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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70187
Experience:  Over 5 years in practice
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My 28 year old son has Asperger's Syndrome. yesterday

Resolved Question:

my 28 year old son has Asperger's Syndrome. yesterday morning he was stopped in his car and given a test re driving while under the influence of drugs (This did proves positive, although not by much).. he was taken to the police station where he advised the custody sergeant of his autism. He was then placed in a cell for 4 hours before giving a blood sample and being interviewed by police. We were not informed and there was no vulnerable adult present. I am also concerned that there was no risk assessment carried out before leaving him in a cell for 4 hours.I am his main Carer and would like to know how this lack of due care is likely to affect any possible prosecution.
Submitted: 10 months ago.
Category: Law
Expert:  Jo C. replied 10 months ago.

Has he admitted the offence?

Customer: replied 10 months ago.
He admitted that he had smoked a small amount of cannabis but denied taking any cocaine. He was very frightened.
Customer: replied 10 months ago.
He is a very truthful young man and this was a sting operation as he was leaving a party.
Expert:  Jo C. replied 10 months ago.

The reality is this I'm afraid.

Firstly they probably would contest whether he needed an appropriate adult anyway.

Secondly even if you got over that hurdle the only affect it would have would be to prevent them relying on the interview. It wouldn't stop them bringing a prosecution and they could rely on the findings of the blood sample as they wouldn't have needed an appropriate adult for that.

I'm very sorry but that is the reality of this situation. I'm afraid that it is quite hard to get these things excluded now.

Can I clarify anything for you?

Jo

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