22nd March last year I retaliated during a rugby match to a deliberate elbow in the face. I punched the guy, basically. FF to the beginning of March this year and the police phone and get me to come in and make a statement, having said nothing at all in the intervening time (v-short on my part)I was phoned this morning by same officer, and asked to come in to be charged with assault. The guy I hit freely admits he hit me, but the whole incident took place in front of his teams supporters.I am crapping myself, what will happen? has anybody been in a similar situation? I am aware this is not the best place to post but I have never been in this situation, I teach and as such, a visit to court will probably cost me my job

I dont’ know about Scottish law. But I presume you were arrested and interviewed about this incident and have given your side of the story? Best thing first is to get yourself some legal advice and representation in court. In ENgland and Wales this is free and independant if you just get the “duty solicitor” when you attend court. Try to arrange it before you’re first date though so you have time to talk.

Do you know what level of injuries he had?

Key thing is get yourself representation and some support through this matter.

Scotch law is exactly the same as non-scotch law, only it involves more cholesterol.

Guy had a black eye, worked that night and played rugby the next week. When I was interviewed I did nothing other than confirm I had played in the game.

Why don’t you report him for assault too? Surely then *someone will see sense and throw the whole thing out and not waste any more public money.

He cut across me in open play and elbowed me, I hit him and did so infront of his mates. I have one witness, my team mate running behind me, he in now in OZ! bet he has 30 witnessess all who saw me hit him for no reason.

Did you have legal advice when you got interviewed? It’s a really difficult situation as rugby is one of those games where assault is accepted to a point “as it’s part of the game” however it’s when you get plums like this who start making complaints when actually he started it all!
You need to get your mate to make a statement to police. If he’s in Oz then can speak to him over the phone, write a statement, e-mail and get him to sign it and fax it back.
Again I cannot re-iterate enough getting legal advice as you’re in a sticky situtation where this chump should not have even reported it however due to our stupid government it’s been crimed and unfortunately you are now in an un pleasant situation.

Ok, so being the devil’s advocate (and the prosecution lawyer will make it out to be much worse), you were elbowed “by accident” in open play, your one witness who might corroborate your version is “conveniently” in Australia and you decided to take matters into your own hands and punched the other guy. Your version of events changed slightly…between your two posts. “He elbowed me” is different from “he cut across me in open play and elbowed me”.

Also as regards your teaching status; surely being pulled up in court for assault in a game of rugby is not exactly the same as being charged for child porn on your pc or for alleged sexual assault. Even with presumed innocence, the latter two incidences would be very awkward as a teacher.

Don’t get me wrong, I’m not doubting you, but what exactly happened in the game? And how badly did you whack him? Once, twice? A complete battering? Did you have any injuries as a result of the elbow?

The guy was out for blood, so badly our skipper complained to the ref about him, something I can’t recall in 32 years of playing. I was following the ball, say heading from 12 o’ clock to Six. He cut across me from 3 and swerved to make contact. I even had time to think ohh-ohhCLUNK! I punched him once, he was standing with his back to the ball giving me abuse at the time,facing me, 3 -5 seconds between him hitting me and my retaliation. Inside of my mouth was cut and a filling broke the next week.I thought at the time that it was a sore lesson learned and time to retire.

Time to speak to a brief then dude. Don’t they do one free consultation normally?

I’d be surprised if the procurator takes it all the way. Talk to the dentist cicumstantial evidence that he made contact with you. If you can’t take a smack in a rugby match you’re in teh wrong sport (not you him). Not saying it’s right but rugby is about barely controlled agression sometimes we let loose and cross the line.

Can you get a statement off the ref/linesmen?

You need legal advise before charge, scots law is broardly simmiler to english, you can have legal advise pre interview but no solicitor allowed in the interview.
There are some issues that need to be addressed by you now, when one strips away the rugby players bravado it sounds like a player who was a thug in the game struck you was then in your face and you thought was about to do it again so you struck him to stop him .
Self defence, so long as genuine aprehension of threat and reasonable force used in response NOT retaliation is a defence.
If scotish presumptions from silence are the same as english ,if you fail to mention your defense at an early stage your credability at trial may be compremised.
Also for teachers a conviction can be a real employment risk, many schools apply the precautionary principle and get rid of any staff with the slightest question mark against their character.
Discliamer a) my area is english criminal law b) my advise is based only on the information you have supplied c) the quality of my legal advise far outshines my lunch hour typing .
GO GET A SCOTS LAWYER NOW! DON’T BE TIGHT BE PREPARED TO PAY FOR QUALITY ADVISE THAT MAY SAVE YOUR GOODNAME.

Doesn’t the opponent’s ‘free admission of hitting’ the OP count for anything then?

Thankfully, cracking, really well respected lawyer has now offered to help, (friend of my club’s president) so will not be hitting the malt tonight.

Just do what Crankboy and I have said!
Don’t dwell about the what if’s, what’s right/wrong on here.
End of the day you need to get legal advice and someone that can represent you in law and will fight your corner.

As long as it’s not this chap:

Then we’d know that you were guilty but likely to get off.

An fp of the school team I was playing for!

errr… as is George Galloway…

Surely a conviction per se won’t stop you getting a job, it would be the nature of the conviction. In our Social Work dept there are several people with criminal records for driving offences and things that happened in their youth and it hasn’t affected their job prospects. YOu would likely have the chance to explain the circumstances at interview and I would think that any reasonable employer would not look upon it too unfavourably. If the guy on the other team was only 10, you might have a problem though…

What Jojo said, My work demands the highest levels of CRB and Police checks and I was just asked to explain my little visit to court which resulted in a fine…….
They were OK about it, maybe its because I did not inhale ;o)

Can’t offer any more advice than has been given

However as an ex rugby player with an occasional tendency to see ‘red-mist’ I can sympathise with you. This guy sounds like a bit of a tool. If you can’t take the knocks then don’t play the game and certinaly don’t go dishing it out unless you can take it back (him – not you). Reckon he is just our for a pay out 🙁

Good luck

You’re being charged, not convicted. So you obvioulsy have the option to plead not guilty. Although you did punch the guy, okay you were provoked but you still hit him.

C’mon, surely the police and courts have better things to do with their time?

When I was about 18 me and my mates were sat outside a pub one Thurs night just chatting over a pint, some bunch of hard cases just released from prison were out celebrating. This involved hitting me so many times I didn’t know my name, one of my mates got knocked unconscious, another had stitches in his head from having his head slammed on the floor. When he went to hospital, there was a queue of people with similar injuries getting fixed up. And I’m talking completely unprovoked here – with loads of witnesses.

Police came round and said we’d not been hurt badly enough to press charges. There’s something wrong if they do you and not nutters like them.

Trying to do this on my phone so sorry if it goes wrong.
Procedure in Scotland differs from England. In Scotland, once the police have enough evidence to charge you (which in this case I suspect is 2 or more people speaking to something and giving a statement) then they will charge you. Unlike in England, being charged does not mean you will be prosecuted. In England the police take advice from the CPS who decide whether to prosecute you. in Scotland the police charge you then submit a report to the PF who looks at it them decides. In many cases the police submit a report then the fiscal bins it with no proceedings.

Your previous convictions or lack of will be taken into account as will the circumstances of the incident ie a rugby match where this happens all the time. Unlike in England the police do not gather all the evidence before they charge someone. This is done via a process called precognition which is is a pain in the arse and you can google it!

Get legal representation and do not worry too much at the moment, there is every chance this won’t ever in near a court (disclaimer – i have learnt not to try and seame guess what the fiscal might decide)

That’s all for now my thumb is knackered.

To add to what thegreatape says, the Procurator Fiscal will not proceed with a case if it is not in the public interest. It certainly doesn’t sound like this case would be that meritworthy in their eyes.

I once had to write to the PF for one of my frail, elderly clients who was assaulted to appeal their decision not to proceed as they initially considered it not in the public interest.