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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11748
Experience:  30 years as a practising solicitor.
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In 1972/1973 I was accused and charged without legal representation.

Resolved Question:

In 1972/1973 I was accused and charged without legal representation. I had been asked to visit the police station "for a chat" about the accusation. When I arrived there I found that one of those who questioned me was a sergeant who was a golfing friend and so I was quite relaxed about my visit. Little did I know that the incident in question had been orchestrated by a jealous and troublesome neighbour (those who brought the charge were seen to visit the neighbour the day after the trial). I was acquitted but some of the mud stuck, especially at work where my career progression was adversely affected. Although now in my 80th year the feeling of injustice still burns. I understand that under European law any charge made without legal representation is now quashed. Is this true after such a time span and would such an action apply in Scots law?
Submitted: 3 years ago.
Category: Scots Law
Expert:  JGM replied 3 years ago.
Thank you for your question.

This wouldn't apply to something that happened so long ago. Secondly and in any event you were found not guilty so there is no conviction to quash.

I hope this helps. Please leave a positive response so that I am credited for my time.
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