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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Hi,I am a British citizen residing abroad. In Christmas

Resolved Question:

Hi, I am a British citizen residing abroad. In Christmas 2008 I was arrested in the Uk, although I was not charged, and was allowed to leave the Uk to return home, I was told that I should contact the police at the same station again the next time I was in the country. I have not returned to the Uk since then, but am now planning a visit for next summer. Obviously, I am worried what may happen next, especially as should I receive a criminal record, I would be likely to unable to continue in my job abroad. How do I go about contacting a solicitor to deal with this matter? Regards XXX

Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

Were you ever charged please?

JACUSTOMER-c17zfwvr- :

No

JACUSTOMER-c17zfwvr- :

But probably only because I had to leave the UK to return to my job abroad

Alex Watts :

Ok - what was the alleged offence?

JACUSTOMER-c17zfwvr- :

Drink driving - I was unable to register on the breathalyser when the test was done 3 times so was arrested and taken to the police station where they found a small amount of cocaine in my bag. I was kept in the cells overnight, interviewed the following afternoon and released with arrangements to return the following week. I was unable to do so and phoned to say that and that I would be unable to return before leaving the country. They agreed that was ok but that on my next visit to the Uk I should return to the police station.

Alex Watts :

Ok - you don't need to worry

Alex Watts :

The offence expires 6 months after the date. Therefore as its been years it is now time barred

Alex Watts :

They can't bring any charges.

Alex Watts :

So you don't need to worry

Alex Watts :

The offence has gone

Alex Watts :

Can I clarify anything for you about this today please?

JACUSTOMER-c17zfwvr- :

So I don't even need to get in touch with the police when I return to the Uk?

Alex Watts :

No

Alex Watts :

The offence is time barred

Alex Watts :

Does that help?

JACUSTOMER-c17zfwvr- :

YES! So just to clarify, I am never going to be charged or re-arrested in regards ***** ***** event at any point in the future on my return to the Uk and there is no need for me to take any further action whatsoever?

Alex Watts :

That is right.

Alex Watts :

No need to take any action

Alex Watts :

Then offence has gone

Alex Watts :

Can I clarify anything else for you about this today please?

JACUSTOMER-c17zfwvr- :

I have heard that having been unable to register on the breathalyser and so failing the test by default means that I am liable to lose my driving licence for a year. Is this also no longer a concern as part of the same offence?

Alex Watts :

If you are living abroad then you should not have a UK licence anyway, but you can drive on your international one here

Alex Watts :

Unless you have been charged with anything, your licence can't be revoked, save for medical grounds by the DVLA

Alex Watts :

So don't worry - you are not facing anything here in the UK

JACUSTOMER-c17zfwvr- :

Is my Uk licence no longer valid when I am visiting the UK?

Alex Watts :

It is, but you should be driving on the one of your now home country

Alex Watts :

If you don't come to the UK very often.

JACUSTOMER-c17zfwvr- :

Ok. Thank you very much for your help!

Alex Watts :

Can I clarify anything else for you?

JACUSTOMER-c17zfwvr- :

I phoned a solicitor in regards ***** ***** issue about 4 years ago to clarify the situation. This was a solicitor local to the police station. They did not tell me that the offence had expired and that I was no longer able to be charged. Instead, he recommended that I avoid coming back to the Uk. The following day, the police paid a visit to the address where I had last been residing in the Uk to ask about my whereabouts. They were informed that I was not in the country and shortly afterwards the police contact I dealt with in 2008 phoned me to remind me that next time I return to the UK I should get in touch with them. I just want to be absolutely SURE that I do not actually have to do this.

Alex Watts :

Ok - the offence is summary only which means it has to be charged within 6 months.

Alex Watts :

After 6 months then they are out of time to charge for the offence

Alex Watts :

Does that clarify?

JACUSTOMER-c17zfwvr- :

Yes. Thank you.

Alex Watts :

Great. Can I help with anything else today?

JACUSTOMER-c17zfwvr- :

No, that's very helpful. Thank you

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