Person was wrongfully charged with assualting two police officersJury found that said person not guilty and acquitted himbased on no evidence presentWhat can that accused person due?

Answer 1

I was recently detained by police regarding an alleged assualt. I was held for over 4 hours and in a very shocked state agreed to be interviewed in the belief that if i was open and honest, my innocence would soon become apparent.

However, I was later informed that on the basis of my interview I was being charged with assualt by pushing this person over. I acknowledged during interview that I had reacted instinctively after being suddenly and unprovokedly attacked and in a state of shock.

I am highly trained in Martial Arts and in other deescalation techniques. I used the minimum of force in order to defend myself without injuring the other person who was heavily under the influence of alcohol. The alleged victim had no bruises, grazes or anything else to suggest that they had been physicall harmed and this was confirmed by the police. I was later charged and released. The case is now in the hands of the Procurator Fiscal.

I am 47 years of age and have no previous convictions or trouble with the police whatsoever and am well respected by all who know me - personally and professionaly. Given the nature of my work - social care - I have been suspended and even when my innocence is proven (if it is prosecuted) it is unlikely I will work again in this area because I was charged. I had faith and trust in the police. Even although I was in a deep state of shock, distress and dehydrated I felt that by giving them an open and honest account of events, this would establish my innocence. They had no evidence but charged me on the basis of my interview. After enquiring about my right to a solicitor prior to interview, I was twice informed that it was late and that all I would get would be a voicemail followed by a visit in the morning.

I have since learned that a Duty Solicitor is normally available and that I should have been informed of their availability but this did not happen and I was succinctly discouraged from trying to call anyone. After being detained at 8pm on Sunday evening in relation to an alleged incident that took place in the early hours of Saturday morning, I was then interviewed at around 1am. While placing me in a cell during my detention period, the Police stated that it was not their intention to "soften me up" but that they had other work to do and would return soon.

It all sounds so unblievable and disproportionate. Had I called the police first, the same thing might well have happened to the alleged victim. Surely I have a right to defend myself using minimum and proportianate force which the evidence suggests - apart from what i said to police during interview.

Could you please consider what I have written and share your views with me.

Many thanks