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Possession of Class A Drugs - Case Discontinued

Case discontinued by the prosecution

Author:

Lucy McWilliam

Date posted: 22 Mar 2024

Birmingham

|

Magistrates Court

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Lawyer

Legal team

Lucy McWilliam

Case start date

17 Jan 2024

Significance

Minor

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Case study summary

Our client was charged with possession of cocaine, namely a wrap containing 0.14 grams, located in the pocket of her partner's jacket which she was wearing. Our client denied any knowledge of the drugs. We persuaded the prosecution to discontinue the case.

Case study

Our client was found to be in possession of 0.14 grams of cocaine in October 2022. The cocaine was located in the pocket of her partner's jacket which she was wearing. Our client was charged with possession of a Class A drug and contacted us to represent her at her first appearance hearing in the Magistrates' Court.

During our initial conferences with our client, she informed us that, at the time of her arrest, she was in an abusive relationship with her partner who was a drug dealer. She was also struggling with a drug addiction. Our client explained that the cocaine had belonged to her partner and she had not known it was in the pocket of his jacket which she was wearing. At the time of her arrest, her partner confirmed this to the police but it was clear that they and the prosecution had ignored this, despite the fact that he had since been sentenced to a lengthy term of imprisonment for the supply of Class A drugs.

In the length of time which had elapsed since the alleged offence, our client had managed to overcome her drug addiction, recommence employment and had begun training as an accountant. She was distressed at the thought of how a conviction of this nature might affect her future career plans, particularly as she felt as though she had just gotten her life back on track.

We reviewed the case and we immediately thought that the decision to charge our client was harsh and unfair. We made representations to the District Crown Prosecutor in the days prior to her court hearing and we pointed out that her former partner had admitted that the cocaine belonged to him and that he was now serving a long prison sentence. We also informed them of the progress our client had made since her arrest which was a credit to her. Upon considering our arguments, the Crown Prosecution Service agreed that it was not in the public interest to continue with the case.

Our client is now able to progress on her journey to becoming an accountant without the prospect of a conviction hanging over her head.


Lucy McWilliam

Alumni

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