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Assault

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patbhoy | 09:08 Fri 31st Jul 2015 | Criminal
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A neighbour has accused me of assaulting him back in December 2014, the police were involved and statements were taken and no charges were brought against me.
The police returned around March time to inform me that the case was being closed.
Yesterday (30/07/15) I received a call from the police informing me that my neighbour has come forward with new evidence and that the case was being reopened and a report was being sent to the procurator fiscal.
I thought it strange that a report was being sent to the PF even though I've never been charged, is this right?
Don't know if it matters but I'm in scotland.
  

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>>>I thought it strange that a report was being sent to the PF even though I've never been charged, is this right? I assume that the law is similar to that in England where charges are actually brought by the CPS (which, in your case, means the Procurator Fiscal), rather than by the police (even though any charges are actually laid before a defendant by the...
18:56 Fri 31st Jul 2015
I'm not sure about the law in Scotland but in England and Wales a "summary" offence (i.e. one that can only be dealt with in the Magistrates' Court) must reach court within six months of the alleged offence. Common Assault (which is assault resulting in minor or no injury) I believe is dealt with in the Sheriff's court in Scotland but I'm not sure if the six month rulee applies.
>>>I thought it strange that a report was being sent to the PF even though I've never been charged, is this right?

I assume that the law is similar to that in England where charges are actually brought by the CPS (which, in your case, means the Procurator Fiscal), rather than by the police (even though any charges are actually laid before a defendant by the police). So the police are simply saying that they need to refer the case to the Procurator Fiscal for a decision as to whether there's now sufficient evidence to charge you.

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