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JGM
JGM, Solicitor
Category: Law
Satisfied Customers: 11135
Experience:  30 years as a practising solicitor.
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I appeared in local (Sheriffs) Court today for the THIRD time

Customer Question

I appeared in local (Sheriff's) Court today for the THIRD time to defend myself on: one partially heard Trial, and two sentencings. Yet again, all cases were forwarded. I was instructed by the presiding Sheriff to obtain a Solicitor. I had already advised both Sheriff and PF that I would be acting as my own 'agent'. I believe that I have a legal right to defend myself? Also need info re Statute of Limitations as to Crown's obligation to bring a/any case/s to 'closure'? Thanks for any 'input'. Stephanie Noble
Submitted: 4 years ago.
Category: Law
Expert:  JGM replied 4 years ago.
Thank you for your question.

You do have a legal right to defend yourself except in certain cases usually involving rape or sexual assault or child cases where the judge can instruct you to get legal representation as you are not allowed to cross examine the complainer personally.

In any other case the sheriff cannot insist that you get a lawyer although he will be less than happy if you don't. You don't say why he has made this stipulation in your case.

As far as limitation is concerned, there is no statute of limitations or other time limit once the case has started. However, if the Crown fail to get the case finished within reasonable time through fault on their part, you can move for the complaint to be dismissed. The sheriff has a wide discretion as to whether to grant such a motion.

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Customer: replied 4 years ago.

Thankyou for recent reply. Now need suggestions, other than Amazon/local Library, for (preferably) 2nd-hand Law Book/s pertinent to:(1) Launching an Appeal, and, (2) Law/s, Legislation, Precedents relating to possibility of my putting a Motion to (Summary Court/Scotland) for dismissal of all 3 cases, based on Prevarication by the Crown, and their denial, to date, to permit me, by acting as my own Agent, to bring these cases to Completion? 'Though not exactly "Obstruction of Justice" believe Court is close to being challenged with "Interfering with the Course of Justice"? Advise, please. Thanks, again, Stephanie Noble

Expert:  JGM replied 4 years ago.
I have answered this on your separate thread.