What happens on the court date - Scotland?

[DaeYeKen]

I wasn't sure whether to post here, in relationships or even in scotsnet for the most useful replies.

My ex was arrested last week on stalking and harassment charges.

I had contacted police two weeks prior and honestly just thought they would go around to his house and tell him to back off. The relationship ended in November (though I'd tried to end it previously at his refusal) and the only contact I have made with him since then was essentially repeatedly asking/telling him to leave me alone and move on.

What actually happened is that police spent almost two weeks gathering evidence from my friends and family (who had also been contacted by him) and CCTV on my street and areas I travel to and from regularly, as well as taking hundreds of screenshots of messages from my phone. They then let me know he had been arrested, interviewed, charged, bailed with conditions not to contact me or enter the entire area surrounding my street, and has a court date for next week (they told me the date). Police told me I didn't need to attend court on that date.

So I'm wondering what happens next? I think I could go to court, but I don't want to. Will the police update me on the outcome? Ex has no prior legal matters with anything and has only previously been picked up by police for being drunk.

I never want to see him again, so I'm wondering whether the conditions not to be near my home are likely to stick? I live in the city centre, close-ish to his home and work, though not on any route he'd have to pass through to get to those places. Does he get sentenced? I feel as though it's unlikely to result in a custodial sentence, I'm still kind of in shock police took it so seriously to begin with. I'm just confused as to what happens next or if I have to do anything or speak to anyone?

Any general advice would be greatly appreciated

I also want to delete all of the messages from him now, but I'm not sure if I'm 'allowed' or if they might be needed at a later date? Police took a lot of the messages from November to now, but I'm aware there are many more from the time of the relationship that add a lot of context to the overall situation... Including where he's previously admitted to stalking other women as a hobby (though they're not named), and generally explaining his overall attitude towards women. I told police this at the time and they said they had more than enough already. Does that mean they'll never need the other messages and it's now safe to delete them, and by extension delete the remains of him from my life? That's what I want to do.

Sorry you have experienced this OP.

Ok so he has been released on what is called a bail undertaking. So the police have him on bail with the conditions just now, with a date very quickly to appear in court. On that morning her will attend and will be given (or will have already received) a complaint which details the charges and a summary of the evidence they have.

He has three options, plead guilty. Plead not guilty, or continue for a short period without plea(perhaps two weeks for legal advice or negotiations).

If he pleads guilty, the sheriff will likely call for a social enquire report and sentence will be deferred until that is made available. Between four and six weeks. Bail continued.
If he pleads NG, an intermediate and trial will be fixed, bail continued. You would be cited to attend if it goes to trial.
CWP, Bail continued.

In terms of sentencing it's difficult to guess without knowing the exact charges. Background etc. Very often the sheriff will impose something like a 12 month sentence for good behaviour which sort of hangs over the offender to monitor whether they will desist.

In some cases the fiscal asks for a non harassment order to be granted.

You don't have to attend unless cited but it's a public court so welcome to do so. Would be fairly unusual, most just wait to be updated. Most areas now have a domestic abuse support team who would contact you to discuss outcomes and support which may be needed. For example ASSIST in Glasgow.

Re your phone, I would check with the investigation officer but if they wanted it for evidence they would usually have taken it. They may have his and can get the records.

There's quite a lot of steps depending on the route he takes, things go off, court time, custody trials, etc etc. This is just a broad overview of the general procedure.

The court will get in touch with you usually to advise re outcome.

@brokengate thank you for that, it's helpful.

I'm not actually sure what the exact charges are, the officers who attended my home initially said there would be stalking and harassment charges under domestic abuse. They did say this would be referred to relevant domestic abuse support places and likely my children's schools etc but I haven't heard from anyone in that respect yet.

The evidence police have includes messages where he already admits to hanging around my street hoping to see me, and similarly around the station I regularly travel to and from, as well as a route I typically walk with my children. His messages say he did this with the intention of seeing me.

They also have more than 50 messages in which he repeatedly promises this will be the last I ever hear from him (and then of course goes against that assertion again and again). At every single point of contact I remained firm that I had no desire to see or hear from him again, refused to answer his questions about my life or anything I was doing and even sent him links to counselling services he should use if he was struggling.

I can't imagine with all that he would be advised to plead not guilty, though I believe he would if he knew there was a chance he'd see me in court.

I've had experience with men like this before (mostly my father) so I clicked on pretty quickly that I didn't want him around. I have a strong network of friends and family and while I fully understand this would be really unnerving for some people, for me it's mostly just been a nuisance. I don't feel scared or threatened, I just wanted it to stop.

In terms of background he's never really been in trouble, has a clean DBS check, and works in a place that a conviction of any kind won't have much effect on unless he physically can't attend. He's a functioning alcoholic, which I am certain will be his reasoning for his behaviour which occurs mostly in the early hours of the morning.

He doesn't have to come to my end of town for anything as part of his normal daily routine so I am really hoping that condition in particular sticks, mostly because I'm concerned his next avenue to target may be my eldest son who travels to and from school alone. This was what prompted my call to the police, as I had previously been able to predict his actions until this point, and then wasn't sure what would be next and so felt I'd lost my handle on managing the situation myself.

I have some more questions if you don't mind...

You said he'll be given a summary of evidence, does that include my statement?

If the police have enough evidence to charge him does that not mean they also have enough to confirm guilt?

What is a solicitor most likely to advise him to do in this situation?

The summary of evidence does not include a copy of your statement. If he pleads not guilty a copy is given to his solicitor in advance of trial.

Doesn't matter what the evidence is, still entitled to plead not guilty. It's up to the fiscal to prove the case. Although his solicitor cannot mislead the court. So for example, cctv shows accused hitting someone. They can say not guilty, go through motions of trial, but solicitor couldn't say it was not them.

They do get a reduction of sentence the earlier the plea.

Hard to tell really. From a practical point of view, very often not guilty. Papers are just seen that morning, solicitor busy, loads of cases. PNG and have time to apply for legal aid, look at evidence, negotiate charges. Either that or continue a few weeks to do that. A guilty plea on a first calling is probably your rarest outcome.

Summary of evidence is just that.

So it might say

Previous relationship (domestic)
Text messages seen, for example, ......
X, y and z spoken to.

His interview completed where he said X, y and z.

He was then charged and released on bail.