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JGM
JGM, Solicitor
Category: Law
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Experience:  30 years as a practising solicitor.
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Does the Sccrc have an obligation to recover all evidence

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Does the Sccrc have an obligation to recover all evidence the brought rise to the allegation from the Procurator Fiscal and make its decision based on that evidence, even although the Procurator Fiscal with-held this evidence from trial and changed the Police witness narrative on the stand orally from the evidence being the Police Witness Statements, which is the very evidence used to promote the public interest?? Also I have provided proof of their possession of such evidence to the Sccrc??
Submitted: 8 months ago.
Category: Law
Customer: replied 8 months ago.
Also are they required to consider the affects of the conviction on my son who is physically, genetically, cognitively disabled in that it adds an insurance premium of £1300.00 per annum extra and make the Possesion of the Mobility Car he is entitled to through DLA unaffordable to him and myself. I'm a single parent with Residence and full time carer, I only recive income support
Expert:  JGM replied 8 months ago.

Was the conviction appealed to the High Court?

Customer: replied 8 months ago.
I Appealed the conviction & sentence was refused, appealed against that appeal and won appeal against sentence. Points reduced from 8 - 6 and was admonished on the fine £300.00... the Lady stated that as it was a summary cause she couldn't allow what I asked for being section 50 criminal justice act ... she stated that the remaining points could only be addressed under conviction... I was found guilty as I never had the insurance document in court the day of the trial it wasn't my document to give, my employer was a witness and went up and said that she instructed me to drive it ...employers were never questioned or charged...The Lord refused appeal against sentence as he said I had done nothing to provide documentation in the two years it took the Pf to bring me to court although I did give them the document twice and they had the document submitted in to evidence along with the Police statements & the standard report. (have Proof) the statements don't give any evidence as to why I was driving but at trial the Police witnesses said that I 'said' I was using the vehicle for comuting and not for my employers use .... justice of the piece said I failed to prove 'why' I was driving !? Lord Beatson gave a ruling in september last year saying the burden of proof was on the crown to prove 'why' ...Me and my son suffer from Autism feel like they are just fobbing me off and cant get a solicitor to take me seriously due to the way I come across communitivley
Customer: replied 8 months ago.
The Procurator fiscal is refusing to release the evidence even after letters from my MSP and the sccrc are refusing to request the evidence and consider the deprivation it causes my son in regard to his spine, also after a letter from my MSP
Expert:  JGM replied 8 months ago.

If SCCRC have taken up the case they have an obligation to investigate to see if a possible miscarriage of justice has taken place. If there is evidence available which is relevant then they have the power, but not an obligation, to obtain it from any person or obligation. If they are refusing to request certain evidence then you must find out why that is in the first instance.

JGM, Solicitor
Category: Law
Satisfied Customers: 10919
Experience: 30 years as a practising solicitor.
JGM and other Law Specialists are ready to help you
Customer: replied 8 months ago.
I'm trying to argue that the pf wrongly put the burden of proof on me when my employer was vicariously responsible for 3rd Party liabilities and had the Police not refused to take statements from my employers (the officer spoke to them at the scene and they confirmed to him I was driving at their request) then they had no grounds to pursue me in to court to prove 'why' which I believe was not in keeping with Article 6, I have all this in writing from Police & PF and Police admittedly refused to answer my complaint to them on the day of the incident till after I was found guilty 2 years later. They openly admit this and I was never charged with the offence and no statements were taken from anybody. I recived a letter 3-4 weeks after they took the vehicle saying I was being charged ... think it was because I complained
Customer: replied 8 months ago.
don't they need evidence to prove I was the perpetrator ? Please bear in mind I was not driving the car it was locked and parked and they got cctv evidence of me driving it an hour and a half before the material time. I was not pulled over on the road
Customer: replied 8 months ago.
I don't necessarily need the evidence from the pf as I have it all confirmed in the complaints, the Scrcc seems to be cherry picking what information they include with their assessment of wether to take it on or not. there not considering the evidence ive given them which was given to me from the police & pf in response to my complaints
As far as the case itself is conserned there isn't any statements and the only evidence is cctv of me driving which doesn't give any indication of 'why', therefore the pf put the burden on me to provide documentation to justify taking me to court ... although the Police complaint confirms they had the document all along from before the pf pressed the charges.
Customer: replied 8 months ago.
Hi its saying you accepted a call request?

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