If someone makes an accusation about you having committed a crime to the police, then they will investigate this. They may arrest you in order to question you. Being arrested is not the same as being charged with a crime.
If the police believe that they have enough evidence to prove beyond reasonable doubt that a crime occurred, and that you committed it, then they will charge you with that crime.
They will submit the case to the Procurator Fiscal (which is like the Crown Prosecution Service in England). The Procurator Fiscal will then decide if there is enough evidence to hear the case in court and if prosecuting the case is in the public interest.
You can read the Scottish Government information on this here.
If you are accused of a crime and you are arrested, we would strongly recommend that you follow the following Key Advice:
- - Seek legal advice
- - Do not contact the person who has accused you of the crime, particularly if you have been accused of violent, sexually violent or threatening behaviour.
There’s useful information on legal support here.
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