New to this ...Help...advise...what to do? Scotland

[YearsOfHell]

Jumping in here......

I wasn't around when you were busy on here so I'm kinda jumping in on your thread!!
But I love giving out these dancing bananas!!

[Casehardened]

Hi CGU,

As you say what a nightmare you both have endured and well done for coming out at the other end

Thanks for taking the time to update the forum with your outcome and your thanks to the members mentioned will be especially appreciated by them, hopefully you will be able to look in from time to time as your knowledge of the Scottish system will be very valuable.

[cantgiveup]

Thanks all, and Casehardened I am more than happy to pass on any knowledge of the Scottish system to any members. I will check in every now and again, but if anyone ever wants to contact me, please feel free to send a PM.

To be able to imagine things in the future and make plans will never be taken for granted by myself or my partner again.

Best wishes to all xx

[frightened spouse]

Hi Can'tgiveup

Really, really pleased to hear your update .


I completely agree with CIGW even though it is over it can take a long time to recover. I can honestly say it's taken me over 12 months to feel anything like the person I used to be or do the things I used to do, so be kind to yourself and do things at your own pace.

[Casehardened]

Thanks all, and Casehardened I am more than happy to pass on any knowledge of the Scottish system to any members. I will check in every now and again, but if anyone ever wants to contact me, please feel free to send a PM.

To be able to imagine things in the future and make plans will never be taken for granted by myself or my partner again.

Best wishes to all xx

Thank you for the kind offer re.pm's, will bear it in mind!

[AmandaF]

A question !!

Can you be tried for an offence to which you have never been formally charged??

[Rights Fighter]

In England you can if it's already at trial - they can add them to the indictment and then arraign you on it........

[AmandaF]

You mean it can be sprung on the accused at the last minute, with no prior knowledge whatsoever? We've both asked the defence sol about this over and over aaand we still never got an answer!

[Rights Fighter]

Many years ago I was involved with a family where hubby was up for trial for indecent assault. On the first day of trial the complainant's best friend said (along the lines of) "you forgot to say you were raped".

Trial was stopped so she could be ABE interviewed. She had had a medical by then and she was found to be a virgin, so she said it only went in "half a centimeter". As she alleged that penetration had occurred no matter how slight, that was then added to the indictment. He got 12 years for that alleged rape that she had completely forgotten about until her friend reminded her....... of course that would have whacked on another £16K onto the tax payers contribution for her "compensation".

Also I've seen trials where the counts on the indictment (charges) changed - for instance sexual assault over clothing can become SA under clothing when the accuser forgets what she said in her/his ABE.......

[AmandaF]

In our case, 3 days before the trial was due to begin I was handed my charge sheet with this new charge from a different complainant. My partner had no prior knowledge of it. He thinks the sol messed up. I think it was "hidden " by whoever. It was not on any statements we had seen when we we were originally called to read them in august 2014 even though the complaint was made in november 2013. The whole case, like everyone else's . stinks

[Rights Fighter]

In English law I don't think that could happen as you would have had the right to be interviewed as it was a different accuser. That might need checking hon

[AmandaF]

Oh we've tried!! All we get is jargon that neither of us understand. I think it's time to change solicitor, see if we can get someone else to review the case as there were so many omissions. The sol's secretary even "forgot" to inform us we had a plea diet until 5 days before, when we got a reminder email. We were told by a police officer friend that the only way a charge can be brought up at trial is if it's already been answered and lies on file. Or something!! My other half now thinks he's not taking on the appeal in order to cover up his mistakes. I have to say it's starting to look that way.

[Rights Fighter]

That wouldn't surprise me at all.

I am soooo sorry I've not rung you but I've had a few things crop up. I know of a fab barrister who now lives in Scotland but is licensed to practice in England and NI. I don't know about Scotland. I'll email him (you might need to remind me about that as I've got a lot on)

[edinguy]

Hi all, there are sadly lots of new faces since I first posted here over two years ago. I wish you all the very best and hope your own nightmare is over soon and justice is done for you.

My partners case finally came to trial at the end of April and after 5 agonising days he was found 'not proven' and acquitted.  not proven was not the verdict I wanted as I felt it would leave an element of doubt in people's mind, but after experiencing the horror of trial not proven is just what it is. Not proven,the burden of proof is on the prosecution and there was not evidence to convict. The only evidence in fact was 'the word' of the complainer. We did not present any defence case, we had no defence witnesses (I was a prosecution witness!) the prosecution barrister actually said when summing up that although the complainer had been proven to not to be credible in some of her evidence 'so what' it did not matter. All that mattered was the actual few minutes they were alone and who they believed, my partner or her?!

Anyway, it is all over for us, I will try and pop in and offer support when I can but my mental and physical health has taken some battering the last two years and for now I am concentrating on getting well again.

I would like to thank everyone here who offered me support, advise and most of all hope especially can it get any worse, my home, frightened spouse and especially lawlessness one for his Scottish input.

Hope you all stay strong and continue to fight, it is hard and energy sapping but that positive outcome is out there and there are people out there too who believe in you ️Xxx

So pleased for you that your ordeal is finally over.

I hope now you and your family can move on with your life and leave all this behind you.