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Original poster

DP charged with drugs possession, please advise.

42 replies

changer101 · 24/03/2010 20:36

I don't really want to get into all the ins and outs of the drug use, if you don't mind, just after some advice, please.

At the weekend DP was away on a lads weekend, a group of them got some ecstasy tablets to take, not something that is regularly done, it was a one off really.

Anyway, they didn't really take any, so DP had them on the way home. On the way home, he got pulled over by police as he had a break light out. He obviously smelled of alcohol (was drinking the night before) so he was breathalised and failed. He was then searched and they found 13 tablets in his bag.

He was taken to the station, was re-breathalised and was thankfully fine, but he was charged with being in the possession of drugs. He has been told he will be contacted in regards to this in due course.

Just really after some advice as to what this could mean. He said the police mentioned that it would most probably be a fine, and as he admitted it, it shouldn't go to court.

We have a big holiday coming up at the end of the year in America, but someone has mentioned that the charge could stop him being able to go, is that true?

Hoping someone might be able to give us an idea of what this charge will actually mean. DP is gutted and worried sick.

OP posts:

glasjam · 28/03/2010 17:55

So the million dollar question is, how would they ever find out that you had been arrested if you didn't declare it on any visa application form? Do they have the power to do a search of some description at immigration? Would an arrest without charge be registered on any database they could access? Just curious...

mranchovy · 28/03/2010 18:51

Follow my link a few posts down.

glasjam · 28/03/2010 20:38

Mranchovy - I looked at that link and was a little baffled by it. Is that a request from the US Embassy to the UK Home Office to request that they share this kind of information? Or is that an example of a letter they would send to the Home Office to request a search on a specific person? I wasn't entirely sure.

mranchovy · 28/03/2010 21:15

Oops, that wasn't very informative after all

Not sure what happened there - try this.

FlookCrow · 28/03/2010 21:37

WannaBe, was it Class A's he was arrested for?

nigglewiggle · 29/03/2010 20:15

Yes, Ecstasy is Class A.

FlookCrow · 30/03/2010 00:53

Then he didn't declare the arrest, caution or conviction. Had he done so, he would not have been granted a work visa.

Sorry, not entirely up to date on classifications of drugs these days, not a user myself.

nigglewiggle · 30/03/2010 08:02

Nor am I .

FlookCrow · 30/03/2010 18:39

Up to date, or user?

Ok, I'm just being facitious now. And my comment was to Wannabe and her brother, not the starter of this thread.

visawaiver · 30/03/2010 18:55

I have a conviction which I have never declared - not when I still had to, nor after it was spent. I have been to the US numerous times and have never had a problem. They don't have access to UK criminal records.

On your DP's charge though, they do tend to come down quite heavily on possession of Class As, particularly if you have more than 10 on you. My ex was charged with intent to supply when he was caught with 12 tabs on him so your DP is pretty lucky really.

WkdSM · 06/04/2010 14:21

Even if you filled in and Esther form before, you still have to fill in the green immigration forms as the Esther things are not fully up and working.
Do you really want to risk being turned back at immigration?
My mother (70+) was pulled in by the immigration chaps because one her fingerprints did not seem to match previous fingerprints. They had her in a room for 45 minutes and refused to let my father (who is deaf and could not understand what they were saying) see her. It was relly distressing.
If you want to go to the US - get a visa. Yes it will be hassle and will cost more, but maybe DP should have thought of that before he broke the law.

LadyLapsang · 06/04/2010 19:06

Regarding your DP's work, I should imagine if it's the type of job he needs a CRB check for, he will be required to notify his employer of any conviction, arrest etc. If he does not do this and they find out it is likely to be worse for him as not only will he have a drugs conviction but he will be seen as dishonest and not following procedures too - increasing chances of dismissal.

FlookCrow · 10/04/2010 08:56

WkdSM, that's an awful story but not relevant to this thread. If she had been hiked over because of a previous conviction, that would be different. Immigration is tough!

And Lady Lapsang, he will not necessarily have to notify his employer, depending on the outcome. If they do fire him because he does not declare it, it is them who are in the wrong, not him.

Thecatwhowalksbyherself · 10/04/2010 09:27

OP - It may help to call Release 0845 4500 215 "Release www.release.org.uk/"

cantcarryon · 13/04/2010 00:32

I think everyone should remember that it is not only those with convictions who are forced to get a full visa to visit the US. If you are arrested and no charges ever brought you are lumped in with those with convictions and prevented from using the visa waiver scheme. You then have to get a police report (costs about £70, takes up to 8 weeks) before you can even apply for a visa. You then have to arrange an interview where they consider your application - they can just turn you down flat. The whole thing can take months.

And the police apparently can arrest you for no reason and do not have to justify it. Yes, any one of us could be subjected to false allegations which screw up your life forever.

fortyplus · 13/04/2010 00:38

changer101 - CRB checks are to be superceded by the new Vetting & Barring regulations. Anyone working or volunteering in a role that brings them into contact with children or vulnerable adults will be required to join the register. This applies to new posts/volunteers from Oct 2010, but will be phased in gradually and apply to all such positions by July 2015.

However, as others have said, a drugs conviction will not necessarily preclude your DP from carrying on with his job.

fortyplus · 13/04/2010 00:40

Found the links...
Independent Safeguarding Authority web page: www.isa-gov.org.uk/default.aspx?page=402

With a link to download the full guidance (all 70-something pages of it) here:

www.isa-gov.org.uk/PDF/VBS_guidance_ed1_2010.pdf

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