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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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My son was found by the police with 3 other young people. One

Resolved Question:

My son was found by the police with 3 other young people. One of the other young people had a large amount of cannabis with him. My son did not have any illicit substance on him but did have some money. The police searched my home and found nothing. My son has no criminal record and has never been in any trouble previously. He stated that he knows this situation looks suspicious but he was just with the others and was not involved in anything that was going on. He has stated that the money he had was because he had gotton a small amount of cannabis for some friends as they did not know where to get any and he was taking the money to the dealer for them. He stated this was the first time he has ever done this. He was arrested and is on bail. He has to go back to the police station in 7 weeks time. He is 17 and has never been in any trouble at all. It says he is being charged with possession with intent to supply. I am very confused as he was not in possession. He has been very stupid and is fully aware of this. He has also been informed that the young person who actually had the drugs and was preparing them for sale, has been cautioned? Please advise.
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

Do you want to know if they will give him a caution?

Alex Watts :

What was he doing with the cash?

Alex Watts :

Did he get the drugs from another friend, give them to this group and was going to take the cash and give it to the dealer?

Customer:

Will he get a caution or, is it true that occassionally, in a case like this there will be NFA?

Customer:

The cash was from a few friends who had asked him to get some cannabis for them as they did not know where to get it. He had it with him so he could pay the dealer (not the person who he was with who had the cannabis - someone else). The cash was for an unrelated issue and he has been totally honest with the police about this but they don't believe him. He has never done this before and knows he has totally messed up.

Alex Watts :

How much cash did he have? So he was going to pay the dealer with this cash?

Customer:

He had £80 that he got from his friends to pay the dealer for the cannabis he got for them. None of this is related to why he was arrested. This is how he had money on him. He was just with the other young person who had the cannabis when they were arrested.

Alex Watts : Ok. But had he got the drugs to give to his friend?
Customer:

No, my son had no drugs on him at all and the police found no drugs (or anything relating to drugs) in my home either. He had got the drugs for his friend days before and has admitted this to the police.

Alex Watts :

Yes I understand he had no drugs on him.

Alex Watts :

Did he give the drugs to his friends? Were those the drugs the Police found?

Customer:

He gave the drugs to his friends 3 days ago and the money he had was to pay for them for his friends. The drugs the police found belonged to the other young person who was with my son. My son has admitted he had got cannabis for 4 of his friends to the police and explained this is why he had money on him. The drugs the police found on the other young person had nothing at all to do with my son; he was just with this other young person when he was caught with those drugs.

Alex Watts :

And the money was to be paid to the dealer at a later date, is that right?

Alex Watts :

Did he admit getting drugs and giving them to his friends?

Customer:

Yes and yes. Neither of these things were why he was arrested.

Alex Watts :

Yes I understand that

Alex Watts :

Its bad news then I am afraid.

Alex Watts :

You can be arrested for any criminal offence reason, ie possession or suspicion of and any later charges can flow, they do not even need to be the same.

Alex Watts :

If he bought drugs, gave them to someone else, this is supply.

Alex Watts :

The fact he admitted it harms his defence significantly.

Alex Watts :

All the prosecution have to show is that he purchased drugs, he was in possession of those drugs at some point and he gave them to someone else

Alex Watts :

He does not even need to sell them to someone else

Alex Watts :

But he did and he had the cash on him to pay the dealer

Alex Watts :

He has admitted this to the Police

Alex Watts :

This is enough to secure a conviction

Alex Watts :

He purchased drugs for someone else, sold them on and was going to pay the dealer

Alex Watts :

This is an offence

Alex Watts :

This is supply of drugs.

Alex Watts :

Therefore sadly this is an offence and given he admitted it in interview he is likely to be convicted.

Alex Watts :

If he pleads guilty if he is under 18 and it is first offence, he could get a referral order

Alex Watts :

The Court must either give a referral order or a dentention and training order (custody)

Alex Watts :

But he has to plead guilty to get that.

Alex Watts :

I am sorry if this is not the answer you are after and certainly not the one I want to give you, but I have a duty to be honest

Alex Watts :

Can I clarify anything for you about this today please?

Ash and other Law Specialists are ready to help you