Scotland

I have a non harassment order against my ex boyfriend after going to police when he wouldn't stop texting me. There were no threats or anything he just wouldn't leave me alone. I was recently told that if someone has a nho against them then the police have a duty to inform their current girlfriend about this. Is this true? I doubt he will have told his girlfriend about it and im worried that if they do this then things are just going to get worse and he'll blame me. Things have been great since the court proceedings started and ive heard he's moved on and doing well, however my fears have returned since being told this information. Can anyone confirm this is true? I th…

Hi, The duty officer told me adhering to bail condition after my arrest would show and create trust between me and the court judges to stay away from someone in future is this true? Also, can your fine or jail term time be reduced through adhering to bail conditions? Thanks.

Hi my ex partner is threatening me that if i see my children when he has them he will move them away / not allow contact / not allow communication via phone calls / call the police. This is all documented in text messages. Is this blackmail. This last situation occurred on a day when they were starting their first day at school for the year and he had contact on that day. Is this a form of blackmail? I live in Scotland. This has been an ongoing situation and the boys have been used in this manner on at least a monthly basis. He has hit me in the past and police were called on a number of occasions. A few weeks ago, we also had an argument where i got frustrated and upse…

So I had the impression that with regards to section 13 CPSA1995 you can require a suspect to give you their details and can use force to ensure they remain with you while you verify them. I've just noticed that subsection 4 says that you can use force to ensure that that they remain with you but doesn't reference the verification at all. So can you just use force to ensure a suspect remains with you even after you've noted everything? If so, is this not a kind of arrest or detention? If not... Say BigBadBoy gives you his various forms of ID while you're outside his house just as the postman turns up and greets him personally. Do you have any powers to compel him to re…

Hello, I will shortly require undertaking a new PVG (enhanced disclosure) check for continued registration to a professional body. I have a problem in that I recently received a Fixed Penalty Notice. I paid this straight away and was told that it didn't constitute a criminal conviction or mean I would have a criminal record. However, I've started to worry about this and am seeing mixed information online. On the Scottish Government website, I found this information: Non-conviction information (Access to this information is by virtue of section 49 of the PVG Act) Information which the chief officer of a relevant police force thinks might be relevant to the regulated…

Hi, Ive been offered a great job today and as part of the recruitment process they will be requesting a Basic Disclosure. Apart from some driving offences I've kept my nose clean for over 5 years so any of the minor convictions I had previously are now spent. The only thing I'm worried about is around 4 years and 9 months ago I was contacted by the police as I had an unpaid fine due from a conviction 2 years prior to this. I handed myself into the station, spent the night in the cells and paid the fine before I was due to appear court the next day. Will this show up on a Basic Disclosure in Scotland as a conviction or not?

Previously when I have had to have property returned from a police station it has been free though I have not had to do this for many years. Recently a friend left a bag containing a laptop in a taxi in Edinburgh and the driver took it to a police station. When he went to retrieve it he was asked the value of the goods and then told he would need to pay £150 (10% of the value) to have them returned. This sounds highly suspicious to me. I could understand a small administration charge of £10 having been introduced but £150 seems rediculous. One reason given was that they had to give a reward to the driver. As an aside they refused to return his driver's licence and pas…

I have some nasty neighbours. They are blocking my driveway everyday. Can anyone explain to me about regulation 103 about obstruction. Are they legally blocking my driveway? Added by MOD, WARNING, these videes have very offensive lyrics in the backing music and are not suitable for work or even other company

Not sure if this should be in the Scenario bit or not. However I'm looking for what crimes/offences may be committed in Scotland in the below described scenario. You turn up to escort an Orange walk. Before doing so you observe a young child with the initials of a proscribed terrorist group (loyalist) painted on her cheeks, she is accompanied by her mother. What options are open to you?

Hi Folks, Just looking for your opinion on the use of Section 13 CPSA for obtaining details of witnesses/suspects. I have never had to formally use the legislation, I'd like to think that is because of my great communication skills and as such, I sometimes have to remind my self it even exists. I came across a situation a few weeks ago whereby an assault had occured in the street, the victim stating two males had been involved, no description passed. CCTV then observed two males near to the locus (who stood out due to the time of morning). Stopped the males to have a chat, note details etc and was met with two un co-operative males. At that time I didn't actually bel…

Section 103 of the Road Vehicles Construction and Use Regulations makes it an offence for anyone to obstruct a roadway. Now, the interpretation has always been that someone wishing to make use of the roadway i.e getting their car out of their driveway is unlawfully obstructed if someone parks across their driveway preventing them pulling out. However, it has not seen to be an offence (by my force) to prevent someone gaining access to their driveway. Recently our force has been notified by the Fiscal that we are to interpret obstruction as also meaning preventing someone from moving their car off the roadway and onto private land. This is due to a recent complaint that…

Hi all, just a quick question. I'm currently going through training in PSoS and have a question regarding Section 4 Road Traffic Act. Section 4 states that it is an offence for any person to drive, attempt to drive or be in charge of a mechanically propelled vehicle on a road or public place whilst unfit through drink or drugs. Section 5 states that it is also illegal, however it also quotes that the alcohol just be over the prescribed limit. Would this mean that in theory you could be arrested for drink driving whilst below the limit as Section 4 only mentions that you must be 'unfit through drink or drugs'. Cheers!

Hello, I am aware hat there is legislation in place for S.26 RTA 1988 and similar which abolishes the requirement for corroboration for such offences. However, I have trawled the 1988 act aswell as the Road Traffic Offenders Act, however, I have never manaed to track the section down. Anyone able to shed any light on what the legislation is? Thanks.

Hi there, Looking for some advice. My wife and I are estranged from her family/in-laws. After a huge falling out three years, she told her father (representing the whole family) not to ever come around to our house. Three years later, today, he appears unannounced and uninvited to a new house we moved into a few months back. This has caused considerable distress to my wife and I am very angry as a result. Her dad did not know where we lived at our new address, so have obtained our address by possibly illegal means. But that's a side issue.* My main concern is what can we do to ensure he does not come to our house again? Can a restraining order be issued at this sta…

Is it illegal to use it for self defence in scotland?