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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11551
Experience:  30 years as a practising solicitor.
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Writing a book. Need to know specific outcome of situations.

Customer Question

Writing a book. Need to know specific outcome of situations. All situations take place in Scotland. 1. During a public sports game, a Scot with a public reputation/history of being violent, assaults an American. The American's injuries are as follows: two black eyes, an eye socket fracture, a broken cheekbone from the same side, a broken nose, a broken lower jaw, three missing teeth, a concussion, and possible brain damage. The Scot would have continued the beating, possibly killed, if he had not been pulled off the American. The Am. charges the Scot, brings to court. Would this be assault or something more serious? What court would this be held in, Sherrif or District? Summary or solemn? Max/estimated imprisonment time and/or fine if any? 2. Shortly after the same Scot threatens to kill a family. He murders man but there is no forensic/physical evidence or witness to prove this. Wife brings to court. Which court would this be tried in? Would the verdict be not proven? Would the Scot 'get away' with the murder without evidence, or be charged with a lesser crime (threat)?
Submitted: 2 years ago.
Category: Scots Law
Expert:  JGM replied 2 years ago.

1. This would be attempted murder and would be prosecuted under solemn procedure. The person would be examined by a sheriff and then remanded for trial at the High Court of Justiciary. With a previous record and no mitigating circumstances the sentence could be 5-7 years. 2. If there is no evidence then the charge would be not guilty as the case would never get to a jury and would be thrown out by the judge on a motion by the defence that there is no case to answer.

Customer: replied 2 years ago.
1. So just to clarify, because I am not very familiar with legal terms, what is the process? Is he automatically taken into custody immediately after it happened? Then he would be sent where to be examined by a sheriff? Then after that, a day is scheduled for him to appear at the High Court? And there would be no bail, correct? If you could just break down the exact sequence of events, thank you.
2. So, the man would be brought before a judge and after the case being described, the judge dismisses it, and that's the end of it? Again, please clarify a bit more for me. Thank you.
Expert:  JGM replied 2 years ago.

1. Police arrest and take into custody. Person taken to sheriff court and appears in private. Bail would normally be refused and the person remanded in custody for trial at the High Court of Justiciary. 2. In this scenario the person would plead not guilty and a trial would be held. After the prosecution witnesses have been heard the defence advocate will make an application to th judge that ther is insufficient evidence and no case to answer. If the judge agrees the case is dismissed by the judge without the case proceeding to the defence case or given to a jury.