Has my son blown his chances?

dizzybuff

USAVirgin wrote: »

They said that he couldn't have a street warning because of his previous caution so had to arrest him and even though the CPS have said to give him a final warning, the Sargent is insisting that it goes to Court. We do not know why he has insisted on this and thought the CPS had the final say, but it appears that a Court Summons has to be served.

He is not hiding anything from us as the police officer came to our house and explained the situation. We are very puzzled by the situation ourselves.

He has never been caught with cannabis before (this is the first time) and had minimal amount on him. It was enough just to put in a rollie with some tobacco. As he was only 16 at the time I had to be present for the interview and saw the amount in the bag that they took off him at the time.

Can I just ask what does PND stand for?

What a load of toff . Sorry thats made me angry . Fair enough if he had had a caution for cannabis or possesion of another substance I can understand, but its totally unrelated.

The CPS should have NFAd it. HMmmmmm me thinks the custody sergent had a bee in his tit on his head

If this accutually gets to court , I Feel the magististrates might say what a complete waste of time and money , for a juvenille case.

http://www.justice.gov.uk/publications/docs/circular-05-2009-pnds-cannabis-possession.pdf = pnd guidance

They have failed to follow guidance . He should only have been summoned if he had a caution in a drugs related offence.

Oh it makes me so angry ....

whatajoke2

USAVirgin wrote: »

Does that mean though that he could still apply for a visa in the future if he does get a Referral Order?

Basically as long as it was just possession then the drugs issue will be ignored in respect of obtaining a visa. The insurance issue occured when he was under 18, is more than likely not a crime involving moral turpitude, and also has no bearing as it was cautioned.

At the moment there is no problem getting a visa (if the US follow the guidelines)

Was the initial caution conditional or simple? and what was the time period between the two arrests.

USAVirgin

dizzybuff wrote: »

What a load of toff . Sorry thats made me angry . Fair enough if he had had a caution for cannabis or possesion of another substance I can understand, but its totally unrelated.

The CPS should have NFAd it. HMmmmmm me thinks the custody sergent had a bee in his tit on his head

If this accutually gets to court , I Feel the magististrates might say what a complete waste of time and money , for a juvenille case.

They have failed to follow guidance . He should only have been summoned if he had a caution in a drugs related offence.

Oh it makes me so angry ....

Yes we are absolutely bouncing too. Many thanks for your link. Having read that then surely when it comes to Court they will just throw it out. I also think that we have legitimate reasons on why he should not receive anything more than a reprimand, final warning. Will talk this over with our Solicitor when he appoint one!

Once again, many thanks

USAVirgin

whatajoke2 wrote: »

Basically as long as it was just possession then the drugs issue will be ignored in respect of obtaining a visa. The insurance issue occured when he was under 18, is more than likely not a crime involving moral turpitude, and also has no bearing as it was cautioned.

At the moment there is no problem getting a visa (if the US follow the guidelines)

Was the initial caution conditional or simple? and what was the time period between the two arrests.

I don't know whether it was a conditional or simple caution - didn't realise there were different types of caution! There were 7 months between the 2 incidents - does that make any difference then?

So are you saying that we could still apply for a Visa even though it hasn't got to Court yet?

dizzybuff

USAVirgin wrote: »

Yes we are absolutely bouncing too. Many thanks for your link. Having read that then surely when it comes to Court they will just throw it out. I also think that we have legitimate reasons on why he should not receive anything more than a reprimand, final warning. Will talk this over with our Solicitor when he appoint one!

Once again, many thanks

No problem , were you there when he was charged/ arrested . Lets see if this Sergeant followed all the rules.

At worst they may give him a slap on the wrist and possibly a fine, but he was 16 at the time , nearly 2 years ago , the crime wouldnt be spent , but he is now an adult and juvenille crimes tend not to be taken into consideration.

Talk to you solicitor . If need be go on a few free sessions with some soliciotrs. You get half hour free.

Good luck , I really dont think this is going anywhere.

USAVirgin

dizzybuff wrote: »

No problem , were you there when he was charged/ arrested . Lets see if this Sergeant followed all the rules.

At worst they may give him a slap on the wrist and possibly a fine, but he was 16 at the time , nearly 2 years ago , the crime wouldnt be spent , but he is now an adult and juvenille crimes tend not to be taken into consideration.

Talk to you solicitor . If need be go on a few free sessions with some soliciotrs. You get half hour free.

Good luck , I really dont think this is going anywhere.

Thanks dizzybuff - he was 16 at the time of the arrest, and has now only turned 17 (July) so isn't an adult until next July. Hoping that it will all be done and dusted by then.

Thanks for the advice about the free half hour and really hope that you are right in that it isn't going anywhere.

Still not sure whether to go for a visa or not for him. Have cancelled his flight ticket already but could easily book another one if need be. Really confused as to what to do. Also we live 200 miles from London, and as am self employed really would be hard pushed to find the time to get there for an interview - does that have to be in person do you know?

Anyway thank you very much for your time and to everyone else who has helped me. It has made me feel better in the fact that he hasn't entirely ruined his whole life before it even started!!!

whatajoke2

USAVirgin wrote: »

So are you saying that we could still apply for a Visa even though it hasn't got to Court yet?

I don't know. If it was an adult then he couldn't.

dizzybuff

USAVirgin wrote: »

Thanks dizzybuff - he was 16 at the time of the arrest, and has now only turned 17 (July) so isn't an adult until next July. Hoping that it will all be done and dusted by then.

Thanks for the advice about the free half hour and really hope that you are right in that it isn't going anywhere.

Still not sure whether to go for a visa or not for him. Have cancelled his flight ticket already but could easily book another one if need be. Really confused as to what to do. Also we live 200 miles from London, and as am self employed really would be hard pushed to find the time to get there for an interview - does that have to be in person do you know?

Anyway thank you very much for your time and to everyone else who has helped me. It has made me feel better in the fact that he hasn't entirely ruined his whole life before it even started!!!

Just make sure he stays out of trouble now . In Law 17 is adult not 18.

dzug1

USAVirgin wrote: »

Also we live 200 miles from London, and as am self employed really would be hard pushed to find the time to get there for an interview - does that have to be in person do you know?

HE has to attend in person. I suspect YOU won't be allowed in the building.

USAVirgin

dizzybuff wrote: »

Just make sure he stays out of trouble now . In Law 17 is adult not 18.

Yes, both me and OH have read him the riot act, but really didn't know that in law you are an adult at 17!! Thanks for that and all your help