My son who is 17 received a summons for possession of cannabis. This incident happened 11 months ago. He has turned his life around since then, got a good job, and this has come to haunt him. Is it illegal for the police to sit on a summons for that length of time.
2007-05-15 02:16:45 · 13 answers · asked by Nicknoname 1 in Politics & Government ➔ Law & Ethics
I don't think it is illegal for your son to receive a summons after 11 months, although I cannot find any information on the length of time or limit after an incident ,they can still prosecute.
It is probably due to a back log either in the Courts or due to the length of time it has taken to process what is, if compared with murder for example, a relatively minor crime.
I would also suspect that this is no longer in the hands of the Police and it will be the CPS (Crown Prosecution Service) who have decided to press charges, and have take so long.
The links below may prove useful:
Criminal Justice system - defendant
http://www.cjsonline.gov.uk/defendant/index.html
Home Office classification of drugs and penalities:
http://www.homeoffice.gov.uk/drugs/drugs-law/Class-a-b-c/?view=Standard
Offender information
http://www.cjsonline.gov.uk/offender/index.html
Your son, for whatever reason, was committing an offence and so by the judicial system we live under he should be tried for that offence.
Although this may seem harsh, as it was 11 months ago, it is the law.
The fact that he has now turned his life around can and will be used in mitigation by his solicitor. If the Court accept the mitigation, then they will issue a reduced penalty.
It will serve as a reminder to your son, now that he is approaching adulthood, that everything he does in life has a consequence, whether it be positive or negative, and will be a life lesson learned that hopefully will stay with him well into the future.
I am not an expert, but would seriously doubt that any penalty given now will be of huge proportions, but worth bearing in mind that he will have a criminal record however small the fine is - if that is the punishment they choose.
It may actually work in his favour that it has taken so long to come to court, as he can now provide mitigating evidence.
Hopefully the links will help.
2007-05-15 03:29:00 · answer #1 · answered by Jules 5 · 0⤊ 0⤋
This really is unfortunate, but it is a matter for hearing in the Youth Court and I think that the magistrates will be impressed at his progress since this little incident. My inclination would be to ask for a word with the prosecutor via his legal representative before the case begins to see if something can be sorted out. The prosecutor might be inclined to generosity in the circumstances. Summonses are supposed to be issued within six months of an episode, but there is a mechanism for the police to reissue. However, this really is taking things somewhat far, particularly with a young person of that age.
2007-05-15 04:20:06 · answer #2 · answered by Doethineb 7 · 0⤊ 0⤋
Why do people always blame the police for things they don't understand or agree with?
The police involvement with the case ended when you son was reported for summons 11 months ago. Since then its all been in the hands of the Crown Prosecution Service who are completely independant of the police.
To answer the question- yes it is legal, theres no statute of limitations.
2007-05-15 06:55:01 · answer #3 · answered by Anonymous · 1⤊ 0⤋
It depends upon your local jurisdiction. Hire a local attorney. The length of time is excessive, but the summons may still be legally viable. Your son's accomplishments since then are things for the judge to consider, as is the time delay in service of the summons.
2007-05-15 08:45:21 · answer #4 · answered by mcmufin 6 · 0⤊ 0⤋
It is not the police, necessarily, but the court. It obviously has a backlog of cases. You can ask your lawyer, but I doubt that being backed up in the court system violates your constitutional right to a speedy trail. It hasn't worked so far.
BTW, it might be a good thing to let the judge know that your son has turned his life around in the meantime. Be sure to mention it to your lawyer.
2007-05-15 02:26:32 · answer #5 · answered by Randy G 7 · 1⤊ 0⤋
The police have a year and a day to issue a summons
2007-05-15 02:30:41 · answer #6 · answered by ALLEN B 5 · 1⤊ 0⤋
no i don't think its illegal,but if like you said hes turned his life around that will go in his favour,you can get a summons anytime after the event its for,just depends on when they get round to viewing his case,but he shouldn't worry to much,as you say hes changed and i think a small amount is now allowed anyway providing its for his own use good luck any way
2007-05-15 02:27:31 · answer #7 · answered by Anonymous · 0⤊ 0⤋
while you're speaking approximately King Henry the IV of France, no, Enrique isn't Henry. King Henry IV of France became into trouble-loose as Henry of Navarre. Navarre is a area interior the north of Spain close to the border of France. each and each kingdom had an unique set of monarchs. If a Henry from one u . s . married into yet another royal kin, he may well be renamed in accordance to the interior of sight language and hegemoney.
2017-01-09 21:43:06 · answer #8 · answered by ? 3 · 0⤊ 0⤋
In CA, the DA has one year to file charges from the date of arrest/citation
2007-05-15 02:35:15 · answer #9 · answered by Anonymous · 1⤊ 0⤋
it can take up to a year, for it to go to court, if he has turned his life around,he will be OK,all the best
2007-05-15 05:24:02 · answer #10 · answered by Anonymous · 0⤊ 0⤋