Scottish Law Questions? Ask a Scots Lawyer
Thank you for your question.
The fact that you were caught with the drugs is perhaps the most important thing and not what is contained in the summary of evidence you have been provided with. This summary is primarily to assist solicitors and accused persons to begin to prepare cases to defend them, or to make a decision as to whether a guilty plea is to be tendered. If a not guilty plea is tendered, full statements would then be provided, but again these are just a guide to what the actual evidence might be and they are not themselves evidence. As you have a previous Misuse of Drugs Act conviction possession of any amount will almost certainly always result in you being prosecuted I am afraid.
Minor drugs convictions should not prohibit you entering the UK or getting a visa, I am assuming you are a NZ citizen.
Hope this helps. Please click ACCEPT for my time to be credited.
As far as I am aware NZ will not remove your resident status over this, just as the UK would not do that to a NZ citizen.
As far as warnings are concerned there is no such legal principle in Scotland, warnings are an English phenomenon and are not known in Scots law. Cannabis is also once again Class B remember.
As regards XXXXX XXXXX you have been given, I realise that it is quite quick, but if you are not kept custody and are released for report the law says the minimum notice you should be given is 48 hours. If you were caught in possession of the drugs I would imagine you will be pleading guilty, the best thing to do would simply be to attend at court on the 25th and have the matter dealt with there and then. You can then be certain that your means will be taken into account when the fine is announced. The disposal will be nothing more than a fine, probably in the region of £150.