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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70516
Experience:  Over 5 years in practice
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. My niece is currently 17. Her school has called the police

Customer Question

. My niece is currently 17. Her school has called the police in becuase they have heard a "rumor" that she is smoking weed. They have no prove, no illegal substance has been found on her and she has not been caught doing anything at the school. The school termed it as "rumor". She was talked to by the police with no parent or guardian there although there is one available. No crime has been committed however she now has this marked on her school record. Can this be done
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
.
Thank you question. My name is ***** ***** I will try to help with this.
Are you in the UK? I notice the Americanised spelling of rumour.
If you are in the States then I can move this to our US category.
Customer: replied 2 years ago.

Yes sorry. That's purely my poor spelling :)

Expert:  Jo C. replied 2 years ago.
No problem.
The police are perfectly free to talk to a juvenile alone. What they are not allowed to do is conduct an interview under PACE without an appropriate adult but since there is no case anyway because no substances have been located it matters not really.
In relation to the school, it is surprising that they thought this was an appropriate subject police. Of course, the existence of drugs at school is a matter police but rumours alone without any actual substances are not.
In any event though, if the report on her school file is accurate and says no more than that she was implicated in a rumour then they are free to record it. Inaccuracies can be challenged of course.
You could always complain to the Local Authority or the school governors but unless the recording is wrong it is not likely they would remove it.
Sorry if that is bad news.
Can I clarify anything ?
Jo
Jo C. and other Law Specialists are ready to help you
Customer: replied 2 years ago.

That's great thank-you. I'm more worried about what the police can do and how it would affect her. I was a little confused as to whether they could press charges with no evidence or case being there.

I will ask copy of the report to make sure whats been recorded is correct.

Thank-you time

Expert:  Jo C. replied 2 years ago.
In theory they could but they won't. From an evidential point of view, they have to prove that any substances are prohibited and without them to analyse they cannot.
Customer: replied 2 years ago.

Thank-you :)

Expert:  Jo C. replied 2 years ago.
No problem.
All the best.