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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12181
Experience:  30 years as a practising solicitor.
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I was arrested offence, detained over night then released

Customer Question

I was arrested for a offence, detained over night then released the following morning. I was released not questioned and no charges read to me and no charge sheet. There has bin no further contact from the police to myself. They contacted my place off work and informed them off the incident and said it had been sent to the proscil fiscal. The alapsed time has been 4 weeks i got intuch with the police station and they said i had been charged with the offences and it was in the hand of the proscil fiscal they also said that i was automatically charged they did not have to inform me and no charge sheet has to be issued, they also said it could take months before anything could happen and to wait, if nothing came off it then i would not be informed. I dont really know were i stand. Is this correct? should i be charged in person? and should i have received a charge sheet with the charges on date and time of the offence etc
Submitted: 2 years ago.
Category: Scots Law
Expert:  JGM replied 2 years ago.
Thank you for your question.
All of that is correct. You have been detained and released. A report has been made from the police to the procurator fiscal and the procurator fiscal will decide whether to prosecute. If he does the summons will be issued from the PF office. You don't say what the offence is but if it is a common law offence it could be months before they issue. There is no issue with any of that legally and you are not on bail.
The only thing I'm uncertain about is why the police took it upon themselves to tell your employer about any of this unless the alleged offence happened at your work.
Happy to discuss further.
I hope this helps. Please leave a positive response so that I am credited for my time.