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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12076
Experience:  30 years as a practising solicitor.
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I was charged with a criminal offence in 2013 based on false

Customer Question

I was charged with a criminal offence in 2013 based on false allegations. I was arrested and held in police custody for 48 hours. The police informed my employer I was facing charges under the sexual offences Act. As a result I lost a highly paid professional job and career I had spent many years building up. My reputation was destroyed. I was put through numerous court appearances but the case was delayed for over a year. As a consequence I was unemployed for a year as I was effectively unemployable. There was NO evidence against me except a false allegation. After 18 months the case against me was dropped. I now intend to take action for redress for the above. I would like some advice on where and how to start this process. Thank you
Submitted: 2 years ago.
Category: Scots Law
Expert:  JGM replied 2 years ago.
Thank you for your question. I am a lawyer in Scotland.
Against whom do you intend to seek redress?
Customer: replied 2 years ago.

The police and PF for bringing a case that had no basis. Not only that but costing me my livelihood and effectively leaving me unemployed for a year while I was left hanging. The case was adjourned on many occasions. It could easily have been dropped much earlier - which in the end it was. The authorities do not have the right do destroy the lives of innocent people with impunity. Action must be taken and I would appreciate advice on how to start this process. Thanks

Expert:  JGM replied 2 years ago.
Is this not the fault of those that made the false allegations rather than the authorities?
Customer: replied 2 years ago.

No. These allegations referred to the supposed presence of a "sexual" image on a mobile phone. No such image existed on the phone or ever had. This could easily have been established by the police with a cursory glance at the contents of my phone at the time of my arrest. This was not done despite my requests to do so at the time. Instead I was subjected to 18 months of hell because of a guilty til proven innocent mentality. This resulted in the police informing my employer which meant I lost my job. In the end the case was dropped which bears out my point. I am now back home working in London and no longer subject to the vagaries of the police state that exists in scotland (the supposed offence does not even exist under the Act in the rest of the UK!!!!!!). I believe I have a strong case against the state for loss of livelihood and the distress brought

Expert:  JGM replied 2 years ago.
Under Scots law you can sue the police for malicious arrest. You have to prove that there was malice. You are part of the way there, I would suggest, in respect that the police told your employer that you were charged with a sexual offence. There would, presumably, be no reason for the police to say this to your employer's other than to cause trouble for you.
You can't sue the procurator fiscal as court proceedings are privileged and as such the prosecution is exempt from civil suite arising from a prosecution. However, all of this seems to stem from the police not carrying out an investigation properly so your case would correctly be directed at the Chief Constable in my opinion.