Scotland

Hi, this is my first post. When i was 16 a friend and i took a small rowing boat to fish from a pier without the owners permission. The police were called and we were arrested. As far as i remember we were charged but no criminal proceedings were brought against us, we received a letter from the procurator fiscal detailing this. I am now 26 and have secured a position within an investment bank who have only to conduct background checks before i commence employment. I am anxious to find out if this incident is regarded as a 'police caution' and whether i will have to disclose this in the background check application. The incident occurred in Scotland in 2004. Also, would …

Dear Sirs Scots Law I currently own a ground floor flat within a tenement which consists of eight flatted dwellings build around 1950. At present seven of these are privately owned (including my own) and one which is also on the ground floor remains the ownership of a local housing association. This was up till a few years ago owned by the local authority but transferred out to a local housing association. Within the ground floor entrance areas there are seven old cellar cupboards, the title deeds are silent on these and a gentleman’s agreement was in place with regards to who used which one. The six upstairs neighbours have a cupboard each and the remaining has been u…

There was a previous thread of people who had trouble with false allegations being made against them which is now locked. The only replies were of people in the same boat but the initial question was never answered which was pretty much along the lines of "what consequences is there for those who have made false allegations?". Its a good question. I find myself in the same boat and due to a lie I have found that I have been degraded, humiliated, destroyed. My employers have been approached - everything. . I also get that most people who are arrested probably are maintaining their innocence but what about the 1% that are genuine? what about the 1% who have their liv…

I lived in Edinburgh for one year and during that time was the girlfriend of a prominent Edinburgh businessman. Six weeks before my UK working holiday VISa expired we broke up. For one month post break up, this person became increasingly abusive, derogatory and unpredictable in his manner and behaviour (texts, emails, driving past my house) and it got to a point where I was so scared from the content of the communications (threats to come to my work and try to get me fired, to come to my house and get me evicted, threats to contact family) that I attended at a police station and explain my case. The police I spoke to agreed to make contact with this person. They did, how…

Just a debate we were having. Power in Scotland to enter a hotel room if you have reasonable suspicion that there's stolen property/drugs etc etc. Can you just get permission from the hotel owner to enter the room? What if the people that have bought the room for the night object? If the hotel owner doesn't give permission do you have to go down the warrant route?

Hello Everyone, I represent the online group Firearms UK and as some of you may be aware the Scottish Government is trying to push through a proposal to licence low powered airguns in Scotland. Now in our opinon this is a costly disproportionate piece of legislation being forced through by the emotionally driven agenda of one man. It will simply crminalise and punish a law abiding majority for the sake of a few morons. I'd be really interested to hear the opinions of such an action by people such as yourself do you support it or are you against it? Once I've got a few responses I'll post some of the facts and figures that support my argument that it is a pointless …

Looking for any insight or experience before I engage legal support and/or police I own a property in a rural smallholding estate which has approximately 28 small holdings and one main farm serviced by a privately owned road (gravel track) running through the estate. Each small holding has an ownership of the road (my deeds say I own 1/21st of the roads). The local farmer has applied for planning and been granted conditional permission for 2 houses in the field next to my house. The condition put on the planning application is that the farmer must put in place "Passing places" every 150 metres. Myself and all the other small holders opposed it as the road (and other ser…

I was recently tasked to go out and try to find somebody wanted on a European Arrest Warrant with some colleagues and we started having a discussion about whether a European Arrest Warrant carries a power of entry. In the end it didn't matter as a Sheriff Court warrant had been issued anyway but we never did manage to reach a conclusion. Does anybody have a definitive answer?

In Scotland how long after an minor assault can you report it to the police?

Hi I wonder what your thoughts are on the Criminal Justice (Scotland) bill, currently going through the Scottish Parliament. I have had a cursory glance at it, and it appears to be a wide ranging bill affecting many aspects of police and legal procedure, the most striking of which being the abolition of the rules on corroboration. Will abolishing corroboration help or hinder you in your work, and will it be good or bad for the legal system in general? I don't pretend to know everything about many other topics covered in the bill, but feel free to comment on them if you like. They include arrest, custody, interview, powers, court procedure, appeals and senten…

Hi all, Just have some queries regaridng Formal Adult Warnings. Would appreciate any help with these; 1) It says that they become 'expunged' or are only held on the Scottish Criminal History System for 2 years. Does this mean that after two years, there will be no trace of this FAW at all? 2) After two years will a FAW show on an enhanced disclosure check?

Can someone point me in the right direction. I'm sure someone told me that lost & abandoned property (not bricks and mortar) is crown property under common law in Scotland. I've tried Google search but can't find any legislation to back this up can someone post a link or point me in the right direction.

As someone who may be serving as an SC with an England and Wales force yet heading off to uni to study Law in Scotland , I just wanted to know out of curiosity (as after all I have no experience of Scots Law)... What are the main similarities and differences between Scots and English Law? Are they really all that different? I was once reading an article stating that those qualified in Scots law can become qualified to practice in England and Wales by taking one exam. I think in Tax law , Inheritance and Probate.

Am I correct in thinking that a DR10 conviction resulting in a 12 month ban and fine will be spent in 5 years but will still show on driving licence for 11 years? A conviction for assault to permenant disfigurement resulting in 150 hours community service and a fine will be spent in 8 years ? I am asking this on behalf of a family member who is in the process of getting a basic disclosure scotland and is unsure of what will still be on it. The assault conviction is from 2005 The driving conviction is from 2008 Any help appreciated. Thanks :)

Hi guys, My first post on here so please bear with, I am through to the assesment centre for Grampian Police which i am chuffed about. I am however at a slight disadvantage in the sense that, I live in England and for the past 25 years have lived by english law. Does anybody have any good websites or suggestions on scottish law differences. In my interview they pointed out that this is an area I need to look into. I plan to go up to Aberdeen a few days before my interview and have organised meetings with current police officers just to try and gather information more than anything. Any help / guidance will be greatly received Liam.