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

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garryt92

Member
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
 

Labrat

Well-Known Member
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.cgi?doc=/scot/cases/ScotSC/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.
 

Toxster

Well-Known Member
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.
 
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Pedro

Well-Known Member
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?
 

bewsher500

Well-Known Member
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?
 

TonyC

Well-Known Member
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.
 

redlab

Well-Known Member
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!)
 

garryt92

Member
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
 

Pedro

Well-Known Member
"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.
 

redlab

Well-Known Member
"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.


Why would you try paint the bleakest picture??? surely you should provide the full picture so the op has all the facts that he should know? This is how people become miss informed, and rumors start and then things start tumbling out of control.
And just for the record I sent a pm to the op stating that why it is a serious situation all is not lost as I personally know of license holder that got charged and convicted of dangerous driving that has still got both there firearms and shotgun certificate.

regards

David
 

Sinistral

Well-Known Member
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

The procedure for this is the same with the Procurator Fiscal under scottish law as it is under the Crown Prosecution Service under E&W law. The offence is level 2 so can't be dealt with by a fixed penalty, so the police have to 'report it' for a hearing in court.

Driving without due care and attention


The offence of driving without due care and attention (careless driving) under section 3 of the RTA 1988 is committed when the defendants driving falls below the standard expected of a competent and careful driver - section 3ZA(2) of the RTA 1988.

The maximum penalty is a level 5 fine. The court must also either endorse the drivers licence with between 3 and 9 penalty points (unless there are "special reasons" not to do so), or impose disqualification for a fixed period and/or until a driving test has been passed.



I think the interview with the Firearms Licensing Department is 'routine' in the sense that Garry's name has come up on the daily charge sheet printout all FLD's monitor, and the CRO system has made the link. They'll have a report of the incident, so depending on what the circumstances are (we don't know) he'll be told what their line will be if he's convicted. That's sound proactive policing to me.

As there's yet to be a hearing I don't think there's a need for a lawyer for the FLD interview....I wouldn't take one at this preliminary stage. I suppose he might need one later if convicted and there's been 'serious misbehaviour' and questions of trust & fitness to hold firearms.
 

Chanty Wrassler

Well-Known Member
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,

Get legal advice. I think it is the case (in Scotland, anyway) that once the police have charged/reported you, they may no longer question you in relation to that offence. It may then be that if the firearms staff question you, they jeapordise the prosecution for the driving offence. Get advice from a criminal / road traffic lawyer!
 

timbrayford

Well-Known Member
Get legal advice. I think it is the case (in Scotland, anyway) that once the police have charged/reported you, they may no longer question you in relation to that offence. It may then be that if the firearms staff question you, they jeapordise the prosecution for the driving offence. Get advice from a criminal / road traffic lawyer!
Good advice - take it.
atb Tim
 

garryt92

Member
well to today went good the inspector gave me a yellow card cant even get a parking ticket, and I get to keep my sgc and get my fac sent to me in a couple of days:)
 
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