Breach of Restriction of Liberty Order Thrown Out

Kinloch Lawyers Breach of Restriction of Liberty Order Thrown Out

Kinloch Lawyers client prosecution discontinued regarding a breach of a TAG or Restriction of Liberty Order on 30 August 2023.

Our Mr Kinloch from David Kinloch & Co Solicitors represented a client in connection with a prosecution for an allegation that he had failed to adhere to his curfew hours from 7pm until 7am on a daily basis.

The client had previously pied guilty to misuse of drugs offences and was originally to be sentenced to a period of imprisonment, but Kinloch Solicitors persuaded the Sheriff to impose a Restriction of LibertyOrder.

The client then moved address after he fell out with his girlfriend and GeoAmey submitted a report to the Court saying that he was in breach of his curfew.

Client was Charged with a Breach of the Peace and In Breach of his Curfew

Charged with Breach of the Peace of the Criminal Procedure Scotland Act 1995

Charged with breach of his curfew and of his Restriction of Liberty Order and the client was charged with 3 consecutive days of not being within his home address when he should have been and was arrested at Edinburgh Airport when going on holiday some 18 months after the allegations and spent a weekend in custody and lost his holiday, thereafter, appeared in Court. Mr Kinloch appeared with him, obtained bail, pointed out to the Sheriff that there was a substantial background which was investigated.

A Charge of Breach of Restriction of Liberty Order which would carry a Custodial Sentence

A conviction under the Section of the Act would have resulted in the client receiving a period of imprisonment as this would be a direct contravention of the Sheriff‘s order and Kinloch Solicitors contacted GeoAmey, the Prosecutor, the Clerk and received information, presented all the information to the Court showing that a GeoAmey employee had informed, it was suspected, the electronic bracelet which was fittedto the client was possibly faulty and this was replaced. When Kinloch Solicitors pointed this out to the Authorities, they were persuaded to take no further proceedings and the case was dropped without calling in Court.

The Outcome of the Case

What was Agreed

The client was acquitted and the case against him was dropped.

After the Prosecutor received various bits of information from Kinloch Solicitors, the Prosecutor decided to take further proceedings and the case was dismissed without the necessity of appearing in Court.

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