Case Studies: Legal Helpline
Case Study 1
A nurse contacted Release after she had been arrested at a festival for possession of a small amount of MDMA powder and ketamine. She had been bailed to return to the police station the following month and her employer had been informed about the arrest. The caller had told the police the drugs were for her own use when interviewed, she had no legal representation during the interview. The caller wanted to know what to expect when she returned to the police station and why her employer had been informed.
A Release legal advisor advised her that it was important to organise for a solicitor to attend the police station when she answered bail, highlighting that it was unfortunate that she did not have representation when initially interviewed. She was advised that the drugs seized would currently be undergoing forensic examination, once these results were provided to the police a decision would be made whether to prosecute or to caution. The caller stated that the police had accepted the drugs were for personal use and there was no suspicion of supply. The legal advisor explained that a caution was possible but the decision to dispose of the matter in this way was at the police and Crown Prosecution’s discretion. She was also advised of the procedure at Court if a decision to prosecute was taken. The caller asked what would happen if the substances came back form the forensic lab as not MDMA or ketamine. The caller was advised that there was still a possibility of the police taking action against her because of the admissions she had made in interview.
The Release legal advisor informed the caller that her employer had been informed because as a nurse she fell into the category of ‘notifiable occupations’ — this is a list of professions, decided by the Home Office, which require that employers be informed when a person is arrested for certain offences including those involving drugs. The legal advisor and caller discussed what action could be taken in respect of her employer — the caller had an impeccable work record and no previous convictions. Release provided guidance on how to present what had happened to the employer. The legal advisor also advised on the impact of any caution or conviction on future employment and travel. Names of solicitors practising in criminal law in the caller’s area were also provided.
Case Study 2
Caller contacts Release to advise she is travelling to Spain for a 2 week holiday. She is on a methadone maintenance programme and is prescribed 40mgs daily. She wants to know whether she can legally take the methadone to Spain as it is a Class A substance.
Advisor explains that there are two aspects to this enquiry. Firstly, she has to legally export the drug out of the UK and this will be subject to the UK laws. Secondly, she will have to ensure that she has a legal right to import the methadone into Spain. Caller is advised that this will be subject to Spanish law, procedures and regulations.
Caller is advised that the HM Customs & Excise provides guidance regarding the exportation of controlled drugs which have been legally prescribed. The guidance states up to 3 months supply of medication can be exported without a licence. However, where more than 500mg of methadone is required the Spanish authorities have advised that a Home Office licence is required and permission must be sought from the Spanish Embassy. The caller is given the details for the Spanish Embassy in London and is advised on how to apply for the Home Office license.
Case Study 3
Caller was stopped by a policeman whilst walking down a road and searched. The policeman searched his coat and his pockets. His name and details were taken and a record of the search was provided to him. The policeman did not confiscate anything from him. Caller does not think that the policeman had the right to search him.
Caller is advised that police have the power to stop and search anyone where they have reasonable grounds to suspect that they are carrying stolen or prohibited items including controlled drugs or offensive weapons. Also, if police fear that there may be serious violence or a terrorist threat in a particular area they may stop and search anyone in that area for up to 48 hours. The policeman did follow the correct searching procedure. If the caller wishes to make a complaint he may make a complaint directly to the relevant police station and would be advised to take the record of the search with him. However, the policeman is likely to be able to justify the search on the grounds stated above. The caller is also given the number for the Independent Police Complaints Commission (IPCC) and is offered guidance on how the complaint should be framed.
