Mobile Phone Usage Case Not Guilty

Kept Licence
Dumfries Sheriff Court and Justice of the Peace Court

This case called for trial in Dumfries on 26 September 2019. It is essential to have a detailed working knowledge of the legislation and mobile phone cases continue to pose the courts difficult questions in relation to what constitutes usage / interactive communication function. The Crown prosecuted this case under the wrong statutory provision and, having heard the evidence, our client was found not guilty. The Justice commented that he was ‘not impressed’ with the Police evidence and found the accused credible and reliable which goes some way to dispel the myth that the evidence of a Police officer has some special status in a court of law: it does not and the court will consider the evidence of each and every witness fairly and without prejudice.

Published: 30/09/2019

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