How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask JGM Your Own Question
JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11135
Experience:  30 years as a practising solicitor.
31090051
Type Your Scots Law Question Here...
JGM is online now

Ive been arrested

Resolved Question:

On 13th May 2014 Police visited my home and removed computers and equipment. They had a warrant to search. I was at work at the time and not on the property when search was taking place. They issue the warrant to me at my work - around 1 hour into my home search. I was arrested and take to Police Station. I was released some 8 hours later as they couldnt find what they were looking for. They have had my computers for 17 months and yesterday I was rearrested as 'residual' evidence has apparently been found and I have to appear at a court hearing on 18th November. Originally, as my home was being searched without me initially being present, I didnt receive an inventory of what was removed. Where do I stand re this? I hope to see my Lawyer later today but Im wondering about if the aforementioned points stand in my favour. In any case I have never possessed the images being alleged.

Submitted: 1 year ago.
Category: Scots Law
Expert:  JGM replied 1 year ago.
Thank you for your question.
The fact that you weren't present, hadn't seen the warrant and weren't given an inventory doesn't matter. The authority is given, and starts, with the warrant. The Act makes no requirement for these things. All it says is:
"Complaints: orders and warrants.
(1)On any complaint under this Part of this Act being laid before a judge of the court in which the complaint is brought, he shall have power on the motion of the prosecutor—
(a)to pronounce an order assigning a diet for the disposal of the case to which the accused may be cited as mentioned in section 141 of this Act;
(b)to grant warrant to apprehend the accused where this appears to the judge expedient;
(c)to grant warrant to search the person, dwelling-house and repositories of the accused and any place where he may be found for any documents, articles, or property likely to afford evidence of his guilt of, or guilty participation in, any offence charged in the complaint, and to take possession of such documents, articles or property;
(d)to grant any other order or warrant of court or warrant which may be competent in the circumstances.
(2)The power of a judge under subsection (1) above—
(a)to pronounce an order assigning a diet for the disposal of the case may be exercised on his behalf by the clerk of court;
(b)to grant a warrant to apprehend the accused shall be exercisable notwithstanding that there is power whether at common law or under any Act to apprehend him without a warrant."
I hope this helps. Please leave a positive response so that I am credited for my time.
JGM and other Scots Law Specialists are ready to help you