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Jo C.
Jo C., Barrister
Category: UK Law
Satisfied Customers: 70416
Experience:  Over 5 years in practice.
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My girlfriend left a purse at a restaurant, we called up

Customer Question

Hi, my girlfriend left a purse at a restaurant, we called up to ask if they had it and they said they handed it to the police as they found powder which they thought was drugs. The police have now called round but she was not in. Is there a a definate charge if she didn't know that the drugs were in the purse? Would taking a caution be a better option as the drugs were still found in the purse even if she didn't know they were in there?
Submitted: 2 years ago.
Category: UK Law
Expert:  Jo C. replied 2 years ago.
Thank you for your question. My name is ***** ***** I will try to help with this.
How would she come to have drugs in her purse that she didn't know about?
Customer: replied 2 years ago.
She goes out a lot to bars and party's and let's people put wallets ect. In her bag if they don't have a bag etc. She thinks that it was possible someone just put this in one of her card slots, but clearly this sounds like an obvious lie. She really didn't know it was there but how can she prove that??
Expert:  Jo C. replied 2 years ago.
I am sorry but it doesn't sound credible I'm afraid.
You cannot prove a negative. All you can do is offer your account on the point.
However, it really doesn't make any sense that drugs would be in a purse over which she has the only control. Why anybody else would put a valuable substance there is a question that the police might well ask.
I realise that she has told you she didn't know it was there but it is just not really possible. Unless she is alleging plant but then why would the planter know that she would leave it in this way and it would come to attention.
If it is a small amount for personal use and it is going to be a recreational drug then probably they would caution.
If it is a larger amount and they are going to start saying PWITs then this would be worth fighting.
Ultimately it is a matter for her. It is not really anything that can impact on you as it isn't your purse.
Sorry if that is bad news.
Can I clarify anything for you?\
Customer: replied 2 years ago.
Thanks, ***** ***** think this as it sounds like a clear lie. So if she goes to the police admits it was a class a drug, has never been in any trouble before and it is only a small amount (around £20 worth) and shows complete remorse, they would likely caution? Also will this be an interview or as she has pleaded guilty straight away, no interview would be needed?
Expert:  Jo C. replied 2 years ago.
To me it sounds as though you were spot on.
If it is a recreational drug then probably they will caution.
If it a wasting drug then probably not.
There is no point in handing herself in. She needs to call them and make an appointment to surrender voluntarily.
Customer: replied 2 years ago.
Ok thank you very much. Just finally, do you have any idea what the process will be and if an interview will be needed? The drug would have been cocaine.
Expert:  Jo C. replied 2 years ago.
Yes, they will interview. She would have to admit the offence to get a caution.
Customer: replied 2 years ago.
Thanks again. Would you recommend a solicitor to be in the interview or just give her honest statement as she is admittimg the offence?
Expert:  Jo C. replied 2 years ago.
No she should have a solicitor.
The police will offer one but she could get one to attend with her.