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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12199
Experience:  30 years as a practising solicitor.
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my husband has been bailed following an assault charge on

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Hi my husband has been bailed following an assault charge on me. He is in poor health and living with a friend as he is not allowed to contact me or enter our home. I have contacted the VIA service to find out the exact nature of the charge and they told me that in addition to 'seized by clothing' and 'pushed' he has been accused of catching me by the neck. This cannot be accurate as I have been receiving treatment for a work related repetitive strain problem in my neck, shoulder and arm and I would have been in a lot of pain or even screaming in pain- this did not happen - I was not injured in any way. In addition to a statement I unwittingly gave to police after 2 witnesses contacted police following our argument in front of our house I may have said he caught me by the scruff of the neck but I actually meant the hood and collar. He is due to appear at an intermediate diet on Friday as he pled not guilty. I am concerned that the charges are not accurate and feel at a loss as to what to do about it-can I write to the Procurator Fiscal and copy in his solicitor to provide clarification or will this cause more problems? Would appreciate early reply.

Thank you for your question.
You can contact the PF to ask them to take a fresh statement from you. You can also tell his solicitor the position by providing a statement to him. It will of course be for the PF to decide how to deal with this information but you can't be critisised for wanting to amend something that you feel was not accurately reflected by the police at the time.
Happy to discuss further.
I hope this helps. Please leave a positive response so that I am credited for my time.
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