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Your partner/ex-partner
- The police may detain and interview your partner to get more evidence. This may involve taking him to the police station.
- In all cases, if there is enough evidence (evidence from at least two separate sources (not necessarily eye-witnesses) that a crime has occurred, the police send a report to the Procurator Fiscal.
- Even if you are unwilling to give a statement to the police, the police will still investigate the incident. If there is enough evidence, your partner may still be arrested and reported to the Procurator Fiscal.
- If there is enough evidence, your partner will either be detained in custody until appearance at court (usually the next working day) or released on an undertaking to appear at court on a certain date.
- If the police do not have enough evidence, they cannot keep your partner in custody or report them to the Procurator Fiscal. However, the incident will still be recorded and the police will work to ensure your safety.
What the Procurator Fiscal does
The Procurator Fiscal (PF) is the official from the Crown Office and Procurator Fiscal Service who decides whether a case goes to court and which court it should go to. The PF is independent from the police and the court and does not have to explain this decision.
If the PF decides to prosecute, your partner/ex-partner will need to go to court to plead guilty or not guilty. If they plead not guilty a date will be set for a trial. Your partner/ex-partner will usually be released ‘on bail’ on condition that they do not re-offend before the case goes to trial. There may be ‘special conditions’ attached to the bail, for example not coming near you.
The DALO or VIA (Victim Information and Advice) will contact you and explain the bail conditions to you.
Sometimes a perpetrator may be released from custody by the PF before appearing at court. In these circumstances he will not have any bail conditions and can return home. The police will notify you if this happens.
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