Scotland legal process
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Hi all, my person was arrested and released the same day with conditions, and given a court date for 3 weeks time, the police have said they are recommending a diversion course due to his age (19).
the solicitors have suggested they try to push to get this and he shoudi take any action he can to prove he's getting the help he needs which he has started.
Im wondering what the court date in 3 weeks is for? Is it likely to be a plea hearing? He seems to be under the impression that this will be him getting his sentence whatever that may be, but the police have said it's likely it won't be a custodial sentence.
just looking for any advice or knowledge at all!
the solicitors have suggested they try to push to get this and he shoudi take any action he can to prove he's getting the help he needs which he has started.
Im wondering what the court date in 3 weeks is for? Is it likely to be a plea hearing? He seems to be under the impression that this will be him getting his sentence whatever that may be, but the police have said it's likely it won't be a custodial sentence.
just looking for any advice or knowledge at all!
It sounds like your OH has been released on a police undertaking. A police undertaking is a signed legal agreement to release an arrested and charged person from custody instead of holding them in a cell to appear in court the next day. It requires the individual to attend a specific court date and follow strict conditions.
He will attend the court in 3 weeks to enter a plea and will then either be released under court bail, special conditions or remanded in custody. Likely released under court bail.
He will attend the court in 3 weeks to enter a plea and will then either be released under court bail, special conditions or remanded in custody. Likely released under court bail.
Thank you so much for your reply!
he said he was advised by police that his case may be dealt with on his court date and get a sentence on that day, will that only happen if he is granted a diversion?
so lost with the whole thing trying to grasp onto any hope at all.
he said he was advised by police that his case may be dealt with on his court date and get a sentence on that day, will that only happen if he is granted a diversion?
so lost with the whole thing trying to grasp onto any hope at all.
We're in Scotland too. The 'knock' happened in Summer 24, Police checked devices in the house. Our son was subsequently arrested. He has a learning disability with some autistic traits, Police arranged for him to have an appropriate adult for his police interview. Meanwhile we arranged legal representation for him.
We contacted Stop it Now, who have been a fantastic support to our son and us. Can highly recommend contacting them.
It took the Police many months to undertake their digital evidence, due to a backlog. Their have been many court appearances, even though he pled guilty. His case was concluded in the summer. Despite having positive background reports which highlighted his disability, trauma and vulnerability, also recommended that he should receive a custodial sentence, the Sheriff's decision was for him to receive a prison sentence. He appears to have adapted well to prison life, where he feels safe. He no longer feels safe at home, due to his photo, address and details regarding his offending appearing online.
We contacted Stop it Now, who have been a fantastic support to our son and us. Can highly recommend contacting them.
It took the Police many months to undertake their digital evidence, due to a backlog. Their have been many court appearances, even though he pled guilty. His case was concluded in the summer. Despite having positive background reports which highlighted his disability, trauma and vulnerability, also recommended that he should receive a custodial sentence, the Sheriff's decision was for him to receive a prison sentence. He appears to have adapted well to prison life, where he feels safe. He no longer feels safe at home, due to his photo, address and details regarding his offending appearing online.
I realised that I posted "that the recommendation was to receive a custodial sentence"
I meant to post, that his background reports recommended a community sentence.
I meant to post, that his background reports recommended a community sentence.
