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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10656
Experience:  30 years as a practising solicitor.
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My student son has received a letter from crown prosecution

Resolved Question:

Hello my student son has received a letter from crown prosecution service given him a written warning about an alleged offence. The alleged offence was for a traffic offence of which was not committed by son as he does not have a car or access to one. On the night in question he was picked up for been drunk and taken back to his student accommodation. I am concerned that his contact details have been entered incorrectly against the wrong offence. Unfortunately the letter was not opened during time of appeal. Can you please advise if there is any means of appeal to clear this warning off my sons name.
Submitted: 10 months ago.
Category: Scots Law
Expert:  Remus2004 replied 10 months ago.

What do you mean by warning?

CPS wouldn't normally deliver a police warning?

Customer: replied 10 months ago.
The letter states the cps is not going to prosecute this time as long as my sons accepts the letter as a warning. The alleged offence is stated as being held on file for 2 years.
Expert:  Remus2004 replied 10 months ago.

is it possible you could scan and email the letter?

Customer: replied 10 months ago.
have attached a copy. Only just discovered the unopened letter this week when shredding paperwork
Expert:  Remus2004 replied 10 months ago.

You are in Scotland which explains the difference.

I will opt out and move this to Scots law for you.

Expert:  JGM replied 10 months ago.

I'm a solicitor in Scotland. It appears the wrong offence has been put into the letter. Notwithstanding the time for appeal has expired you should tell them by replying to the letter that they have got it wrong. They'll then issue the correct letter. Happy to discuss further.

JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10656
Experience: 30 years as a practising solicitor.
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