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Jamie-Law
Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 5587
Experience:  Solicitor
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I was falsely accused of domestic abuse, plus 2 harassment

Customer Question

I was falsely accused of domestic abuse, plus 2 harassment under Section 39 , one for calling and texting my wife when I found out she was having an affair, and the other Section 39 for chasing she and her lover at high speed in my vehicle.
Police Scotland questioned me, dismissed the assault cases but detained me for 3 days under Section 39. The calls and texts I did make, however the car chase which really drove the detainment and subsequent 5 months of bail conditions was proven never to have happened - I had a dashcam showing the alleged encounter that I had forensically verified as intact and genuine that shows while I did pass them in my car, no such chase ever took place. Both Section 39 charges were dropped.
Am I able to take out any case against them for damages / stress / costs of defence lawyer etc? I'd be very interested to know any actions available to me due to their false claims and malicious behaviour.
Submitted: 1 year ago.
Category: Law
Expert:  Jamie-Law replied 1 year ago.

Hello my name is ***** ***** I will help you with this.

Did the Police prosecute the other person for wasting Police time?

Customer: replied 1 year ago.
Hi - I'm just about to board a flight for a few days away so the phone offer would be tricky, sorry. The verdict was only today, so the Police are currently looking into it. I was interested in what my options might be at this point, or assuming the Police do charge them. I'm just trying to cover any bases at this point.
Expert:  Jamie-Law replied 1 year ago.

Ok - if they are not prosecuted for wasting Police time then in reality there is nothing you can do.

People make complaints all the time and the Police either take no action or there is not enough evidence

Even if matters go to Court and someone is found not guilty, does not give an automatic to sue the person who made the complaint - otherwise nothing would ever go to Court.

Its only where there has been a conviction for wasting Police time could you have any chance.

I am sorry if this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest.

Can I clarify anything for you about this today please?

Customer: replied 1 year ago.
Nope, and that was probably my expectation anyway. If they are convicted what would my next steps be? Additionally, the lover is a lawyer, would there be any professional repercussion for him, whether convicted or not - he has been shown to have clearly lied extensively to the Police. I understand it may be difficult or inappropriate for you to answer that element. FYI, he has already been censured for professional misconduct for another matter previously.
Expert:  Jamie-Law replied 1 year ago.

If convicted then you can issue proceedings. As for the lawyer, I dont know, maybe a conflict of interest.

Its hard with that element as you say as I havent seen all the evidence.

Does that clarify?

Customer: replied 1 year ago.
thanks - at this point, certainly.
Expert:  Jamie-Law replied 1 year ago.

If I could ask you to rate my answer before you go today, by clicking on the 5 stars or happy face, otherwise the site does not pay me for the time spent with you today. Thank you in advance and good luck!