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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 14469
Experience:  30 years as a practising solicitor.
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I am facing a charge of breach of the peace - trial on 9

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I am facing a charge of breach of the peace - trial on 9 Dec. I am forced to conduct my own case. Mediators have suggested that the complainants may be interested in asking the PF to drop the charge but I am not so sure. I am confident of a not guilty result and am inclined to go ahead with citing witnesses with all the costs involved but can complainants ask a PF to drop the charge and if so how would they go about it?
JA: What were you charged with exactly? Do you have any upcoming court dates?
Customer: "..did behave in a threatening or abusive manner which was likely to cause a reasonable person to suffer fear or alarm in that you did act in an aggressive manner, shout and swear at...." complainants
JA: In what state did this occur?
Customer: Aberdeenshire, Scotland
JA: Anything else you want the Lawyer to know before I connect you?
Customer: It is a "their word against mine situation". The complainants are not independant of one another (man and wife)

Thanks for your question. I am a solicitor in Scotland. The complainers can ask the PF to drop the charge but it’s unlikely at this stage he will be inclined to do so because time and resources has been expended in the prosecution. However it is entirely up to the PF and not the complainers whether this happens. The PF has absolute discretion. Until you hear to the contrary you have to assume the trial is proceeding and prepare the case as normal. Do not cite your witnesses until after the intermediate diet and see what happens at that diet. I hope that helps. Please leave a positive rating so that I am credited by JustAnswer for my time.

Customer: replied 10 days ago.
Thank you for this information and I am very grateful for the advice on how I might proceed with regard to a best time (post intermediate diet) to cite witnesses (£81.16 a pop!) but I'd be grateful if you would look at the second part of my question which is how, if the complainers wanted the charges dropped, would they go about it? E.g., would they have to meet with the PF and give reason for the request?

They could contact the PF by letter, phone or try to get a meeting or speak to the PF in court at the intermediate diet. The best time to cite witnesses is the day following the intermediate diet because then you will know if the case is to proceed to trial.

Customer: replied 10 days ago.
Thank you but, in going about it, would they have to give reason/s

Yes, they would.

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