Tod and Mitchell specialise in all aspects of criminal defence work including Section 39 and regularly appear in criminal courts throughout Scotland dealing with cases in the High Court of Justiciary, the Sheriff Court and the Justice of the Peace Court.
Why use us?
Tod and Mitchell and our team of highly respected and experienced solicitors are well-known for our professional approach, vast knowledge of law and high percentage of case wins. Our head office is based in Paisley giving us the perfect central location for working with clients attending courts in Glasgow, Paisley, Dumbarton, Greenock and many more courts across Scotland.
Section 39 Solicitors Dumbarton
S39 Criminal Justice Licensing (Scotland) Act 2010
This section of the act is more commonly known as the crime of “stalking”.
To be accused of such a crime can be an extremely worrying time. The stigma that is attached to it as well as the serious consequences it may have on you personally, your family life and of course your career cannot be underestimated. Often these allegations arise at the conclusion of a difficult break up, however sometimes arise out of different situations, for example in an employment setting.
The technical definition is
“a person commits an offence, to be known as the offence of stalking, where he stalks another person. Stalking occurs where a person engages in a course of conduct and that conduct causes the other person fear or alarm”.
To be convicted of the offence of stalking, an accused person must either have intended that the other person would suffer fear or alarm as a result of the course of conduct or ought to have known – in all of the circumstances – that the other person was likely to suffer fear or alarm. A course of conduct means conduct on at least two occasions.
It is a defence for a person charged with stalking to show that the course of conduct was authorised by virtue of any enactment or rule of law, was engaged in for the purpose of preventing or detecting crime, or was, in the particular circumstances reasonable.
The nature of the conduct, the frequency of the conduct, the circumstances of the conduct and any explanation given by an accused person are all factors which required to be weighed up.
The above crime of s38, is an “implied alternative” of a s39. That means, you may be found guilty (or plead guilty) to a s38 instead of a s39. This has consequences on the ultimate disposal of the case by the Sheriff.
The legal expertise at Tod & Mitchell have a wealth of experience in taking cases, such as s.38 and s.39 of the Criminal Justice (Scotland) Act 2010, through trial, examining the testimony and providing you with as thorough a defence as possible. We will explain your options in layman’s terms, avoiding the use of technical legal jargon so you understand the process clearly.