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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69994
Experience:  Over 5 years in practice
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son got caught with a gram of in his own home, he has

Customer Question

son got caught with a gram of weed in his own home, he has a youth caution already for possession of weed, police officer wants to come round his flat to fill in paperwork to go to crown prosecution, can he do this ? surely my son should go down the police station and get a caution and take advice off of a duty solicitor ?
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.
Yes, it should be done at the station. I don't like these home interviews. I understand that they are thought to be a more comfortable environment for a young person but a cynic might think that it is just a way to deny him his rights under PACE.
Get a solicitor to make an appointment to attend at the station.
These home interviews have suddenly become rather popular now that they have to destroy DNA and prints from people not charged. Before that time everybody they spoke to had to be at the station!
Can I clarify anything for you?
Jo
Jo C., Barrister
Category: Law
Satisfied Customers: 69994
Experience: Over 5 years in practice
Jo C. and other Law Specialists are ready to help you
Customer: replied 2 years ago.

what is the penalty for possession of a gram

Expert:  Jo C. replied 2 years ago.
Is he still a youth ?
Does he have previous convictions other than the caution?
The only exception to the above answer would be if the officer doesn't intend to do an interview but is effectively just giving him a summons to attend court. Then it would be a good option as interviews are rarely good for the defendant.
Customer: replied 2 years ago.

He is 18 and has a youth caution given when he was 16 for possession of cannabis also, it sounds like the police officer is coming round to fill in paperwork for a summons for court, so is this the best option ? The police officer mentioned to me that as it was a gram it wasn't a lot and so court probably wouldn't do much, just trying to find the best option as my son has aspergers and is also in the throws of applying for jobs and would be highly unlikely to be caught in possession of weed in the future.

Expert:  Jo C. replied 2 years ago.
if it is a court summons then just take the summons. There isn't much point in interviewing him here.
If he is an adult then I would expect a fine of £100. Maybe a conditional discharge although he does have a relevant caution.
Customer: replied 2 years ago.

thank you for your help

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

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