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Share your dilemmas and get honest opinions from other Mumsnetters.

My brother’s court case in Scotland

96 replies

Saladmakesmesad · 21/04/2020 12:49

Posting for traffic. V difficult situation so please be kind. 😢

My brother has been charged with a very serious crime in Scotland. Arrested in July last year. My family are trying to hush it all up and minimise it. I found out from regularly checking the court rolls that he appeared in court yesterday. As I understand it, this will have been to finalise the charges following the investigation. He will have pleaded guilty and I think there will be another hearing now for sentencing.

My question is - how do I find out what he’s been charged with exactly and what he is sentenced to? Remember that it’s Scotland so different to England (where I am). It hasn’t hit the press as far as I can find out, but might.

Thanks for any help. Sorry if I sound cold, I’m very distressed and trying to get facts so I can move forward.

OP posts:
Desertislanddreamer · 25/04/2020 16:05

You need to call the procurator fiscals office to get more information regarding your brother. The sheriff court won’t give out any details especially if he was up as an indictment which is heard in private.

TimeForChange123 · 25/04/2020 16:29

@Thestuffisbad Because you're suggesting that the reason you wouldn't need Court info is because you live in Scotland and haven't needed it..

As if crime doesn't happen there. Or something.. but it definitely does, hence the whole point of the OPs thread Confused

The reason you don't need Court info is because of your individual circumstances, not the country you live in.

As several posters have pointed out..

Gingerkittykat · 25/04/2020 16:39

I was in the same position last year with a relative who had broken her community order and also assaulted someone (she is bipolar and was very ill at the time).

Neither the police or courts would give any information to my sister about her daughter due to data protection concerns. All the police would say was that she was in a safe place. We knew she was in jail but nobody would tell us what jail she had been sent to either.

It looks like the only way to know what is happening is to regularly check the court rolls so someone can turn up in person.

BumbleBeee69 · 25/04/2020 16:46

As if crime doesn't happen there. Or something.. but it definitely does, hence the whole point of the OPs thread

I'm in Scotland... and you are correct.. happens everywhere... Flowers

TheStuffWasBad · 25/04/2020 18:47

What the fuck are you talking about... you sound like a simpering hand wringing idiot.. FFS

What? So someone saying they are glad they don't mind in Scotland because they can't get court information is fine, but me saying I don't want to live in England isn't? 😂😂😂

TheStuffWasBad · 25/04/2020 18:50

Why?

Because I love life in Scotland, and the politics suits me better than English politics in general. I don't dislike England at all, and visit fairly regularly. I have very good friends in Yorkshire, the Midlands and London. But living there has never appealed.

TheStuffWasBad · 25/04/2020 18:51

Because you're suggesting that the reason you wouldn't need Court info is because you live in Scotland and haven't needed it

Didn't suggest anything of the sort.

TheStuffWasBad · 25/04/2020 18:52

Having reread my message, I can see who you thought that was what I was getting at. It was really a comment on the absurdity of not wanting to live in a country based on whether or not you'll get court information by phoning up.

SoupDragon · 25/04/2020 18:53

Because I ...

None of which are at all relevant to the thread so your post makes no sense.

TheStuffWasBad · 25/04/2020 18:55

None of which are at all relevant to the thread so your post makes no sense

Exactly! That was kind of the point. It made as much sense as not wanting to live in Scotland because you might not get the information you want when phoning up courts!

Corna · 25/04/2020 18:59

I have been in the same situation twice sadly, and also had family members trying to control the narrative whilst expecting me to support without question. I was lucky in that I got the information I needed to make my own judgements about the person involved from a reliable source who shared only what was publicly available. The other time I just googled the persons name and the information was there on news websites. It was really sad both times as I knew the two involved since I was a child and I felt really let down. I am still close to one but not the other (different relatives and different crimes, one much more serious than the other) You are entitled to the public information same as anyone else. I hope you are ok op.

BumbleBeee69 · 27/04/2020 16:35

What? So someone saying they are glad they don't mind in Scotland because they can't get court information is fine, but me saying I don't want to live in England isn't?

But that's NOT what you said... the above is your explanation after the fact...

Below is what you actually said.. and it's xenophobic..

I'm glad I don't live in England. I've never had cause to phone my local court for information, and even if I had, I don't think that would be even close to enough to change my mind on the matter.

and having cause to phone your local court is neither here nor there... there are countless reasons for seeking such information.. unless you live at the top of Ben Nevis in a tent... and if you are.. hell your wi-fi is great Hmm

TheStuffWasBad · 27/04/2020 17:18

and it's xenophobic

😂😂😂

Aye right, so it is.

TheSpottedZebra · 27/04/2020 17:28

Is it possible that it's only the outcome of the court that is for public record, and not the charge? So if court case was delayed, there's no outcome hence nothing to tell you?

Saladmakesmesad · 27/04/2020 23:58

@Desertislanddreamer Why is an indictment held in private?

@Gingerkittykat Similar thing happened to us at the time of the arrest. He got arrested but didn't give the police permission to tell anyone he was in custody so effectively just went missing. Didn't show up to work and we were all hunting for him. We reported him missing to the police and they came back and said he was 'safe and well' but that they couldn't say more. It took repeated calls and a family member figuring out something weird an officer had said for us to realise he was in custody.

I've managed to get a bit more information for now, though not the charges at the moment. But I'm really grateful to know a bit more, for now.

OP posts:
DollysDrawers · 28/04/2020 08:32

I think a couple of you posters have completely tried to derail this thread with with your little personal battle. Hardly helpful to the OP.

TheStuffWasBad · 28/04/2020 09:58

Just as well your contribution has been so helpful to make up for it then.

Desertislanddreamer · 28/04/2020 13:57

It’s held in private due the seriousness of the offence. Only the accused, their solicitor, procurator fiscal, court officer, clerk of court and judge would be present.
Are you any further forward in finding out who his solicitor is?

Saladmakesmesad · 28/04/2020 15:23

@Desertislanddreamer Yes I know who how solicitor is but I’m not sure that helps me does it?

Excuse my ignorance but why would a serious crime hearing be held in private? Surely they’re of interest to the public too - maybe more so?

OP posts:
FairfaxAikman · 28/04/2020 15:45

It's just the initial two hearings that are private in indictment cases.

The first hearing is when the accused is brought in from custody. The accused enters no plea, is either bailed or remanded in custody and the case is continued, usually for one week.

At the second hearing they are committed to trial.

Serious cases get referred to the High Court (equivalent of the Crown Court) but the PF can decide that it should be heard in the Sheriff Court (our middle tier of courts, we also have Justice of the Peace courts)
Everything after the initial hearings is public though.

Desertislanddreamer · 28/04/2020 15:54

As with his permission his solicitor should inform you of any further court dates and the actual charges against him.
Only the first couple of steps of a petition is held in private. If and when it goes to trial then the court would be open to the public. At the moment with covid19 all sheriff courts in Scotland are closed to the public and are only hearing custodies and emergency case.

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