Mikaeel Kular...something You May Have Missed.

[mikey4444]

http://www.bbc.co.uk/news/uk-scotland-edinburgh-east-fife-25927430

This was on the BBC News Scotland website, which many of you might have missed. Could one of our AB legal eagles explain the Scottish "attempting to defeat the ends of justice" ?

[Baldric]

http://www.legalcity.net/Index.cfm?fuseaction=RIGHTS.article&ArticleID=1418800

[mikey4444]

Thanks Baldric...a little clearer now.

[Maydup]

It mentions her married name in the article. I can only guess she gave her maiden name in an attempt to a dodge the charge and to defeat the ends of justice, and is now arrested again in her married and legal name.

[Blackiequine]

No legal eagle, but would it be reporting him missing when she knew that was not what had happened?

[FredPuli43]

Scots law. It is common law, that is it has been created by judges, in this case Scottish ones. It still exists although 'attempting to pervert the course of justice' covers the same ground. That it itself a common law offence but invented by English judges. It has been adopted in Scotland though no case of it was reported there until 1946.

The Scots prefer their own version when the attempt is much closer, much more closely related to, an actual trial. Thus in 1846 two men were convicted of it when one fraudulently claimed to be the other, to the extent of appearing in the dock, before the fraud was detected. Attempting to pervert may be no more than deliberately giving false information to the police put them on a false trail; there may be no criminal proceeding in progress or instituted.

[EDDIE51]

I think the 'defeat the ends of justice' was a 'holding charge' so they could keep her in custody while the cause of death was established. I am also sure Mikaeel was 'missing' long before it was reported. There was a report that social services 'had concerns' over the family who were 'known' to them.

[mikey4444]

Thanks everybody.

[lynbrown]

I think it will refer to the body being buried, to hide it -ie, evade the charge of murder.

[anneasquith]

she has been charged but not proven guilty .