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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11741
Experience:  30 years as a practising solicitor.
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False assault advice

Resolved Question:

Hello, I'm wondering if someone can advise me on a false assault accusation against my wife which has lead to her being charged. The charge though is a minor incident and seems unlikely to go to court. The Proculator fiscal has asked her to see a social worker before making a final decision. The truth is the she was assaulted and she has made a counter complaint but has not had any feedback. The incident took place at my wifes mothers house. The police investigated the incident and advised us that after speaking with some indepentant witnesses acknowledge the complaint against her was not what is was made out to be. But despite this they stil filed charges to the CPS (Proculator Fiscal). From what we understand there may be 4 witnesses that have made statements against my wife but none of them seem credable. I.e. one was the daugter of the person involved who by all accounts joined in on the assault against my wife. Two others were 12 year old children who were not there by chance, i.e. they came to the door with the other person and her daughter. The last witness was someone who drove them all to the house in a car but did not come to the door with them. We believe this may have been a friend or relative. The reason they came to the door was over a separate issue which my wife was standing up for our daughter over a friend hitting her. The three girls all spoke against my daughter and my wife gave them a telling off for getting involved. This issue with the friend was resolved amicably with the girls mother and the two are getting on fine at school. These three girls, not happy at being told off, brought the mother of one of them to the door and a disagreement ensued which ended with the mother hitting my wife quite hard and grabbing her hair with a second blow being hit. My wife did have hold of the other womans hair as a result at which point the daughter joined in and between them they were pulling her to the ground. She says this was more instinctive and in defense. My wifes brother then came out and separated them. This incident was also seen by my wifes mother and our daughter. The police investigating spoke to two neighbours who also gave statements which seemingly favoured my wifes argument although I don't know the full details. The two of the girls also spoke about the issue at school and my wife being hit which upset our daughter. This resulted in the school having a talk with a group of children, we are not sure if these two girls were spoken to directly. We are not sure if the police/CPS are aware of this. The police took a week before they came to see my wife by which time they had already decided to charge her without hearing a statement from her, her brother or our daughter. The charge read to us was that she hit the woman and pulled her hair causing injury. My wife said this was just not possible. We expected the CPS to throw it our as its a minor incident and there was sufficient doubt (clarified by the police) over the issue. But they have said they believe there is enough evidence to prosecute. The charge though is different to what the police said, it is seizing the woman by the body and seizing her hair. We have also had no communication regarding the complaint made against the other woman. I want to complain to both the police and CPS about this. As we are in the dark about what my wife is accused of and what real evidence they have. Also why have we heard nothing about the complaint she made. We feel they have not investigated this properly. My wife went to hospital after the attack and they acknowledged she had taken a blow, the police though did not see her for a week and we are not sure if they followed this up. The charge against my wife will probably not go to court but its a matter of principle for us and we want to see some action taken against the other woman. Can you advise what we should do?

Submitted: 4 years ago.
Category: Scots Law
Expert:  JGM replied 4 years ago.
Thank you for your question.

Have you seen a solicitor about this face to face? I take it this is Scots law? You refer to the CPS which doesn't exist in Scotland?
Customer: replied 4 years ago.

Hi, no we have not seen a solicitor face to face. Yes this is scots law and it is the Procurator fiscal I refer to.

Expert:  JGM replied 4 years ago.
There is no mechanism for complaining to the procurator fiscal other than writing to them. There is a police complaints procedure.

However as all of this is a matter of evidence and there is still uncertainty as to whether a prosecution is intended I would advise that you wait to see if a complaint is issued by the PF. If so the case will go to court, there will be nothing you can do about that other than take the matter to trial, give your evidence in defence of your position and let the court decide whether you are guilty of any crime. If you are acquitted then that may be the time to look at recriminations against others.

Happy to discuss further.
Customer: replied 4 years ago.


There is a way to complain to the PF as I can see the option on their webite. Having seen the social worker it seems the PF did think the police got some of this wrong. So we have no idea why my wife was charged but it seems highly unlikely it will go any further. We do believe the other party is being charged so we will await the outcome before deciding if any further action is needed.

Expert:  JGM replied 4 years ago.
Noted, thank you.

I think the complaints section is to deal with service complaints not complaints about decisions to prosecute or otherwise but you are right to wait to see what transpires.
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