To think police would not issue a caution for possession with intent to supply

[MariaAngustias]

So relative (no past record, 18 year old) was arrested in possession of 10 bags of cannabis and some weighing scales - obviously intending to supply. He is saying he was released with a caution after being kept overnight and the police also searched his room (with parents consent). I am gobsmacked that they would let someone off who was supplying - not as if he had a bit of weed for personal use. Is this likely? Just seems totally unbelievable to me but maybe I am out of touch...

Doesn't sound that incredible

They've accepted it's personal use obviously

It's a Class B drug - just a bit of cannabis.

10 bags isn't exactly a huge amount either. I'd be more worried about who is exploiting him if it's such a small amount he was 'trusted' with - might be a test to see if he snitches to the police.

A caution is the same as a conviction - it's basically pleading guilty but without the time and expense of the court process. So he'll have a criminal record if he accepted a caution.

Yep, sounds totally believable to me.

A caution will still go on his criminal record.

@whydoyouhateclocks

A caution is the same as a conviction - it's basically pleading guilty but without the time and expense of the court process. So he'll have a criminal record if he accepted a caution.

That’s not true. His caution will be recorded and available to some people in some circumstances, but there are a whole bunch of things that apply to people with convictions that don’t apply to those who just have cautions.

You seem to be the one assuming he was supplying. 10 bags is easily within a personal use quantity. Given that there was no evidence that he was supplying, a caution is perfectly credible for a class A drug.

How much weight or moneys worth is in 10 bags? I guess that's what it rests on

I'm amazed they did anything at all about cannabis. Our old neighbours were selling and smoking copious amounts and the police told me flatly they weren't interested in investigating the second time I phoned, and that was in a relatively low crime area.

My guess was that the evidence that he had intent to supply will have been insufficient for prosecution. I have seen people charged for less though.

Well he must have admitted it if he was cautioned. Was he represented? Most caught with small quantities claim it is for personal use and that the existence of scales were to ensure they weren’t being cheated by their supplier.

As an aside, in one of my interviews re possession only, the detainee stated “ Oh, I wasn’t going to smoke it myself, I was just going to sell it”.
Doh...

That’s not true. His caution will be recorded and available to some people in some circumstances, but there are a whole bunch of things that apply to people with convictions that don’t apply to those who just have cautions.

Ok. It was an oversimplification. Your point re convictions could equally be made about people convicted of differing offences or receiving differing levels of sentencing.

A caution will come up on anything other than a basic DBS. A conditional caution will come up on any DBS.

The point I was trying to make was that it's not just a cautionary word or ticking off. It carries weight and has consequences.

Yeah if it was a small overall amount and no previous, he could just say that's how he bought it, scales were for checking he wasn't being stitched up, he keeps it in separate bags to moderate his daily consumption etc. All a bit unbelievable but very difficult to prove otherwise if no larger amounts of cash found, phone with deals on it etc. So if his solicitor said he'll accept a caution for possession, at his age no precons they probably would've gone for it.

Totally believable. I don’t think class B is seen as significant. Hopefully he’s been scared into stopping.

Yes, sounds normal, but they will take it seriously next time. I've know people have large quantities or class A or B drugs with intent and because it was first offence they got suspended sentences at the most (also young, impressionable, county lines type thing)

The courts are in a mess. I should imagine the police are being told to avoid sending cases there if it can be justified.

When I was at uni (admittedly it had only just been bumped up from C to B then) there was a known cannabis dealer who was also a student. The police eventually caught up with him - they raided his student house, removed his supply and also took his laptop - but he was never charged, only cautioned. He had a clean record prior to that. That was a good few years ago but maybe having no former convictions helps. Or maybe age. Or maybe it’s not worth chasing in court if they can’t unequivocally prove he was dealing. Or maybe a mix!

It would depend on how large the bags were: if it was ten small baggies I can entirely imagine he would be let go with a caution. Could easily be for personal use.

For a young user with no previous, and particularly as its cannabis, it hardly seems worth the grief of prosecution for this.

Ex-criminal lawyer here. I once had a client cautioned for PWIS cannabis. It’s unusual but not unheard-of. I’d imagine he will have said he bought for a small group of friends pooling their money - technically PWIS. Or he was arrested for PWIS but only cautioned for possession, which is pretty common for a small amount and no other evidence of dealing.

It's not a big deal.

He hasn't been let off. He has admitted the charge, signed paperwork to admit guilt and been given a caution.

It is on his record and it may come back to bite him further down the line.