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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11155
Experience:  30 years as a practising solicitor.
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I was charged with accessing child but this was discarded

Resolved Question:

I was charged with accessing child porn but this was discarded and when I recieved a summons the charge had been changed to one of downloading beastiality. Why are they allowed to do this?
Submitted: 3 years ago.
Category: Scots Law
Expert:  Remus2004 replied 3 years ago.
Hi.

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

Could you explain your situation a bit more please?
Customer: replied 3 years ago.

On March 11th 2013
andMy son who has special needs and myself were arrested and interveiwed , charged with accessing child pornography .Held overnight then taken to court. we were released without appearance. During my interview I explained that my son had inadvertantly accessed the illegal child porn which I immediatly deleted. the charges against him seem to have been dropped but on the 16th of this month i recieved a summons charging me with downloading beastiality images(6 in all) I was not formally charged with this

Expert:  Remus2004 replied 3 years ago.
I'm really I've just realised that you are in Scotland so I will transfer this to Scots Law for you.
Customer: replied 3 years ago.


Will I get an answer online today?

Expert:  JGM replied 3 years ago.

Thank you for your question.

The police don't have to take you in and charge you with a different crime. The procedure they have adopted is that the police have sent a report to the procurator fiscal and the fiscal has decided to raise a prosecution by serving you with papers.

 

This is an alternative, but legitimate, way of proceeding with a prosecution in Scotland.


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

JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11155
Experience: 30 years as a practising solicitor.
JGM and other Scots Law Specialists are ready to help you