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.
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