I am doing a paper for uni on domestic violence and wondered if someone could help me with the rules on custody. I have come across some of the threads here but there seems to be some dispute as to whether domestic accused persons are kept in for the next court date.
From my reseasch I think (could be wrong) it depends on the circumstances? i.e if they live together, length of relationship etc etc.....
Thanks in advance!
Custody and Domestics
Started by
eclipse07
, Jan 08 2012 07:49 PM
9 replies to this topic
#2
Posted 08 January 2012 - 07:51 PM
I am doing a paper for uni on domestic violence and wondered if someone could help me with the rules on custody. I have come across some of the threads here but there seems to be some dispute as to whether domestic accused persons are kept in for the next court date.
From my reseasch I think (could be wrong) it depends on the circumstances? i.e if they live together, length of relationship etc etc.....
Thanks in advance!
You have pretty much answered your own question! Every situation is different!
#3
eclipse07
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Posted 08 January 2012 - 07:57 PM
You have pretty much answered your own question! Every situation is different!
So there is no law that provides he (or she) has to be kept in until the next court day?
#4
Posted 08 January 2012 - 08:24 PM
So there is no law that provides he (or she) has to be kept in until the next court day?
No in fact such a blanket law or indeed policy would in all probability be unlawful. Habaes corpus and all that. They can be bailed (IE let go until a court date) and be given bail conditions. For example to live and sleep at an address which does not belong to the partner, to not contact that partner to prevent witness intimidation and so on. It depends on the individual circumstances and also that person's history. Are they known to be violent? Are they known for failing to appear at court? Are they known for victim/witness intimidation? All of those things and more are factors.
#5
Posted 08 January 2012 - 08:25 PM
depends on the circs... Usually they will be bailed and if there are any risk, conditions will be attached to the bail.
#6
Posted 08 January 2012 - 08:46 PM
Unless the previous posters are somehow cognisant of changes that I'm not there is no such thing as police bail in Scotland.
The Lord Advocate Guidelines are the general set of guidelines about whether to bring before court next lawful day or not. And I do believe with DV there is a guideline to, specifically so the court can issue proper bail restrictions.
That said they are only guidelines and I have known them not being followed.
Unless the previous posters are somehow cognisant of changes that I'm not there is no such thing as police bail in Scotland.
The Lord Advocate Guidelines are the general set of guidelines about whether to bring before court next lawful day or not. And I do believe with DV there is a guideline to, specifically so the court can issue proper bail restrictions.
That said they are only guidelines and I have known them not being followed.
The Lord Advocate Guidelines are the general set of guidelines about whether to bring before court next lawful day or not. And I do believe with DV there is a guideline to, specifically so the court can issue proper bail restrictions.
That said they are only guidelines and I have known them not being followed.
Unless the previous posters are somehow cognisant of changes that I'm not there is no such thing as police bail in Scotland.
The Lord Advocate Guidelines are the general set of guidelines about whether to bring before court next lawful day or not. And I do believe with DV there is a guideline to, specifically so the court can issue proper bail restrictions.
That said they are only guidelines and I have known them not being followed.
#7
eclipse07
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Posted 08 January 2012 - 09:08 PM
Where are these guidelines please? I looked on COPFS but cant fint it
#8
Posted 08 January 2012 - 10:25 PM
Unless the previous posters are somehow cognisant of changes that I'm not there is no such thing as police bail in Scotland.
The Lord Advocate Guidelines are the general set of guidelines about whether to bring before court next lawful day or not. And I do believe with DV there is a guideline to, specifically so the court can issue proper bail restrictions.
That said they are only guidelines and I have known them not being followed.
Unless the previous posters are somehow cognisant of changes that I'm not there is no such thing as police bail in Scotland.
The Lord Advocate Guidelines are the general set of guidelines about whether to bring before court next lawful day or not. And I do believe with DV there is a guideline to, specifically so the court can issue proper bail restrictions.
That said they are only guidelines and I have known them not being followed.
Oops.
#9
Posted 10 January 2012 - 12:27 PM
Where are these guidelines please? I looked on COPFS but cant fint it
A few clicks on google reveals this -
http://www.copfs.gov...547/0000559.pdf
#10
Posted 10 January 2012 - 12:40 PM
A few clicks on google reveals this -
http://www.copfs.gov...547/0000559.pdf
Cheers for that Nelson. The relevant quote:
The accused will either be detained in custody pending appearance at court, or, in exceptional circumstances, released on an undertaking to appear at court at an early diet.
Where the accused is not traced at the time of the incident, the police will report the circumstances to the Procurator Fiscal within the same accelerated timescales as if the accused was detained in custody and, if appropriate, a warrant will be sought for the apprehension of the offender. The Procurator Fiscal will deal with any requests for warrants as a matter of priority
Edited by CmdKeen, 10 January 2012 - 12:41 PM.
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