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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69520
Experience:  Over 5 years in practice
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My son has been exclude from school days pending a

Resolved Question:

Hi my son has been exclude from school for 5 days pending a permanent exclusion. Hehas been excluded for bringing 3 packets of cannabis into school and dealing. The police attended and were confident the items were not drugs and will not take any further action. The school are looking to permanent excluded our son what can we do . Please help.
Submitted: 8 months ago.
Category: Law
Expert:  Jo C. replied 8 months ago.
What do think the items were?
Customer: replied 8 months ago.
the police officer attending thought it tea leaves
Expert:  Jo C. replied 8 months ago.
Has it been analysed?
Customer: replied 8 months ago.
no. Police not going to analyse, officer said he was confident it was not drugs
Expert:  Jo C. replied 8 months ago.
An officer cannot make that assessment. It is not possible without a lab. Whatever it is, is there any dispute that he has been selling that at school as cannabis?
Customer: replied 8 months ago.
on 18/04/2016 we contacted school and named a pupil that we suspected was dealing drugs, 19/04/2016 the school contacted me to inform the police, I stated I had already done this. on 26/04/2016 suspected dealer passed 4 packets of unknown substance to my son. within 5 mins he was approached by a buyer of drugs,he passed on a package then gave the money to the pupil I had reported to school. Next day he was caught in school with remaining 3 packages. Looks like a set up
Expert:  Jo C. replied 8 months ago.
I'm not sure what you mean?He seems to accept dealing ? Or at least passing something on?
Customer: replied 8 months ago.
he passed on a package he was looking after for dealer, did not know prices etc. School claim he was dealing next morning, he states not and all packets were accounted for
Expert:  Jo C. replied 8 months ago.
Ok. Are you hoping to argue the school could not exclude him for that?
Customer: replied 8 months ago.
yes. Letter from states exclusion for dealing cannabis
Expert:  Jo C. replied 8 months ago.
I'm really sorry but I'm afraid that is not realistic.Even if it wasn't cannabis, the point is that he believed it was at the time that he had acted and it was certainly passed on as cannabis. There is a legal defence in not passing on a prohibited substance but it doesn't provide him with a defence to the school's right to exclude.Whichever way you look at this, even if the school cannot prove this was cannabis there were still grounds to exclude.Further, the fact that the police will not send this to the lab for analysis does not prove it wasn't cannabis. It just means that it cannot be shown that it was. It is wrong to say that is proof positive that it was not.I'm very sorry but that is the reality.Can I clarify anything for you?Jo
Customer: replied 8 months ago.
thanks for your information, I know we were clutching at straws.Thanks anyway
Expert:  Jo C. replied 8 months ago.
No problem.I am sorry.
Jo C., Barrister
Category: Law
Satisfied Customers: 69520
Experience: Over 5 years in practice
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