Preliminary hearing date Scotland

[Wronglyaccused2016]

Hi folks,

After being on Bail for over 7 months I have now been informed by my lawyer that an indictment has been served and that I am to attend a preliminary hearing.

I hoped this day would never come but it looks like I am going to trial for something I categorically did not do!

My situation is one that is basically a he said/she said case with my DNA confirming that a sexual act took place, something I wont dispute if given the chance in court, apart from the false non-consensual allegation has been made!

I have a meeting with my Lawyer and a QC coming up so will ask loads of questions.

My question to the forum is at a preliminary hearing can you ask for the case to be thrown out based on very little evidence or is it set in stone that it will definately go to trial thereafter?

Also what is involved in a Preliminary hearing and when would I get the chance to tell my version of events?

Many thanks for any replies.

[Rights Fighter]

Hopefully AmandaF will come along shortly, as she and her OH have experienced Scots law and courts.

[Wronglyaccused2016]

Hopefully AmandaF will come along shortly, as she and her OH have experienced Scots law and courts.

Thanks for your reply.
I hope that she see's this thread.

[AmandaF]

Ok, not sure how I can answer really .

We were also tried in Scotland (Dunoon) where the legal system is completely different to E & W.

Is this the "First diet" procedure?
Your defence can ask for the case to be dropped but it depends what the Crown Office see as evidence. I hate to
be the bearer of bad news but our cases had no evidence whatsoever other than what the accusers had made up about us and the police never bothered to investigate.

With DNA involved, I doubt whether the case would be dropped as that would be seen as evidence as it would in any case of non- consensual sex allegations, however do you have messages that were sent between yourselves? facebook conversations? What do you have as evidence DO you have in your defence?

Are you happy with your legal team and have you put together as much evidence as you can to prove her story to be incorrect?

Scotland's system is very harsh i my limited experience.

Can I ask who your defence team is , just out of interest and do they have experience in sexual offences? I believe our team didn't do the best job, but coming back to your original question, when I had to answer police bail in court, the sol expected the case to be thrown out . It wasn't, but my case was didmissed at trial as the crown office could offer no evidence. OH was found guilty. The 15 person jury system stinks imho

[Wronglyaccused2016]

Thank you very much for taking the time to reply.

I'll try to answer all your points here.

No diet has been arranged yet just a preliminary hearing which is basically a court hearing to see if all evidence from the defence and crown is ready as far as I can see.

There was no correspondence between me and my FA as it was a one night stand I am ashamed to say!

The DNA is an unfortunate fact but proves nothing apart from the fact that we had sexual contact. They cannot prove penetration nor was there any sign of forceful entry (this was a forensic test done less than 24 hours after the incident).


My legal team are well known in my area and I have yet to meet my Queens Counsel to quiz them on their background.
I'd rather not give too much away at this time with the case looming if thats ok?
My lawyer seems to think we have a good case, all I know is that I am telling the truth & she is not!

My evidence is simply my version of event, and her scattered details about how it happened, ie saying we got a black hack back to the house when infact we got an uber, her having a severe medical condition that causes skin to bruise easily yet not a mark on her after she claims I forced her down onto the bed, no evidence from forensics that penetration or attempted penetration took place and that she failed to ID me at an Identity parade!
Apart from that not much else until I talk to my solicitor.