scotland - charged but liberated before court

[notmyname]

Hi guys,

About 4 months ago my man was arrested/charged(sexual assault). Spend the night in a police cell and went to court the next day. But was 'liberated' before appearing in court. Our lawyer said case was dropped as there's no case...but he couldn't say categorically they police will not come back. Our lawyer was good, and gave us reassurance but he was a quiet man by nature and I really needed him to say THIS IS OVER!!! We had evidence we wanted the lawyer to present to the police to try and get NFA. But he said we would never get an NFA as they leave cases open so if in eg 5/10/20 years time should another accusation be made, then the police only need the 2 accusers statements to prosecute ie they wouldn't require any more evidence.

4 months down the line the fear has certainly subsided. The fear of the police. I'm angry now, but nowhere near as angry as I was scared before. Life is getting back to normal and do you know what....I've never been so grateful for all the bloody fantastic people I have in my life who have supported us through this ordeal, they rode every wave with us. You really see people for who they really are.

I just wanted to share my story incase it could help anyone. hopefully that's my story concluded....

X

[Casehardened]

Hi guys,

We had evidence we wanted the lawyer to present to the police to try and get NFA. But he said we would never get an NFA as they leave cases open so if in eg 5/10/20 years time should another accusation be made, then the police only need the 2 accusers statements to prosecute ie they wouldn't require any more evidence.

Hi and thanks for sharing your story.

Our Scottish members have mentioned the Moorov Doctrine which I think you are referring to; however the usual form of an NFA letter in England simply says there wasn't enough evidence at the time to proceed with the case (not exactly the same as saying it was false accusation!)

If a further unrelated accusation was made it is quite likely the original case would be looked at again so for better or worse Scotland seems to have fallen into line with the English system.

I think all folks who have been wrongly accused walk on eggshells from then on and would never allow themselves to be put in a position where another accusation would be credible.

Best wishes to both of you and hope your lives will get back on track.

[cantgiveup]

Hi guys,

About 4 months ago my man was arrested/charged(sexual assault). Spend the night in a police cell and went to court the next day. But was 'liberated' before appearing in court. Our lawyer said case was dropped as there's no case...but he couldn't say categorically they police will not come back. Our lawyer was good, and gave us reassurance but he was a quiet man by nature and I really needed him to say THIS IS OVER!!! We had evidence we wanted the lawyer to present to the police to try and get NFA. But he said we would never get an NFA as they leave cases open so if in eg 5/10/20 years time should another accusation be made, then the police only need the 2 accusers statements to prosecute ie they wouldn't require any more evidence.

4 months down the line the fear has certainly subsided. The fear of the police. I'm angry now, but nowhere near as angry as I was scared before. Life is getting back to normal and do you know what....I've never been so grateful for all the bloody fantastic people I have in my life who have supported us through this ordeal, they rode every wave with us. You really see people for who they really are.

I just wanted to share my story incase it could help anyone. hopefully that's my story concluded....

X

Hi Notmyname,

Thanks for sharing what happened to you - sorry to hear a fellow Scot has had to go through this too...it is awful, my partner was arrested and charged by the police, in a cell over night to attend court the next day...before he attended he was told he was bailed for 4 weeks we weren't really sure why but lawyer thought it was for the police to investigate further....not that they did. After the 4 weeks he was 'liberated' we were told that the Procurator Fiscal would be looking at it again but not dates or further info, this was 8 months ago...2 or 3 months ago I was asked to attend the police station to clarify some points on my statement, I asked what was happening and was told fiscal was looking at case but would take several more months for him to make decision....It is a disgraceful system that can allow this to be hanging over our heads indefinitely like this. I find it very hard to cope.

I truly hope it is your story concluded....

[myhome]

Hi and thank you for sharing your story. I really hope this is the end of the journey for you and that you can continue to rebuild your lives - all the best for a fantastic future...

[Glasgow]

My best friend has been going through this in Scotland for over 18 months has been charged but nothing else. Keep being told its with the PF its a disgrace people are treated like this I am so angry and disgusted that an innocent man can be treated so poorly. Does anyone have any advice?

[cantgiveup]

My best friend has been going through this in Scotland for over 18 months has been charged but nothing else. Keep being told its with the PF its a disgrace people are treated like this I am so angry and disgusted that an innocent man can be treated so poorly. Does anyone have any advice?

Hi, 18 MONTHS?!! We are 8 months in to on this rollercoaster, we are being told the same thing as you that it is with the Fiscal...Lawyer has implied it is at the bottom of a big pile and Fiscal will look at it when he looks at it.

It is disgusting, it is not fair on the accused, their families, any children involved and if it was a true allegation how on earth could someone who truly had been subjected to a rape rebuild their life not knowing if they had to face a trial? An absolute disgrace of a system.

Sorry I have no advise to give but I have an understanding of what you and your friend are going through - it is hell on earth. Best wishes to you both.

CGU xx

[Rights Fighter]

NFA in England can only happen BEFORE charge not after. I suppose it's the same in Scotland. NFAs CAN be resurrected if fresh evidence comes to light so you wouldn't really want one anyway. Best to ask for a no-crime but those are rare.

[Wronglyaccused2016]

Wrongly accused of attempted rape and liberated.

Hi folks,

I know this thread is a couple of years old but I am wondering how you all got on.

I was arrested a week past Monday and charged with attempted Rape. (Thats the last time I ever take a girl home for the night that's for sure) Spent 36 hours in a custody but when I got to the Sheriff court I got given a letter by the g4s staff and told I was liberated due to insuffient evidence.

I have since spoken to my lawyer who advises that although it is unlikely that there will be any charges arising from this but it may still be reopened 5/10 years down the line. obviously I am shocked as I didn't do anything and would like to get the girl done for falsely accusing but obviously that's not in my best interests as the law seems to favour women in this respect.

Any info would help relax my mind as I cannot think straight at the moment and this is the only forum\website that seems to give any information to this scenario.
Thanks in advance.