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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70412
Experience:  Over 5 years in practice
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Hello , My friend has been charged with possession of a

Resolved Question:

Hello ,
My friend has been charged with possession of a cs gas,the charge sheet says in a completely different area to the one he was in,when he gets to court can the case be thrown out or can he plead not guilty as the cs gas was in his flat and not in the are that is over 40 miles away??
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Does he admit the offence otherwise?
Customer: replied 2 years ago.

He found the cs gas canister whilst fishing with a freind,and admits he had it in his flat in hertford,they have charged him that he had it in the borough of hillingdon.thatis the police station he was taken to. He also told them he tried to hand it in to the police station in hertford but it was shut,he has statements to back this up from 3 people.

Expert:  Jo C. replied 2 years ago.
How long did he have it please?
Customer: replied 2 years ago.

Hello he found it on the 24th july,and was foundin his flat two weeks after this date.

Expert:  Jo C. replied 2 years ago.
Ok.
When did he try to hand it in?
What was he going to do with it?
Customer: replied 2 years ago.

He tried to hand it in that day,but hertford police station shuts in the evening.he did not want it,but did not want to leave it bye the river so that children would find it.How does he stand that it was in his flat and that the charge sheet says in the borough of hillingdon that is over 4o miles away.he has got three staments that he has given to the police that he tried to hand it in.

Expert:  Jo C. replied 2 years ago.
That is a non issue. It is obviously an error but they will just amend it. The Crown are always amending the indictment to resolve errors.
The question is whether he had a lawful reason to be in possession of it. A lawful reason would be an intention to hand it in. This is a difficult situation really. It could go either way. If you mean Hertford police station then the front desk might well close over night but there will be CCTV recording. If such a recording can be obtained that shows him there then that would be very helpful. On the other hand, he did have it for two weeks which is a long time although a Jury might accept that a delay was reasonable depending on his account for it.
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.

I just asked him,he is in court on the 15th oct,not crown court,he wants to know when he is asked how do you plead to the charge of ( possession of a cs gas canister in the borough of hillingdon ) does he say guilty or not guilty as he was not,it was found in his flat.

Expert:  Jo C. replied 2 years ago.
That will just be the first appearance. They will send it up to the Crown Court.
Whether he pleads or not is really a matter for him. Obviously I am not in a position to advice him in this forum without full vision of the evidence whether to plead guilty or not to a serious charge. He can always use the duty solicitor at court who will have vision of the evidence. I suspect though, it will come down to a risk management exercise. It could go against him for the reasons above but the Jury might be sympathetic. If they believe he intended to hand it in then they would be.
Customer: replied 2 years ago.

So on the day can he get the charge changed and if so would they re arrest him or will they just change it on the day,as he wants the court to know that he was not carrying it around as he did not want to,but it was in his flat until he had chance to hand it in.

Expert:  Jo C. replied 2 years ago.
Yes, but they can do it up until half time of the trial as well. They won't further arrest him . They will just amend the charge sheet.
This is CS gas so it doesn't matter that he didn't have it in a public place. Its not an offence of possession of an offence weapon which requires you to possess the item in public.
Customer: replied 2 years ago.

Thank you,once thy have changed the charge sheet and he pleads guilty will they still transfer to crown court,he also has got to go to hillingdon court and he lives in hertford and the cs gas was found in his flat in hertford,will they transfer it to st albans crown court? thank you for your answer's so far.

Expert:  Jo C. replied 2 years ago.
This is probably going to the Crown Court either way. This is CS gas. He is much better off in the Crown Court anyway. Magistrates would convict him whereas a jury may not.
They will keep it in the catchment area currently seized of it I'm afraid.
Customer: replied 2 years ago.

Would you advise him to see a solicitor before the court date? to gain further advice.

Expert:  Jo C. replied 2 years ago.
He needs a solicitor before walking into court but the duty solicitor at court would be absolutely fine.
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