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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69997
Experience:  Over 5 years in practice
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Approx 4 weeks ago my son left his car in a public car

Customer Question

Hi
Approx 4 weeks ago my son left his car in a public car park.He has since had the police contacting him and they now wish to interview him regarding cannabis found in the car,he was not present when they searched the car and he does not smoke drugs. The police say the car window was not fully closed and there was an issue in the car park that's why they searched the car. Any advice thanks
Submitted: 9 months ago.
Category: Law
Expert:  Jo C. replied 9 months ago.

What would you like to know about this please?

Customer: replied 9 months ago.
Police want to charge him with possession.He knows nothing of the drugs and was not present when they searched car etc what can he do and say?
Customer: replied 9 months ago.
Any advice?
Expert:  Jo C. replied 9 months ago.

Well, he can only give his account during a police interview.

If he doesnt know where the cannabis came from then he will have to offer that account.

Expert:  Jo C. replied 9 months ago.

Given that this is his car he might have to explain how cannabis may have got there.

If he had anybody else in the car etc.

Expert:  Jo C. replied 9 months ago.

The reality is that it is quite unlikely that any other person discarded cannabis in his car unless there was a connection to him.

Cannabis is a valuable product. A third party is not likely to leave it in his car unless there is some form of explanation such as them being there when he left it there etc.

Apart from anything else, his car must have been searched for some reason.

Expert:  Jo C. replied 9 months ago.

Can I clarify anything for you?

Jo

Customer: replied 9 months ago.
Police have already stated that window of car was not fully closed but because there was trouble in car park with other people and he can prove that he was not there at the time Police think he has something to do with it.
Expert:  Jo C. replied 9 months ago.

Yes, but why would they search his car?

Expert:  Jo C. replied 9 months ago.

Why would other people leave cannabis in his car?

To what end?

Expert:  Jo C. replied 9 months ago.

it depends how long it was there I suppose.

Customer: replied 9 months ago.
That is what he can not explain to them.
Expert:  Jo C. replied 9 months ago.

How long was the car there?

Why was the window open?

Customer: replied 9 months ago.
If window of car had been fully Police would not have been able to search and no one could have thrown placed something in it
Customer: replied 9 months ago.
He did not realise window was not shut correctly,Police only told him tonight thats how they got in car
Customer: replied 9 months ago.
Car had been in car park for approx 4 hours and he only found out tonight Police want to question him about cannabis found in it, he is gutted to say least.
Expert:  Jo C. replied 9 months ago.

It might be difficult to get them to accept that in four hours a third party intervened. Depends on the circumstances I suppose.

If the vehicle had been there for months on end then it might be easy to argue it could have been claimed by the local drug dealers

Expert:  Jo C. replied 9 months ago.

I suppose the area might be covered by CCTV.

Customer: replied 9 months ago.
already tried that, no help with CCTV
Looks like he will get done for something he has not commited an offence too. Whats worst case Police will do?
Expert:  Jo C. replied 9 months ago.

Depends how much is there.

Is this simple possession or PWITS?

I'm happy to continue with this but please rate my answer.

Jo C., Barrister
Category: Law
Satisfied Customers: 69997
Experience: Over 5 years in practice
Jo C. and other Law Specialists are ready to help you
Customer: replied 9 months ago.
You stated why would they search his car? That is the question I asked him and he has told me I have no Idea why. He asked the Police Officer on the phone tonight the same question. The Police Officer stated its up to you to prove you had no involvement with the trouble earlier on.
Customer: replied 9 months ago.
Sorry thought i rated at end
Expert:  Jo C. replied 9 months ago.

Well, it is for the police to prove he did rather than the other way around.

But if something was found in his car then he can reasonably be expected to account for how it got there.

Customer: replied 9 months ago.
Police said tonight it was a small bag of weed
Expert:  Jo C. replied 9 months ago.

If it is simple possession then they will just offer a caution.

Customer: replied 9 months ago.
Does that mean he will have a criminal record? Last Question
Expert:  Jo C. replied 9 months ago.

Not if he accepts a caution but a caution does still impact upon his character.

It would show on DBS checking depending on the level of checking.

Customer: replied 9 months ago.
Sorry would it not be better to take a fixed penalty charge like other sites have said then a caution?
Expert:  Jo C. replied 9 months ago.

If the fixed penalty is available then it would be better but they wouldn't normally interview over that.

Customer: replied 9 months ago.
There is a lot of if's and but's in my opinion. As i said earlier he was'nt at scene if he was maybe they would have just given him a fixed penalty.Thank you and have a good night.
Expert:  Jo C. replied 9 months ago.

I think they are probably saying that more has been found than would render that appropriate.

Otherwise they just wouldn't normally conduct an interview.

Customer: replied 9 months ago.
Thanks
Expert:  Jo C. replied 9 months ago.

No problem. All the best

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