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Thread: Got a letter to go up and see my fao for an interveiw, would I need a lawyer with me

  1. #1

    Got a letter to go up and see my fao for an interveiw, would I need a lawyer with me

    Hi
    i got reported to the prosecutor fiscol last week for careless and incosidarote driving,
    got a letter the smorning from the police to go up to Pitt street police station for an interveiw for my continued suitability to posses shot guns, I called them to arrange an interveiw I have to go up on Tuesday the 23 if July, any tips would be appreciated to help me keep them, would I have to take a lawyer up with me?

    ​thanks garry

  2. #2
    Are you a member of basc or similar? If so give their legal guys a call to discuss.

  3. #3
    Can I suggest you familiarise yourself with: the correct test for revocation of a shotgun certificate - which is very different from that for a firearm certificate: That the chief constable believes the certificate holder "cannot be permitted to possess a shot gun without danger to the public safety or to the peace."





    Also with:


    Clark v. The Chief Constable [2006] ScotSC 67 (11 December 2006)
    http://www.bailii.org/cgi-bin/markup...C/2003/44.html

    Which are caselaw examples of revocation attempts for Driving offences in Scotland

    and for what its worth, I wouldnt dream of going into such a meeting without either a lawyer present, or getting good legal advice first.

  4. #4
    As you've only been accused, I suspect they'll be looking to check if you are likely to harbour a grudge against the constabulary/the person who reported you/society... They're covering their backs regarding public safety. The objective for you then I guess is to demonstrate that you are a reasonable person, willing to take your punishment (if found guilty) and happy to move on and learn. If you are pleading not guilty then that you are happy to allow the process to take its natural course.

    The nature of the accusation is also likely to be key. If it's crap overtaking then just nod and smile etc, if it's a road rage accusation it's a different ball game.

    You are going to have to be careful that you don't say anything in this interview that will be prejudicial to your later trial. Def. don't go in there alone; this could be a fishing trip due to lack of witnesses or corroborating evidence.
    Last edited by Toxster; 18-07-2013 at 10:37.

  5. #5
    Any certificate holder that is convicted of an offence will have their certificates reviewed by their issuing force, and so they should. Normally, for example with a minor speeding offence, this won't amount to anything. However, if the nature of the offence gives immediate cause for concern, they may well look to act sooner, even before the case is concluded. If the circumstances show undue aggression or violence for example.

    I don't think they'll be trying to trick you into any admission regarding your alleged motoring offence, but as has been said, they could use anything you say...

    One way to look at things they may take is that the most dangerous thing you own isn't any shotgun or rifle, but your car. They kill and injure vastly more people than sporting firearms. If you are reckless when driving your car, are you reckless when using your guns?

  6. #6
    Quote Originally Posted by garryt92 View Post
    Hi
    i got reported to the Procurator Fiscal last week for careless and inconsiderate driving,
    am I reading this right?
    A police officer or a member of the public "reported" you?

    do you mean you are being prosecuted for this offence or some bloke took your number and called the police, prompting a letter?
    The PF only gets involved if the Police wish this to be investigated and prosecuted in court?

    I got a nice letter from the police telling me they had spotted me using a phone at x time on x day in x vehicle....please don't do it again....
    doesn't mean anything unless you are CONVICTED
    Is that likely?

  7. #7
    Quote Originally Posted by garryt92 View Post
    Hi
    i got reported to the prosecutor fiscol last week for careless and incosidarote driving,
    got a letter the smorning from the police to go up to Pitt street police station for an interveiw for my continued suitability to posses shot guns, I called them to arrange an interveiw I have to go up on Tuesday the 23 if July, any tips would be appreciated to help me keep them, would I have to take a lawyer up with me?

    ​thanks garry
    It should go without saying that you should not entertain a caution "to close this issue" (I presume that Scottish law is the same as English in this case).

    It may pay to invest taking a lawyer with you - at least they will see that you are not taking the issue lightly.
    TonyC

  8. #8
    Quote Originally Posted by Pedro View Post
    Any certificate holder that is convicted of an offence will have their certificates reviewed by their issuing force, and so they should. Normally, for example with a minor speeding offence, this won't amount to anything. However, if the nature of the offence gives immediate cause for concern, they may well look to act sooner, even before the case is concluded. If the circumstances show undue aggression or violence for example.

    I don't think they'll be trying to trick you into any admission regarding your alleged motoring offence, but as has been said, they could use anything you say...

    One way to look at things they may take is that the most dangerous thing you own isn't any shotgun or rifle, but your car. They kill and injure vastly more people than sporting firearms. If you are reckless when driving your car, are you reckless when using your guns?
    I don't think so..... I have to say that think that will depend entirely on the force (although scotland now only has one!)

  9. #9
    Quote Originally Posted by bewsher500 View Post
    am I reading this right?
    A police officer or a member of the public "reported" you?

    do you mean you are being prosecuted for this offence or some bloke took your number and called the police, prompting a letter?
    The PF only gets involved if the Police wish this to be investigated and prosecuted in court?

    I got a nice letter from the police telling me they had spotted me using a phone at x time on x day in x vehicle....please don't do it again....
    doesn't mean anything unless you are CONVICTED
    Is that likely?
    Yes it was the police that reported it

  10. #10
    "I don't think so". Yes, it does depend on the force and indeed other variables, but if you try to paint the bleakest picture and are prepared for that, you won't be taken unawares and anything less is a bonus.

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