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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70199
Experience:  Over 5 years in practice
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CAN YOU HELP ME WITH A CRIMINAL LAW ENQUIRY? I AM CURRENTLY

Customer Question

CAN YOU HELP ME WITH A CRIMINAL LAW ENQUIRY? I AM CURRENTLY IN THE PROCESS OF BEING GIVEN A CONDITION CAUTION FOR ABH ON A FOOTBALL PITCH, THIS WAS MY FIRST OFFENCE. ON SATURDAY EVENING I WAS CAUGHT IN THE POSSESSION OF A TINY AMOUNT OF COCAINE WHICH WAS NOT MINE. MY FRIEND HAS ADMITTED TO THE POLICE THAT IT WAS HIS BUT I WAS HOLDING IT FOR HIM. NO DEALING INVOLVED WHAT SO EVER, THEY HAVE INVITED US BOTH FOR A POLICE INTERVIEW NEXT WEEK.
THEY PRETTY MUCH ADVISED IT WILL JUST BE A CAUTION IF WE ADMIT IT. WHAT I NEED TO KNOW IS THAT WILL THE OTHER CAUTION BE EFFECTED BY THIS AS IT HAS NOT YET BEEN SIGNED? OR WILL I HAVE TO GO TO COURT OR SENT TO PRISON FOR THESE TWO OFFENCES WHICH WILL BE MY ONLY ONES ON RECORD?
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.
have you told them already that you intended to give it back to him?
Customer: replied 2 years ago.

I haven't as of yet no, but he did tell the police straight away it was his.

Customer: replied 2 years ago.

What do you think will happen JO?

Expert:  Jo C. replied 2 years ago.
That is not a defence. In fact, it is an aggravation.
Will he give evidence against you?
Customer: replied 2 years ago.

No, although as I said he did say it was his and that I was holding it for him. It was only about 1/5 of a gram and I was going to give it back. What should I say?

Expert:  Jo C. replied 2 years ago.
If that is your position then no comment to all questions.
The problem with this is that your account is not just simple possession but possession with intent to supply which is a much more serious offence. There is quite a lot of case law that says a person who deals in your position is not in the same position as a commercial dealer but it isn't necessarily known to the police.
There are a number of options. One is to attend the interview and put in a prepared statement saying no more than that you accept possession. That is truthful. You don;t have to mention the fact that you intended to give it back to him.
What he has told them is a non issue. Unless he is going to give evidence against you at court they cannot use it.
It is possible that they would caution for a PWITs but I wouldn't rely on it especially not if this is at a football stadium.
Can I clarify anything for you?
Jo
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