New complaint: further charge from separate incident

Notice

The Legal Aid and Advice and Assistance (Miscellaneous Amendments) (Scotland) (No.2) Regulations 2023 came into force on 29 April 2023.
This Guidance item was not affected but a copy has been placed with related guidance in the archive section for the regulations in force prior to 29 April 2023.

Archive Version

Instead of serving a separate complaint on the same accused, the fiscal may take the opportunity to serve a complaint including new charges as well as other existing charges against the same accused.

A was charged with playing music too loudly, disturbing his neighbours. He was later charged with a further offence of committing a separate breach of the peace, again in relation to his neighbours, after service of the complaint. The initial complaint was deserted and re-raised containing both charges. Although forming a course of conduct affecting the same neighbours, the charges arose out of quite separate incidents.
B was charged under one complaint with driving whilst disqualified and with no insurance. He was charged under a separate complaint, served on him at the same time and under the same P.F. reference number, with the theft of the motor vehicle two days previously and at a different locus, and with supplying a controlled drug at the same time as the RTA charges. We considered that the second complaint did not arise out of the same incident, the theft having taken place two days earlier. The respective constituents were separated by time and place effectively forming two distinct incidents.

Examples of proceedings not arising from the same incident

Bail offences