Liberation by PF in Scotland due to Insufficiency of Evidence...8 months on...

[lawlessone2009]

The 12 months run from the 'charge'. Whatever happens after the charge has no bearing on the 12 months.

My understanding is that they have 11 months to actually start the court process for trial and 12 months to hold the initial hearing (an appearance to answer the charge(s)).

Frantically calling the court after 11 months and 1 day is not going to confirm or otherwise. Paperwork takes time to work its way through the sausage machine... However, after the 11 month period have a little sigh and gain the positive thoughts that things are beginning to move in your favour.

It's a cruel game of lack of information sharing. Things could be sprung on you at the last moment! Even after the 12 months the best you can expect is a letter detailing that they are not progressing the case just now but reserve the right to re-visit things if circumstances change in the future. Don't read too much into double jeopardy or any other such changes in the law in Scotland at the moment. An isolated case with reasonably low seriousness is not going to have you dragged into court in 20 years time. If it is indicated to you that things have been dropped then you can take them as dropped even with the strange wording that is used.

The current situation surrounding the 12 months and the anxious blind wait is, in my opinion, a form of punishment but without the necessary process of law. The Police/COPFS are actively enabled to punish you for a crime that may never have happened (I am generalising and not specifically referring to 'you') and inflict pain and suffering on you with the end result being that you are to feel 'grateful' for having dodged a bullet. This position cannot be challenged by any rational person as removal of the 12 month limit would merely mean folks being detained... For all the suffering you will currently be enduring please understand that it is much preferable to any feasible alternatives.

It is easy for folks who have never been through the process or even those who have come out the other end to provide some words of assurance and easily avoid the horrors involved. 4 months odds is a long time!!! Have you been to see your doctor? Have you taken up a new hobby to provide periods of distraction? You may be lucky in the run up to Christmas but post New Year things become cold, desolate and depressing. I would actively encourage you to take up 'something' which provides you with a little respite from your situation.

[Wronglyaccused2016]

The 12 months run from the 'charge'. Whatever happens after the charge has no bearing on the 12 months.

My understanding is that they have 11 months to actually start the court process for trial and 12 months to hold the initial hearing (an appearance to answer the charge(s)).

Frantically calling the court after 11 months and 1 day is not going to confirm or otherwise. Paperwork takes time to work its way through the sausage machine... However, after the 11 month period have a little sigh and gain the positive thoughts that things are beginning to move in your favour.

It's a cruel game of lack of information sharing. Things could be sprung on you at the last moment! Even after the 12 months the best you can expect is a letter detailing that they are not progressing the case just now but reserve the right to re-visit things if circumstances change in the future. Don't read too much into double jeopardy or any other such changes in the law in Scotland at the moment. An isolated case with reasonably low seriousness is not going to have you dragged into court in 20 years time. If it is indicated to you that things have been dropped then you can take them as dropped even with the strange wording that is used.

The current situation surrounding the 12 months and the anxious blind wait is, in my opinion, a form of punishment but without the necessary process of law. The Police/COPFS are actively enabled to punish you for a crime that may never have happened (I am generalising and not specifically referring to 'you') and inflict pain and suffering on you with the end result being that you are to feel 'grateful' for having dodged a bullet. This position cannot be challenged by any rational person as removal of the 12 month limit would merely mean folks being detained... For all the suffering you will currently be enduring please understand that it is much preferable to any feasible alternatives.

It is easy for folks who have never been through the process or even those who have come out the other end to provide some words of assurance and easily avoid the horrors involved. 4 months odds is a long time!!! Have you been to see your doctor? Have you taken up a new hobby to provide periods of distraction? You may be lucky in the run up to Christmas but post New Year things become cold, desolate and depressing. I would actively encourage you to take up 'something' which provides you with a little respite from your situation.

Hi folks,

Just had the dreaded phonecall from the Police after being Liberated in March for 'insufficiency of evidence'.

It appears they have done further research and decided to go ahead and charge me.
I am to hand myself into the Police station for the inevitable.

To say I am scared is an understatement, I have seen and heard of so many people being falsely accused and convicted with very little evidence let alone like myself where there is DNA evidence.

My solicitor has advised me and with the normal procedures in place I shall be in a cell overnight and at court in afternoon of next day to hear the charges and be bailed.

It has been the longest 8 months of my life, now I almost know where I stand and I will fight this with every penny and breath I have!

I just hope that the law see justice is served correctly and that an innocent man doesn't go down for something he categorically didnt do!

Wish me luck. 🙁

[lawlessone2009]

I am really sorry to hear of your situation.

There does appear to be an issue with the rape charge though... You mentioned: "Police Rape kit could not confirm penetration nor any physical damage to her."

Could you possibly be a little more specific about what the rape kit actually states?

For 'rape' to have happened you would need to penetrate her otherwise the maximum charge would be one of 'attempted rape', surely?

Being charged means very little. It does not mean you are going to jail! Have you sought the advice of your legal rep regarding the 12 months rule? I'm still of the opinion that they have 12 months from the initial questioning to raise proceedings against you in court, I would encourage you to seek clarity on this.

[Wronglyaccused2016]

I am really sorry to hear of your situation.

There does appear to be an issue with the rape charge though... You mentioned: "Police Rape kit could not confirm penetration nor any physical damage to her."

Could you possibly be a little more specific about what the rape kit actually states?

For 'rape' to have happened you would need to penetrate her otherwise the maximum charge would be one of 'attempted rape', surely?

Being charged means very little. It does not mean you are going to jail! Have you sought the advice of your legal rep regarding the 12 months rule? I'm still of the opinion that they have 12 months from the initial questioning to raise proceedings against you in court, I would encourage you to seek clarity on this.

Thank you. Obv I am very wary pf putting exact details on here, but a few things have been clarified to me.

I seem to have a got myself a decent solicitor who has explainex to me the 12 month rule. Very simply they have 12 months to get you to trial. If they dont they can still get you to trial but only under extreme conditions.

The charge is attempted rape as they didnt have enough evidence to charge me with actual rape.

Whats more is that the FA went to the Viper ID parade and didnt pick me out!!!!
So thats in the hands of the PF and my lawyer.
I guess that is a wee bit of good news but not sure how much tbh.

[lawlessone2009]

I'm reading the few details you are providing and feeling that your position is a positive one although I know that it won't feel that way...

There is absolutely no need to feel any pressure to divulge additional details. Keep everything within your comfort zone and do not share any information which could be detrimental to your current legal position. Remember that this is an open forum...

It's good that you have clarity with regards the 12 month rule. What is currently happening may just be an 'off loading' process whereby the cops are closing their file and passing it over to the PF. There is very little time for them to read through the paperwork and formulate their opinions and then get it all packaged up and into court. The pressure is currently on them! All that you can do is sit back and attempt to relax a little, what will be will be.

[Wronglyaccused2016]

Update

Hi folks,

Looking for advice, I was originally arrested around this time last year on the charge of attempted rape and spent almost 3 full days in custody before attending court.
Whilst in the cells at the court I was told that due to insufficient evidence I was being released.
All whilst this happened I never actually stepped foot into a courtroom.

All was well until a couple of months ago when I recieved a phonecall from the Police asking that I hand myself into a Police station.
I duelly obliged after speaking with my solicitor.

This time I spent the whole day in the court cells and then appeared in a court room and was given bail conditions ie not to contact the FA or commit a crime etc. All of which I have no intention of doing of course.

My solicitor told me at the time that this may still not make it to trial.

I also had to attend an ID parade where my FA failed to identify me!
My solicitor said this was good news on my part even though my DNA was found on the FA.
It was a fully consensual one night stand, obv I can't give full details of this at this time, but can unequivocally state that I am innocent of any sexual crimes!

Now 3 months later I have recieved a letter from my solicitor asking me to make an appointment with them and also a consultation with a QC.
I have not had any letters asking me to atttend court nor has it been confirmed that the case is going to trial....yet.

The advice I am looking for is, what is involved in meeting a QC? What should I expect?

Any advice or replies would be grately appreciated.

[lawlessone2009]

Meeting with a QC is more or less a chat where they'll clarify points they might not understand through asking you questions. They'll also get a feel for you and how you would present yourself at trial, if there ever is one.

I wouldn't stress and would view it as a positive that the solicitor is involving a QC. The earlier they get involved the better as it means a lot of the groundwork can be done freeing up time later, if it's needed, for more intricate details to be worked on.

[Wronglyaccused2016]

Thank you, as always you are very dependable and knowledgeable.

I thought that might be the case, every step of this horrible situation is a learning curve for me as no doubt many others.

I have nothing to hide so hopefully that will be apparent when I meet the QC.

Thanks very much for your reply.