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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69542
Experience:  Over 5 years in practice
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What does 'actively involved in an illicit substance' mean?

Customer Question

What does 'actively involved in an illicit substance' mean?
Submitted: 12 months ago.
Category: Law
Expert:  Jo C. replied 12 months ago.
Can you explain your situation a little more?
Customer: replied 12 months ago.
My son was on a school trip and was tricked into paying for drugs by a girl who asked him tolend her money for the tuck shop.
He only had a £20 note so he gave it to her. When she didnt return he went to look for her and she gave him some change with 1/2 pill on top. When he asked her what that was, she said its for you, he siad he didnt want it, she said well take it or leave it. My son took it, but didnt 'take' it, He approached another friend on the trip who had purposely bought the drug through this girl and told him he didnt know what to do with it, the friend took it off him. On a second occasion two days later, the 'tuck shop' scam was pulled again, my son alerted other children on the trip to what this meant and took no part in it whatsoever.
This has all come out now and the Headteacher has excluded my son for 'active involvement in illicit substances and banned him from a school trip in March.
Expert:  Jo C. replied 12 months ago.
Active involvement in the supply of illicit substances means what it says on the tin really - supplying such substances. A person would have to know what they were supplying to offend against the criminal law.
I realise that he has given you his explanation but the other alternative is just that he was involved in the supply of substances especially since there do seem to be two occasions which does weaken his account.
I'm very sorry but it is quite unlikely that his explanation would be accepted.
Can I clarify anything for you?
Jo
Customer: replied 12 months ago.
The phrase was 'active involvement in illicit substances' not 'supplying''It's unlikely my sons explanation will be accepted', why?.
Expert:  Jo C. replied 12 months ago.
I am really sorry but it just isn't really very credible.
Customer: replied 12 months ago.
So my son was tricked, he didnt take and stopped others taking it on a second occasion. Other children have corroborated this. Yet its not credible?
So Is the Headmaster allowed to come into my house without prior arrangement, when my son was in bed ill, without any other witness or me being present?
Expert:  Jo C. replied 12 months ago.
I think they probably think he wasn't tricked. Probably they are pointing to the fact that he accepted the substance and handed over £20 and passed it to another.
There is no reason he cannot come to your house. It isnt a criminal investigation.
Customer: replied 12 months ago.
No he did not hand over money £20!
The girl from his class at school asked if she could borrow some money to go to the tuck shop on site as she didnt have any. My son only had a £20 note which is the amount of money advised for the trip.
He gave her that and asked her to bring the change back.
He went to her room when she didn't return after sometime to get his change, she then gave him a handful of money and 1/2 a pill.
It transpires that she called a drug dealer, she went off site to collect the drugs.
My son was doing Archery whilst all this was happening.
How do you know its not a criminal investigation? This is strange.The Headteacher claims it isn't and yet the police are coming to interview my son.
Customer: replied 12 months ago.
The girl invloved is the Headteachers niece!
Expert:  Jo C. replied 12 months ago.
Ok. So he handed over £20?
I understand he has given you his explanation and whether you accept it is a matter for you but I could not be confident that a school would or any independent fact finder.
The girl was clearly involved too though and should be subject to punishment.
The police may well investigate and there is absolutely no prospect of them accepting his account.
But at the time the headmaster attended he was not bound by PACE.
I'm happy to continue with this but please rate my answer.
Jo C., Barrister
Category: Law
Satisfied Customers: 69542
Experience: Over 5 years in practice
Jo C. and 4 other Law Specialists are ready to help you
Customer: replied 12 months ago.
So there is no point telling the truth?What is PACE?
Expert:  Jo C. replied 12 months ago.
Police and criminal evidence act.

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