Did you
know that if a person is found to be in the possession of Cannabis, a Police
Officer has the discretion to give that person a warning rather than
having to charge the person and have the person attend court for a charge of ‘Possession
of a Prohibited Drug’?
A police
officer can give a person a Warning in circumstances where the
following is met:
1.
A person
was found to have Possession of no more than 15g of Cannabis; AND
2.
The Drug
found in that person’s possession was for personal use; AND
3.
The
person has made admissions to having it in their possession; AND
4.
The
person has not been involved in another criminal offence at that same time; AND
5.
The
person has no prior criminal record for offences pertaining to Drugs, Violence,
or Sexual Assault; AND
6.
The
person has never been Cautioned for Drug Possession on more than 2 prior
occasions.
If all
the above points (points 1 to 6) have been met, and an officer decides to issue
a person with a warning rather than charge the person (and have the
person face Court), then this is called the ‘Cannabis Cautioning Scheme’
Our
team of experienced solicitors are there for you and can help you answer all
your questions, so be sure to contact
Nicopoulos Sabbagh Lawyers.
*This article
correctly reflects the Laws of NSW as at 25th
May 2022.
*It should be
noted that this page or any other pages on our website (including any other
social media platforms for Nicopoulos Sabbagh Lawyers) are not to
be considered as a substitute for legal advice or even other professional
advice. It should also be noted that accessing of this information from this
website does not create a client-lawyer
relationship.