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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10272
Experience:  30 years as a practising solicitor.
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I am seeking to locate a lawyer who specialises in cyber stalking

Resolved Question:

I am seeking to locate a lawyer who specialises in cyber stalking laws to assist a relative of mine who lives in France, but the author of the malicious communications (which I have read is a crime in Scotland under the Criminal Justice and Licencing Bill 2010 and in England under the Malicious communications Act 1998) lives in Scotland and is an ex-boyfriend. She is currently in England staying with her father for a week and has reported the details to the Police in Yorkshire. The situation has become extremely distressing for her and her daughter, as the man concerned is now giving her address in France online and suggesting men visit her for sex. He has also made threats to her life and to that of her new boyfriend. Please advise. Regards, XXXXX XXXXX (relative of the victim). I should point out also that although the offender lives in Scotland, he periodically visits France and physically 'stalks' my relative and her daughter.

Submitted: 2 years ago.
Category: Scots Law
Expert:  JGM replied 2 years ago.
Thank you for your question.

I am a lawyer with a particular interest in Internet law and also civil court matters and I will try to assist you. I am a qualified Scottish solicitor so my remarks are confined to the law of Scotland.

The offender is based in Scotland so the best jurisdiction for proceedings would be in Scotland where the judges have the power to stop someone doing something with the district in which they have jurisdiction.

So the starting point is to instruct a lawyer in Scotland who has access to the sheriff court jurisdiction where this person stays.

An interdict is required. You may have heard of this but the usual term in England is injunction. Either way it's an order of the court to stop someone from doing something. In this case to stop him from using computer equipment to do x, y and z, ie, making public her details and suggesting visits for sex, threatening her, visiting her etc. the a Scottish court can't grant orders which are effective outwith Scotland but a good civil lawyer can apply for sufficient orders enforceable within Scotand to warn him off.

That is the civil side. I suggest that the Scottish police be informed of his behaviour, perhaps via the Yorkshire police already contacted. A visit may solve the problem.

Do not hesitate to contact me further re this very troubling problem.

I hope this helps. Please leave a positive response so that I am credited for my time.
Customer: replied 2 years ago.

Are you able to give the contact details of a Scottish lawyer who can assist my cousin in this case.- or suggest how I find out who are specialist ones in such cases as this?


Regards, XXXXX XXXXX

Expert:  JGM replied 2 years ago.
Yes, you should contact the Law Society of Scotland, www.lawscot.org.uk, and they will recommend a suitable lawyer in the correct area of the country for you.
Customer: replied 2 years ago.

Thank you. You are suggesting in your initial reply that the remedy basically lies with the civil law - but I understood that what he is doing could actually be a criminal offence in both Scotland and England? In this case, I presume the police should take some action?

Expert:  JGM replied 2 years ago.
Yes, I did touch on that although I was concentrating on the civil side. This should be reported to the Scottish police.
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10272
Experience: 30 years as a practising solicitor.
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