The other person has not been traced by policein over two years despite the fact he lives locally, possibly due to the fact he has no criminal record. Should I ask him to go to the police or is this a bad idea? Would the police wait until both if us are traced before charging or would I have been charged anyway? Is it safe to assume that 8 weeks after interview that the matter has been dropped? Would they tell me if it was dropped?
Submitted: 3 years ago.
Category: Scots Law
Expert:  JGM replied 3 years ago.
Thank you for your question.

If there is CCTV evidence and the evidence of witnesses then there is corroboration. However, whether there is credible evidence is a different matter. The police may not have charged you if they don't think the witnesses will be believed.

If there was sufficient credible evidence the police would in all likelihood have charged you.

I don't think the other person would be wise to go to the police in the event that the police set up an ID parade, for example. There is no reason or incentive for him to come forward voluntarily.

Whether you are charged or not would have nothing to do with him.

I is not safe to assume that after eight weeks the matter has been dropped and they would not normally tell you if they were proceeding or referring to the procurator fiscal.

I hope this helps. Please leave a positive response so that I am credited for my time.
Customer: replied 3 years ago.
Thanks for your answer, just need some clarification on a couple of points if that's ok?

Guess the main thing I was worried about was that the police would wait until both of us were traced before laying charges. From your answer it seems like they wouldn't do this, is this the case?

If the police decide not to report to the fiscal would the let me know this?

Finally, could you think of any reason the police have not spoken to the other person. Understand he might be slightly harder to tracevas he has no record but surely they could manage to find someone local in a 2 year period?

As I wasn't spoken to until after a long time since the incident took place I can't remember everything leading up to the incident, is it ok to be honest about this in court, or should I just answer no comment to questions I can't remember?
Expert:  JGM replied 3 years ago.
I can think of no reason why they would wait until you were both traced until charging. It is not unusual for a charge sheet to refer to "acting with person or persons unknown".

The police would not necessarily tell you if they were not proceeding with a report.

I can't speculate on why they haven't traced someone local other than the fact that they might not have a name and if there is no record there will be no evidence of fingerprints or DNA on file.

Finally, in court if you can't remember something you are best to say so rather than reply no comment.
Customer: replied 3 years ago.
Hi, the police do have the other persons name as they mentioned it at the interview. Can the police drop something before they send a report to the fiscal, and would they inform you if this was the case? How long do you think I should be concerned about this for?
Expert:  JGM replied 3 years ago.
The police decide whether to send a report to the fiscal.

Given the age of this matter I can't answer how long you should be once rend about it as I have no information as to why it is being investigated after so long.
Customer: replied 3 years ago.
hi. Apologies just one more question. You mention the police may not tell me if they arereporting to the fiscal or dropping the case. Can a report be sent to the fiscal without someone being charged?
Expert:  JGM replied 3 years ago.
Yes, and the fiscal then decides whether to issue proceedings by way of a criminal complaint which you would be served with either by post or by the police.
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 9830
Experience: 28 years as a practising solicitor.
JGM and other Scots Law Specialists are ready to help you

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