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Scottish Process for Device Checking?

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Looking for Help

Member since
November 2023

33 posts

Posted Mon June 10, 2024 9:38amReport post

Does anyone know the process in Scotland?

Devices were check in our house and one taken away. OH was then charged but RUI at court.

OIC told us report had been sent to PF but a solicitor has also mentioned about devices being checked.

I thought we were waiting on device being checked further but now I'm not sure if it's just waiting on PF deciding on charges.

I wondered if anyone knows the process in Scotland.

Inturmoil1974

Member since
November 2022

279 posts

Posted Mon June 10, 2024 10:53amReport post

I am Scotland knock on the Thursday, november devices checked in the house oh phone taken away returned the next day friday and arrested with what was found, oh was remanded for his mental health over the weekend court on the Monday released on bail first court appearance was the February, we wanted an independant cyber expert so took until following January until sentence, would have been over much quicker if we went a straight guilty but there was a lot of mitigating factors, oh was 5 images in a link of numbers

Dory2502

Member since
July 2023

39 posts

Posted Mon June 10, 2024 12:45pmReport post

I am in Scotland. Arrested in April, released under investigative liberation (28 Day bail), then afterwards released under investigation until July. Charged by police in July.

Devices were checked from April until June then charged in July. August in court and PF charged him officially. Charges were different from the police charges (police charges fell away).

April plead guilty, sentenced in May.

I had a DC that I contacted weekly for updates. Not that it was all that useful as it was always the response of devices are in a queue and didn't know what the timescale was x

Edited Mon June 10, 2024 7:07pm

Dory2502

Member since
July 2023

39 posts

Posted Mon June 10, 2024 12:45pmReport post

Post deleted by user


Edited Mon June 10, 2024 12:46pm

AnxiousGirl

Member since
December 2023

222 posts

Posted Mon June 10, 2024 1:13pmReport post

Arrest July 22. Charged March 23 and sentenced April 23.

He was sent to prison and I had to chase the solicitor and PF to get devices back as my laptop and digital camera were taken.

Looking for Help

Member since
November 2023

33 posts

Posted Mon June 10, 2024 4:12pmReport post

Sorry I'm not sure if I explained properly.

If the devices have been checked in the house and report has been sent to CPS do they still have to be checked again? Is this what we will be waiting for? Or will we just be waiting on CPS deciding of they will charge?

Dory2502

Member since
July 2023

39 posts

Posted Mon June 10, 2024 6:10pmReport post

I believe that once it's with CPS the police have done their investigation. However CPS can ask for more information and the police will have to look into it again which will cause delays.

AnxiousGirl

Member since
December 2023

222 posts

Posted Mon June 10, 2024 6:47pmReport post

All devices were taken from the property - including mine. Didn't get them back till after sentencing. Was told at that point not all devices had been checked as they couldn't get into them. Only got them back by chasing the PF.

AlwaysHopeful

Member since
March 2023

133 posts

Posted Mon June 17, 2024 5:01pmReport post

We had devices checked in our home the day of the knock, 2 were taken away, they were synced. Charges were made the same day and my OH was released on bail. About 10 months later after the devices were back from forensics, the charges changed from the day of the knock. Almost 2 years later we went to court. Timescale depends on your location and every area will be different.

edel2020

Member since
March 2022

375 posts

Posted Tue June 18, 2024 10:22amReport post

A lot of forces now have the ability to check devices in your house, but its not a full forensic examination. It won't find everything.

So the devices might have to be checked again, but it depends how easy it is for them to find evidence. They only need one image in order to prosecute, so if they can find images straight away, they can decide to go to the CPS right away and charge.

But there is no consistency across police forces. Some will do that, others won't.