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Criminal charges under Scottish process

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  • Criminal charges under Scottish process

    My partner, prior to meeting him, has been accused of sexual assault. he was under the influence and can’t remember anything happening. His solicitor advised no comment during the interview and charges were made, bail set and the start of a court process has begun.
    A not guilty plea has been entered but he’s got no info about how it’s got to this stage-so no info on evidence, witnesses etc. The plea was entered a month or so ago and there’s a hearing for an intermediary diet (if correct) with a trail date a month or so after. Waiting on a meeting with his solicitor but he’s never been through court proceedings before so would be good to know how to prepare.
    He’s now been asked to go to a line up, a letter direct from the police. Surely a line up should have been done before a case was presented to be strong enough for court?
    can anyone give some clarity on the process and how best to request information for a defence? He was intoxicated when arrested so some details may have been omitted. He’s adamant he never admitted guilt to any of the officers.
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  • #2
    He really needs to speak to his solicitor. The solicitor will perhaps not have received disclosure yet but they should be aware of the evidence generally.

    In respect of the ID parade: the police cannot just force someone to attend for this. It is often the Crown who seek a s267B order and the court will grant this (normally when the case first calls). This means that the accused person must attend at the police station when given the required notice (either 24hrs or 72hrs).

    I understand this reply is quite late in the day. Get your partner to speak to his solicitor. Perhaps, given the nature of the allegations, he is omitting certain details from you?

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