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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69783
Experience:  Over 5 years in practice
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i wasn't issued with a PND at the time of the charge (Aug 2014),

Resolved Question:

i wasn't issued with a PND at the time of the charge (Aug 2014), I have received no further information or paperwork, in fact i have heard nothing since. i have tried contacting the PF to ascertain whether I will be prosecuted - is there a time limit for this type of offence?
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Jo C. :

Hi. Thank you for your question. My name is ***** ***** I will try to help with this.

Jo C. :

What type of offence please?

Customer:

I think it was drunk in a public place with a minor. Transport police came to my house 3 days after the alleged incident to charge me

Jo C. :

Six months from the date of the offence.

Jo C. :

They have to lay an information within that time though not issue a requisition.

Jo C. :

If you haven't heard since August then they are either out of time completely or very soon will be.

Customer:

should they have given me a fixed penalty at the time?

Jo C. :

No. Not if they intend to summons.

Customer:

can i assume they intended to summons? this is affecting my employment and not knowing is placing my job at risk

Customer:

sorry not knowing what will come of the charge is placing my job at risk

Jo C. :

It depends on the date in August. If they haven't summonsed now then you can probably be quietly confident.

Jo C. :

if they are still within six months though then I wouldn't suggest contacting the PF.

Customer:

i was charged Aug 5th

Jo C. :

I know you want finality but you don't want to be reminding them of the need to review your case.

Jo C. :

Well they are out of time then if they haven't laid an infrmation.

Jo C. :

information.

Customer:

what does laid information mean?

Jo C. :

Laid a charge with the court.

Customer:

and the PF doesn't need to notify that's right?

Jo C. :

Sorry?

Customer:

sorry I'm just trying to understand what has happened since they charged me, I was told that they submit a report to the PF in Glasgow, the PF decides whether to prosecute but doesn't need to inform you of no action decision?

Jo C. :

What do you mean by charged? Have they sent you a charge and given you a court date?

Customer:

no nothing. I was stopped at a train station. transport police came to my house 3 days later and said they were charging me. I have no paperwork issues and have heard nothing more of it

Customer:

no paperwork issued at the time of since

Jo C. :

What was issued?

Customer:

nothing, sorry it's my typos.

Customer:

nothing was issued. the last I heard was the officers at my home in Aug saying they were charging me

Jo C. :

All that means is that they were referring it to the PF who have clearly failed to act.

Customer:

does the 6 months time limit still apply - I can advise my employer nothing further will happen?

Jo C. :

If the offence was on the 5th August then that would give them until the 5th February to lay an information. It is possible that they have done that but you just haven't had the requisition yet but not likely.

Customer:

last question - sorry it's just i could lose my job over this.

Customer:

the requisition would be the court date?

Jo C. :

No, it would be the notification of the court date.

Jo C. :

Like a summons.

Customer:

ok I think I understand. thank you very much. I have been very stressed waiting to hear re court

Jo C. :

No problem and all the best.

Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jo C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/

Customer:

thanks v much

Jo C., Barrister
Category: Law
Satisfied Customers: 69783
Experience: Over 5 years in practice
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