UK - Attempted possession with intent to supply class A

[vandamme]

hi im writing to seek advice and possible outcomes for a SWIM, this person was arrested on attempted possession with intent to supply a class a drug and knowly concern. This is a single mother with no drug offences. The person lives in a block of none secured flats. Ok what had happened is the royal mail intercepted a parcel at there mail centre with had the SWIM s name and address on it and so the police came to arrest the SWIM who was in a friends flat across the way . The police didnt have to put the doors in as they were already open, the swim then went across in which they asked for the swims name and arrested her without telling her what charges, they searched the flat of which there was nothing there. So they have a parcel with the swims name on it that never came into her possession which she has no knowledge of. She had told police that she has had random parcels in the past which had her name on but wasnt for her. The parcel was sent special delivery before a certain time in which she wasnt in. The contents in the box amounted to half a kilo of pure cocaine with an estimated price of £25k. There was no traces of cocaine in her flat or on her either. Just wondering if anyone has had a similar case or the best thing she can do, the police are really trying to nail this girl as they think she knows something, any help or advice for the swim is greatly appreciated

[Pondlife]

First step: tell the person not to enter into any discussion with the police, and to speak to a solicitor immediately. This is her right, and she should use it. Don't let her talk herself into trouble.

[vandamme]

this happened a few months ago mate, u think she is looking at time, they still have her mobile switched on aswell as we tried to phone it, is this legal

[Pondlife]

From what you say, the Police will have a difficult time proving that she was involved in the offence, providing there is no evidence linking her to the package (e.g. fingerprints), she does not talk herself into trouble (easily done), and noone stitches her up.

If she were charged with possession with intent to supply a class A drug, then the case would almost certainly be committed for trial at the Crown Court as this is too serious and complex for the magistrates court. If found guilty, a prison sentence would be quite likely. The maximum sentence for intent to supply class A is life imprisonment.

Do you know if she has been charged with these offences, or was she arrested and released on police bail?

[vandamme]

she was released on police bail , she is on a curfew and signs twice a week, her solicitor called and said it is going to the crown court. She has mental issues like paranoia and schitzophernia and living in n.ireland she got a death threat because of it. I thought if you dont have it in your possession how can they do you with attempted possession everyone i have asked they havent even heard of that charge, If that was the case the police could set up anybody as long as you have there name and address

[Pondlife]

Good to hear she has a solicitor. Assuming he/she is competent, they should be able to give helpful advice.

Yes, there is an offence of attempted possession, but it's normally used when someone possesses a substance that they beleive to be drugs but are actually not. For example, if someone buys a kilo of chalk powder believing it to be cocaine. I've never heard of it used for when it's a real drug not in a person's possession before.

Regarding the death threat, is that from "Direct Action Against Drugs", or whatever name the IRA use for their vigilante activities? I thought all that stuff had stopped long ago.

Has she actually been charged yet, or is she still under arrest and on bail? If she's been charged, has she entered a plea before the magistrates yet?

[Sunshine-Band]

I wonder why the police didn't let the postie deliver it and watch what happened afterwards - on the face of it they fluffed an easy bust (notwithstanding this persons account that they are innocent).

[vandamme]

just an update swin got case thrown out of court, thanks for the advice ppl it meant alot it kept her spirit up

Reputation Comments on this post:

Good to know how it ended

[Sven99]

Thats great news! Give her our congratulations

Thanks for letting us know

[vandamme]

will do , and thanks again

[cannabis-sam]

Glad to hear although I was in no doubt whatsoever that your friend would not be charged.