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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11139
Experience:  30 years as a practising solicitor.
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my partner has imported a small class of A class drugs to a

Resolved Question:

my partner has imported a small class of A class drugs to a jointly owned holiday property of ours without my knowledge. I have just been there to visit and opened mail to find this. There was one letter from Amsterdam with 10 pills which look like ecstasy. This was addressed to a guest who had stayed at the property in the summer. There was another package with uk stamps and an ebay sticker which contained a dvd with 5 pills concealed inside it addressed to a Mr Smith. My partner is currently working abroad, I let him know by text what I had found and that I was really angry about it. He told me to put them aside or post them on to him at another address or bin them. I sent a message back to him saying it was his doing and that he should sort it out himself. I was scared to do anything, it is a very small island, and put them in his garage for him to deal with on his return. I have made it clear to him that I no longer want anything to do with him. I am very worried about the situation. He will not return to the uk until approx 6th march.
Submitted: 3 years ago.
Category: Scots Law
Expert:  JGM replied 3 years ago.
Thank you for your question.

What are you worried about here? You have not committed any crime; he has. You have two choices. You can either bin the drugs or you can report him to the police and hand the drugs to them. Either way you have not committed any offence. Under no circumstances do you keep the drugs or send them on as those are crimes of possession and supply.

Happy to discuss further.

I hope this helps. Please leave a positive response so that I am credited for my time.
Customer: replied 3 years ago.

thank you for your answer, I wish I had sent message earlier. I am no longer at the property, and it is aXXXXXto go back there. They have been put with his mail in the garage at the property. Can I therefore still be seen as being in posession of them because I moved them into garage and the property is in joint name?

Expert:  JGM replied 3 years ago.
The problem is that drugs cases are strict liability and you now know that the drugs are within a property that you own.

As you know about it now, you really have to do something about it. There is a judgement of the House of Lords in 1970 called Sweet v Parsley where a conviction handed down by a lower court for allowing a property to be used for smoking drugs was quashed because the owner didn't know about it. However, you now do so there is a risk that you are no longer protected.

I would be safe rather than sorry and get these drugs out of your house, preferably to the authorities.
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