Can Charges Be Dropped

[Rab_Rob]

i was out drinking one night a few weeks back and a couple of chairs and a table was thrown off a balcony, i have heard the police have been taking statements from people (2 statements say me and a friend were on the balcony and 1 statement says the person saw me trowing the stuff off). the police haven't got in touch with me yet to question me about it and possibly charge me.

the police haven't sent a report to the prosecutor fiscal yet so they dont know about it.

if i go in and apologize and offer to pay the damage of anything thats broken in return can the places owner contact the police and ask them to not charge me or withdraw the statements?

[Philtaz]

Making steps towards restitution as it's known will greatly reduce the chance of this matter being taken further. If you're prepared to do that it'll look favourable if you're subsequently interviewed in relation to a charge of criminal damage.

[Buenchico]

It's unlikely that the charges would be dropped. The offence was against 'public order', as well as against the bar owner's property. Even if the bar owner's interests are satisfied by an apology and compensation , those of 'public order' won't be.

However any punishment might well be less if the court is told that you've apologised and paid for the damage.

If you do offer to pay for the damage it's important that your offer should be 'unconditional'. If you say "I'll pay for the damage if you ask the authorities not to proceed with the case", that would be regarded as 'attempting to pervert the course of justice', which almost always leads to a substantial prison sentence.

Chris

[Rab_Rob]

can to owner get the police to drop all charges though?

[cathfromsaron]

restitution ... yes; perverting the course of justice ... no!

[Buenchico]

As I've said above, the offence was against 'public order'. That's technically 'the Crown'. Court cases aren't listed as "Mr Bar owner v Rab_Rob". They're listed as "Regina v Rab_Rob". Even if the bar owner asks for the charges to be cropped, it's likely that the Procurator Fiscal would decide that the interests of 'the Crown' still needed to be satisfied by pursuing the prosecution.

Chris

[Rab_Rob]

the things weren't thrown onto a pavement or anything it was all thrown off onto gravel all on the owners property, i would like to say aswell that the police did not witness this, they were contacted the day after, when everything was cleared up and there is no cctv evidence or anything, just the statements of 3 people.

[Rab_Rob]

and a report hasnt been sent to the fiscal yet

[Philtaz]

The Police don't need to witness anything, they have witnesses that do that! As statements have been taken it's fair to assume that the owner has made a statement of complaint.

I'd take the advice already given if I were you i.e. make an offer of restitution without conditions before you find yourself 'assisting the police with their enquries' is the best advice given.