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Ask JGM Your Own Question
JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11155
Experience:  30 years as a practising solicitor.
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In Scotland , can you be charged and released at the police

Customer Question

in Scotland , can you be charged and released at the police station , with no overnight detention prior to court?
Submitted: 1 year ago.
Category: Scots Law
Expert:  JGM replied 1 year ago.
Yes you can. You can either be released on police bail to appear in court on an undertaking to do so, or you can be released with no bail undertaking and the police may simply make a report to the procurator fiscal who will decide whether to prosecute or not. Happy to discuss further.
Customer: replied 1 year ago.
what is the general criteria for being held overnight after charging , ie violence , drugs or high risk offences ,
I believe someone has took a facebook message of mine , classed it as racist and the police are enquiring, they have been at my door but I work away and was in new York when they phoned .
should I present myself , but not on a Friday or Saturday !?
Expert:  JGM replied 1 year ago.
The criteria is public safety and risk of absconding. I don't think the matter you describe would result in detention, more like interview and report. Wait 'till they get back in touch.
JGM and other Scots Law Specialists are ready to help you
Customer: replied 1 year ago.
thanks for that , I have tried to speak to him several times and left messages , all my efforts logged, this has been going on since 2nd feb 2016 when they visited my house and no one in, the complaint was nov 17th 2015.
is it fair to say that if it were extremely serious they would have got me by now , either by warrant or ask me in?
Customer: replied 1 year ago.
did you get my last message at 12.03? ive had no answer.
Expert:  JGM replied 1 year ago.
I would agree with you. Let them contact you. It's clearly not their priority.