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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69527
Experience:  Over 5 years in practice
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I have submitted a statement to the NCA admitting knowledge

Customer Question

I have submitted a statement to the NCA admitting knowledge of trying to smuggle class A & B drugs and tobacco into Briton, so that two innocent people do not take the blame. I live abroad and I hold a British passport and have residence card to live in Portugal where I am currently. I have received a letter from NCA requesting I go to Briton for questioning about my signed statement. I was requested before to attend a cautioned interview which I did on that occasion I denied all knowledge, as I mistakenly thought the whole thing would go no further. but this has changed, can I delay going till I have got things in order ? what will they do if I don't go back for questioning ?
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.
You don't have to go ultimately.
If you do refuse then the worst case scenario is that they will pass the matter to the police who will seek a European arrest warrant. That isn't likely but it is possible. It depends on the amount and your history. Fraud and importation offences are very expensive to prosecute so there is an incentive to avoid it if they can. That said, so are these stupid stale allegations of sexual assault and family rows that they euphemistically call domestic abuse and they waste taxpayers money on that regularly.
They would certainly seize the items and destroy them and possible also the transport car as well.
Can I clarify anything for you?
Jo
Jo
Jo C., Barrister
Category: Law
Satisfied Customers: 69527
Experience: Over 5 years in practice
Jo C. and 2 other Law Specialists are ready to help you
Customer: replied 2 years ago.

thank you for your reply, I do not know the amount of class A & B drugs as did not know for sure what was being hidden in 4 water boilers on a pallet in my truck (I was paid not to look !) on my other truck it had 250 kgs of rolling tabacco both trucks were sized and the drivers arrested and later bailed to appear next month. this all happened in June of this year. Will the amount I have said change what you have said about the warrant to arrest ? I have not done anything like this before and do not have a criminal record and will the two innocent drivers still be prosecuted with the NCA holding the statement I have sent to them ?

Expert:  Jo C. replied 2 years ago.
It is t a huge amount.
It is possible that they could pass this over to the police but very unlikely.
Customer: replied 2 years ago.

thank you again, what do you think will happen to the two innocent drivers ? will NCA & Customs still go ahead and prosecute holding the statement they have that I made in front of an English solicitor practising here in Portugal /

Best Regards

Dave

Expert:  Jo C. replied 2 years ago.
They could pursue them. They will be especially prone to do so if you cannot be prosecuted.
That doesnt mean they will succeed though.
Customer: replied 2 years ago.

should I reply to the letter requesting me to go and be interviewed, would it help if I sent you a copy of the letter

Expert:  Jo C. replied 2 years ago.
It wouldn't make much difference either way.
They will either refer it or not and not replying will not spay them one way or the other.
Customer: replied 2 years ago.

what would happen if the bailed drivers who both live in Portugal did not go back for their bail hearing

Expert:  Jo C. replied 2 years ago.
Are they on police bail?
Customer: replied 2 years ago.

they are on Police bail

Expert:  Jo C. replied 2 years ago.
They will issue a warrant for their arrest.
Whether they will pick them up abroad is another matter. It depends on the size of the offence.
Customer: replied 2 years ago.

dear Jo,

since I message you last, one driver who was driving the lorry with the drugs in has been told he is no longer a suspect at his bail hearing last week and released from bail and the mobile phones and sat nav's being held have been returned this was the investigation by NCA. the other driver that was driving the truck with the tabacco on board is on bail till next Febuary ! do you think that as NCA are no longer pursuing the driver of the drugs consignment. Will the customs do the same, bearing in mind that my finger prints and both drivers and others are on the boxes that the tabacco was in, as these boxes had been used before on other work ( 2nd hand) I have told this to customs in an interview when this first happen as I was given the boxes by another removal company and I also gave the details to customs the name of this person to check finger printing

Thank you

Dave

Expert:  Jo C. replied 2 years ago.
Customs are not necessarily bound by this decision I'm afraid but it is a positive one.
Customer: replied 2 years ago.

thank you, ***** ***** still not followed up on the finger printing and interviewing where we were supplied by the boxes. if they were building a case wouldn't they have done this by now its been 4 months since they have had this info

Expert:  Jo C. replied 2 years ago.
Not necessarily I am afraid. They can be quite slow.
Customer: replied 1 year ago.

Dear Jo,

following up on my last questions and answers, one driver that was driving the lorry with drugs on has been released from bail and the charge dropped. the other driver charged with avoiding duty on 250 kgs of tobacco has a county court appearance scheduled for 6th May, the difference is his finger prints are on the boxes and packaging as these were reused boxes and packaging from a removal we had all worked on in the past ! and possibly all our finger prints are also on the boxes and packaging. if it goes to trial what is the likely out come ? if found guilty what sort of sentence (driver has a previous record from 20 years ago)

Best Regards

Dave

Expert:  Jo C. replied 1 year ago.
I wouldn't be able to say what the outcome will be on this evidence. It is not something that can be predicted in this forum.
If convicted, 250 kgs is not the worst weight and I suppose it is a VAT issue rather than an importation of drugs so I would expect a community order of some kind.
Customer: replied 1 year ago.

Dear Jo,

it went to crown court for trial and was given a six month custodial sentence ! is it automatic to reduce if good behaviour

can I find out what happened at the trial

Best Regards

Dave

Expert:  Jo C. replied 1 year ago.
Usually people are released at the half way point for good behaviour.
The court probably won't tell you the outcome of a trial if it was not your own I'm afraid.
Customer: replied 7 months ago.

Dear Jo,

a year on and the driver convicted ended with 3 months custodial sentence, my two trucks were confiscated and sold off ! my question now is how would I find out if I returned to England would I be arrested ?

Thanks

Dave

Customer: replied 6 months ago.

Dear Jo,

A year on and the driver pleaded guilty and served 3 months custodial sentence. my two trucks were confiscated and sold off ! my question is how would I find out if I returned to England for a week later this year (family wedding) would I be arrested ? is there an arrest warrant out for me ready for my return ?

Best Regards

Dave

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