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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 9973
Experience:  30 years as a practising solicitor.
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My son and his two friends were accused of an alleged assault

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My son and his two friends were accused of an alleged assault by a girl at a house party. All three were questioned and released. This girl made the allegations about ten days after the party,she told police there were three people there albeit there were more people there.the story is a total fabrication. My son was questioned on 26th April by police and we've not heard anything since. If they are referring to the procurator fiscal would they not need to interview the other people at the party? As one of the boys accused girlfriend spoke with this individual.
Thank you for your question.

The police would normally interview the witnesses that are named in the course of their enquiries. If that doesn't happen and the witnesses are later called by the defence then the police and the procurator fiscal would rather stupid for not doing so.

Are you saying that the police have been told that only the girl and the three boys were at the party? If your son and the other two say otherwise then the police should investigate that and take statements from other witnesses.

Happy to discuss further.

I hope this helps. Please leave a positive response so that I am credited for my time.
Customer: replied 3 years ago.
My son and his two friends told police at time there were other people at the party, the girl left to get a taxi missed the taxi came back to the party and had a conversation with my sons friends girlfriend. She stayed at the party and left later. Surely if this girls allegAtions are to be believed then everyone at the party would require to be interviewed. Also how long have the police got to send a case to the procurator fiscal
Either everyone at the party or everyone who is likely to have witnessed any incident. Yu would have thought so but the police won't always do that. That's why the preparation of a defence for an accused person is important.

As far as time limits, assault is a common law crime. There is no time limit on the investigation and prosecution of a common law crime.
Customer: replied 3 years ago.
Would the police always refer to the procurator fiscal or if they think there is not enough evidence could they make the decision not to refer the matter
The police will not refer the case if they consider there is insufficient evidence to do so.
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