I know the legal system is different in Scotland but this is all very bizarre.If an accusation has been made I would have expected that you would have been arrested and questioned under caution.The police would then take witness statements and if they think there is enough evidence send the case to the CPS(in England)The CPS prosecute in a criminal court not an individual.Have you ever been questioned?
House Advice part 2
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No. I was given a recorded warning because they wanted me charged. They now went and given more bulll to the police who have cancelled this and sent it to the PF. The charge sheet is all wrong, it said I was cautioned I was not, given a warning and told it wouldn't go to the PF
Seek advice @Ineedhelp from a solicitor dealing with criminal matters.
I don't know the position in Scotland, but in England if a case got to court, and it turned out that the accused had not been properly cautioned in person (not a recording which would not be allowed in England), then they can't have been properly charged, and case would have to be dismissed on account of lack of due process.
You do need advice, and I would suggest if it goes to court, you need representation.
You do not need to warn prosecution in advance that you will be pleading lack of due process to get case dismissed and request costs for your time and trouble from the other side. The prosecution are, at least in England, bound in law to disclose in advance of any hearing the evidence upon which they rely.
I don't know the position in Scotland, but in England if a case got to court, and it turned out that the accused had not been properly cautioned in person (not a recording which would not be allowed in England), then they can't have been properly charged, and case would have to be dismissed on account of lack of due process.
You do need advice, and I would suggest if it goes to court, you need representation.
You do not need to warn prosecution in advance that you will be pleading lack of due process to get case dismissed and request costs for your time and trouble from the other side. The prosecution are, at least in England, bound in law to disclose in advance of any hearing the evidence upon which they rely.
Who are they??Your siblings can’t make the decision to charge you.And what is a recorded warning?And when was this given?Not being awkward here but it’s difficult to work out what exactly has happened
As others have said, I find this whole thing utterly bizarre. I have no idea why the police would be interested in resurrecting issues that took place in 2019 with no fresh evidence to produce. Even more bizarre is why the Procurator Fiscal would be involved. You need a damn good solicitor, @Ineedhelp, and you need to keep your head down where the TTs are concerned. No rising to the bait, no communication, no nothing unless it is through a solicitor. Please try to forget past history where your late father is concerned and other reasons why your sisters wish to harm you. Concentrate on what is happening now and try not to worry too much. They both sound dangerously unbalanced which is why I don’t understand why the police are even entertaining them. You’d think they could make better use of their time.
isnt a warning a caution. i know you have to hear the caution but i think this is like a warning about future conduct called a caution. this is then put on your record and can be raised when you have your dbs check when going for new job.
Hi All,
Just want to make everyone aware, I found an email that I have sent my solicitor after this event. The older one texted me after this day and told me that the police had told them that I had health issues. I contacted the police and they said they didn't. As I mentioned prevously I have got all the emails from 2019, where they talk about getting me locked up.
In addition to this the older idiot went into my lawyers on Monday and said that I have run a bill with this company called Utility providers. I have never heard of this compnay , while in the house I used British Gas for energy and gas. She also complained that me and my niece left twenty bags of clothes. We didn't I left two bags and furniture I wasn't going to take.
Just want to make everyone aware, I found an email that I have sent my solicitor after this event. The older one texted me after this day and told me that the police had told them that I had health issues. I contacted the police and they said they didn't. As I mentioned prevously I have got all the emails from 2019, where they talk about getting me locked up.
In addition to this the older idiot went into my lawyers on Monday and said that I have run a bill with this company called Utility providers. I have never heard of this compnay , while in the house I used British Gas for energy and gas. She also complained that me and my niece left twenty bags of clothes. We didn't I left two bags and furniture I wasn't going to take.
No. It is a firm. I used British Gas .
No. It is a firm google it. I used British Gas for heating and electricty while in the house
The offence they are referring to took place in August last year. I didn't do this.
Your sister has no right to be approaching your lawyers with complaints about you. I would hope that this would have been made clear to them by the firm you are employing. In addition, it’s hardly a criminal matter so I doubt the police would be interested. Your family are sabre rattling because they know they can intimidate you. Like the previous court case over the house, it’s unlikely to come to anything because any evidence seems to based on hearsay rather than fact. I very much doubt the Procurator Fiscal would be wasting his/her time over a civil matter of dubious foundation.
Try to ignore it.
Try to ignore it.
Hi All,
I went to my solicitor and told him my recollection of the events. There seems to be uncertain about the chain of events. He told me that I do not appear in the case at the end of Jan, but will have to go further on.
I feel, a little bit better but some friends have offered to appear as character witnesses. I have asked my GP for my notes to show all the intimadation and visits and mental health etc.
I went to my solicitor and told him my recollection of the events. There seems to be uncertain about the chain of events. He told me that I do not appear in the case at the end of Jan, but will have to go further on.
I feel, a little bit better but some friends have offered to appear as character witnesses. I have asked my GP for my notes to show all the intimadation and visits and mental health etc.
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