Albanian Clients Miuse of Drugs and Immigration Case
Kinloch Lawyers Client and occupants in car involved in the purchasing or supplying of cannabis
David Kinloch & Co Solicitors helped Albanian gentleman in having a charge of supplying cannabis dismissed from the Court which allowed him to approach the Immigration Authorities so that he was not deported from the Country.
David Kinloch and his colleague, Ross Jenkins, worked tirelessly on this matter and after a number of consultations with a Senior Procurator Fiscal in Glasgow, managed to persuade the Crown not to call the case. The evidence against our client was complicated and circumstantial in many aspects.
Understanding The Misuse of Drugs Act Legislation Act in Scotland
The difference between the UK wide act 1971 and Scotland Act
The Misuse of Drugs Act 1971 is a UK-wide piece of legislation that regulates the control of dangerous or otherwise harmful drugs, with the aim of preventing their misuse. While the act applies to the entire United Kingdom, including Scotland, there are some differences in how it is applied and enforced in Scotland compared to the rest of the UK.
Client Originates from Albania expresses his innocence in the case
Our client who originates from Albania was in a car in the City Centre of Glasgow when the car came to the attention of the Police. Other occupants of the car were involved in the purchasing or supplying of cannabis and these persons were arrested and convicted. Our client who was also detained, expressed his innocence and denied that he knew that any drug transactions were taking place.
Getting Bail Conditions Despite Opposition from the Crown
He originally failed to appear for his original Trial and a warrant was taken for him and we managed to get him to answer the warrant and then got him bail despite opposition from the Crown
The Outcome of the Case
What was Agreed
When the matter was due to come back up, we had strenuous discussions with the Crown and after a degree of reticence and reluctance, we managed to persuade the Crown not to call the case. Our client was facing deportation and we have now provided him with paperwork which he can take to the Home Office in order to stay in this Country. The client was absolutely delighted with the result and could not thank David Kinloch and indeed Ross Jenkins enough.
It literally was life changing for him.
These differences arise from the devolution of certain powers to the Scottish Government and specific legal and policy frameworks that operate in Scotland.
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