Section 38 Test Page

A: Yes. After lockdown started there was an enormous increase in activity due to the pressure of lockdown, almost always in a domestic setting.

A: Normally, we defend persons charged with crimes, such as your partner. However, in certain circumstances, we may be able to liaise with the Procurator Fiscal (PF) on behalf of victims/witnesses in relation to issues they may have with the prosecution of their partner.

A: It is often not that simple, once you have made a complaint, it cannot simply be withdrawn. The Police will be required to investigate and this will take on a life of its own. A warrant could be granted forcing you to attend court. This is why it is vital that you contact us early on about speaking to the PF.

A: In the "lower" court (Justice of the Peace Courts) where the maximum penalties are 60 days imprisonment or a fine of up to £2500. In the Sheriff Court there are two types of cases: Summary case (Sheriff sitting alone) 12 Month maximum and/or a fine of £5000 or another disposal. *or* Solemn Case / Inditement case (Sheriff with Jury, very rare for these type of case ) max is 5 years imprisonment, or a fine of up to £5000, or both. We at Graham Walker Solicitors have a great track record of achieving non-custodial results in these types of cases. Either not guilty or non-custodial.

A: The Crown is required to prove your guilt "beyond a reasonable doubt". They also require to corroborate their case with sufficient evidence. We at Graham Walker solicitors are highly adept at defending such cases and identifying weaknesses that may exist in the case against you. We have a great track record of securing not guilty results or non-custodial disposals. Domestic abuse cases such as s38 are more likely to be prosecuted than other cases as a result of the zero-tolerance approach taken in Scotland.

A: "On September 5th 2020 at 123 High Street, Glasgow, you [name of accused] did behave in a threatening or abusive manner which was likely to cause a reasonable person to suffer fear or alarm in that you did shout and swear, threaten others with violence, and then throw a pint glass at Mrs Smith CONTRARY to Section 38(1) of the Criminal Justice and Licensing (Scotland) Act 2010”

A: The scope of breach of the peace is very wide, ranging from relatively minor allegations (such as throwing a glass of water over somebody) or shouting and swearing or sending abusive text/Whatsapp/Facebook messages (worse if late at night or into the workplace) and very serious allegations of sustained, violent behaviour and brandishing weapons. We deal with more s38 than any other prosecution.

A: Almost always Section 38.

A: Section 39 is more stalking and harassment, hanging about peoples houses or work,.