12 year old accused

[sadnessprevails]

Hi all. my username says it all really...

A friends nephew who is only 12 has been accused of raping another 12 year old in October this year...

I wont go into exact detail but basically the girl started to tell all her friends that this happened in October, as chatter spreads like wildfire you can imagine other children started calling the boy rapist etc resulting in him skipping school. The mother of the accused knew that he was skipping school but did not realise what for. She only just found out becuase the police turned up at the door demanding to speak with the child and even then she did not know what for as the police wouldnt say why they wanted to speak with him. The child was not in so the police asked that they both attend the police station on Thursday night to go over the accusations.

From a brief chat with the mother it seems that the girl asked the accused 'out' but he refused and this is where it stems from. The accused said that he has never been alone with this girl, anywhere or anytime.

As you can imagine the mother is distraught, traumatised etc by this and just doesnt have a clue what to do. Being a single parent who only works part time she cannot afford a 'good' solicitor (dont think she would get legal aid or whatever it is called) so needs all the help and advice possible, especially about what to do when she visits the police station on Thursday.

Thanks in advance

[Rights Fighter]

The mother would not get legal aid as she is not the accused. If the lad is charged then he will be entitled to public funding (the old legal aid).

They MUST have an experienced solicitor in attendance at the police interview. Which county are they in?

[sadnessprevails]

The mother would not get legal aid as she is not the accused. If the lad is charged then he will be entitled to public funding (the old legal aid).

They MUST have an experienced solicitor in attendance at the police interview. Which county are they in?

Thanks for the reply. They are located in the Scottish borders. When you say the lad would be entitled to public funding when charged. Does that mean before he is charged he would not be. I take you don't recommend the duty sol then

[Rights Fighter]

Are you saying that they are in Scotland? The laws are slightly different there .....

Some duty solicitors are absolutely fine and others are used to defending ABH and TWOC (minor offences) and have no idea when it comes to false allegations.

[sadnessprevails]

Are you saying that they are in Scotland? The laws are slightly different there .....

Some duty solicitors are absolutely fine and others are used to defending ABH and TWOC (minor offences) and have no idea when it comes to false allegations.

Hi, yes located in Scotland

[Casehardened]

yes located in Scotland

Hi,

As RF says, the situation in Scotland is different to England. Legal aid isn't granted automatically but is, to all intents and purpose, means-tested. Equally, as RF pointed out, it is the 12 year old who is the accused and he is unlikely to have any significant means!

In any case, the application for legal aid must be made through a solicitor so the crux is finding a suitably experienced one. We have had members from Scotland, hopefully if they are still around they may see your post and come up with a recommendation for a suitable firm, otherwise it will have a trawl through websites.

Edit to add: that I believe the law in Scotland has recently changed so free legal advice at the time of first arrest and interview is now available (but please check locally)

[LS]

Yes, it's the Cadder Ruling, which was in the news yesterday.
http://www.bbc.co.uk/news/uk-scotlan...-west-16256480