Citation/summons To Attend Court Uk

[Jo5678]

Back in December 2016, I admitted an offence and got a deferred sentence to be on good behaviour until 31st May 2017. I will appear back at court then but I have recieved a citation to attend a pleading diet on 6th a June as I have been accused of committing a vandalism and breach of the peace offence on a march 21st 2017 although I wasn't even there and didn't do it. Is this breaching my bond? Or do I need to be found guilty of a crime within that deferred sentence time.

[goodgoalie]

http://www.theanswerbank.co.uk/Travel/Question1552941.html

[Peter Pedant]

it looks as tho you should turn up and plead not guilty

this is scots law and not a lot of us do that
you need advice closer home

[Buenchico]

Thanks for providing the clarification I asked for.

Sentencing for an offence (where sentencing has been deferred for a specified period) can only occur if the offender is convicted of a second offence (and sentenced for that offence) before the end of the period of deferral.
[Section 202, Criminal Procedure (Scotland) Act 1995]

So it looks like you're in the clear.

http://www.legislation.gov.uk/ukpga/1995/46/section/202

[Buenchico]

PS: I've assumed that you're referring to Scottish law. You need to understand that different parts of the UK have very different laws. In particular, Scotland has a totally different system - with completely separate laws in many cases - to the rest of the UK. So just telling us that you're in the UK doesn't suffice.

However if you're in England or Wales you're still safe anyway. It's completely different legislation which applies [Section 2(1), Powers of Criminal Courts (Sentencing) Act 2000] but it still requires a conviction before the end of a deferral period for a court to initiate sentencing for the original offence.

[Buenchico]

PPS: Now I'm hoping that, by "in the UK", you don't mean "in Northern Ireland"! Neither of the Acts I've referred to above apply there; I'm unsure of the rules in N. Ireland but I'll try to research them for you if you need it.

[Jo5678]

Next question .. on my citation I am charged with vandalism and breach of the peace although I wasn't there, the only evidence is 3 signed statements. How does that go about? Will it just be a he/she said case and also got a citation in for a theft charge from May last year? I thought after a year it would have got thrown out of court. Thanks

[Jo5678]

Sorry I am in Scotland.

[Baldric]

Duplicate thread
http://www.theanswerbank.co.uk/Travel/Question1552941.html

[New Judge]

Scottish Law is not my strong point but I believe the rules governing trials and evidence are similar to England and Wales.

You need to attend court and plead not guilty. You will then be served with the evidence that the prosecution will rely on to try to convict you. If this is just the three statements you mention you will need to request the three witnesses attend your trial so that they can be cross-examined (either by you in person or your advocate if you are to be represented). Their evidence can thus be tested by the court.

If your defence is to be “it wasn’t me, I wasn’t there” it would help if you could provide evidence to the court that you were elsewhere at the time. You don’t have to do this. You don’t have to prove anything. But it will cast considerable doubt on the veracity of the evidence of the three witnesses if you can show you were elsewhere.

[New Judge]

And Ed might care to remove the advert from MB Law.

[Jo5678]

Thank you I was more worried as I am up on the 31st a may 2017 for the end of my good behaviour bond