AboutBruce Fyfe Expertise Scottish Criminal Law - any area. NOT IMMIGRATION ISSUES. I am a serving, operational Police Officer with 25 years` service. As well as my own knowledge and training, I can draw on many other resources in the Scottish criminal justice system and welcome the challenge.
NB Scottish, not English; criminal, not civil or immigration;
Expert: Bruce Fyfe Date: 2/1/2007 Subject: time limits within scottish law from arrest to trial
Question i was stopped under suspicion of driving under the influence of drugs,given roadside tests(walking a line,touching my nose etc) satisfied the police with my performance and told to drive on.the same officers then stopped me as i did so about 500metres down the road having apparently changed their minds and arrested me.i was taken into custody charged,voluntarily gave a blood sample and was released 6 hours later.this was however almost 3 years ago and i would be grateful if you can tell me,how long have the police got to take you to court?if they do not intend to do so then do they have to inform you?and as i have moved address within the last six months would you advise i inform them so that any summons yet to arrive is not ignored getting me into further trouble?many thanx peter
Answer Peter
You couldn't have ben charged with driving under the influence of drugs as the blood sample which was required from you (it would have been an offence to refuse to provide same) would have to be sent away for analysis first.
It may be that the analysis was negative, hence why you have heard nothing more about it. It would depend what you were told at the time, which you may not recall. Statute requires that a case is proceeded with within 6 months in any case, unless there is good reason and it's acted upon at that time.
The best thing to do would be to complete and submit a Data Protection Act subject access form (£10 for each system to be checked) and ask for a report on you from the relevant Force's crime recording/reporting system.
