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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69252
Experience:  Over 5 years in practice
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I have received a letter dated 02/05/14 on 10/05/14 from Border

Customer Question

I have received a letter dated 02/05/14 on 10/05/14 from Border Control about ‘notice of seizure of controlled drugs’, saying that about 10 grams of Ketamine have been seizure in a letter from Spain, quoting section 3(1) of Misuse of drugs act 1971 and section 49(1)b customs and excise management act 1979 and seized under section 139(1) of the same act.

The letter was not in my name but I´ve read that anything seizure in the post is equivalent to being registered in person. I have not received a police notice though

For what I have read, if I do not claim them back, the items will be disposed after one month, but I´m aware this is an illegal substance and I´m don´t know what the consequences are

My questions are:

• What is most likely going to happen? will I be prosecuted?
• What is the best way to proceed?
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

Was this a package you were expecting to receive please?
Customer: replied 2 years ago.

Hi Jo,

A friend posted, he changed my name but it was sent to my address

Expert:  Jo C. replied 2 years ago.

It is possible that you could be prosecuted or at least investigated. Certainly the police will be told about this matter.

The difficulty that they will face is that its one of those situations where its very difficult to prove anything against you. Obviously the situation looks suspicious and indeed they are right to be suspicious but the fact that a package was sent to you does not mean you willingly received it or would have done so.

They have no case against you in possession because you were not in possession. They may investigate you for being concerned in the supply of drugs but the evidence isn't really very strong. I don't know whether an investigation would flag up anything else that would implicate you? If it would then now would be a good time to stop.

Doing nothing would be the right thing to do. There are no magic wands that will make this go away and, in truth, you seem to accept some knowledge of this package so have no defence to offer.

Can I clarify anything for you?

Jo C., Barrister
Category: Law
Satisfied Customers: 69252
Experience: Over 5 years in practice
Jo C. and other Law Specialists are ready to help you
Customer: replied 2 years ago.

HI Jo,

An investigation will not flag up anything at all, it was a one off situation, which I of course deeply regret.


If the police questions me, should I deny any knowledge about the letter or should I admit my mistake?



Expert:  Jo C. replied 2 years ago.
No, you should do neither. The first would be a lie and the second would be confessing.

What you should do is offer a no comment interview.
Customer: replied 2 years ago.

Are you saying that I have better chances of having less consequences if I try try to defend myself saying that I had not knowledge? reject to make comments wouldn't that be equivalent to admit that I knew the letter was sent?

Expert:  Jo C. replied 2 years ago.
No, because that would be a lie which you cannot do.

There are inferences to be drawn in a no comment interview but thats better than a confession in a comment one and its not ethical to lie.
Customer: replied 2 years ago.

Other than for the ethical point of view, I would prefer to be a liar than being prosecuted. I would like to have advice for the best chance of not being prosecuted. I'm regretting this very much but I can't afford to be prosecuted


From a pure defence angle (trying to get away even if it's not ethical), should I say that I had not knowledge of the letter?

Expert:  Jo C. replied 2 years ago.
I'm really sorry but I cannot advice you to lie or assist you to do so.

You need to tell the truth or say nothing in the course of a criminal investigation.

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