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Drug Possession – Pleading Guilty by Post

This week saw police conduct at music festivals in the spotlight with the Law Enforcement Conduct Commission’s public hearings. One of the practices highlighted has been police advising people...

Justin Wong

This week saw police conduct at music festivals in the spotlight with the Law Enforcement Conduct Commission’s public hearings.

One of the practices highlighted has been police advising people charged with drug possession to complete the yellow Written Notice of Pleading and send it to the court. They are apparently also told they will then likely receive no conviction.

As set out in our EARLIER BLOG, sending in a Written Notice and not attending court is never advised. Further, if you do this you risk ensuring you receive a conviction. This is for two reasons.

Firstly, a magistrate can not have you enter into a Conditional Release Order if you are not present in court, which is the most common form of no-conviction.

Secondly, it is difficult to demonstrate your remorse and distinguish yourself from other similar defendants.

If you require further information or advice, contact one of our specialist criminal lawyers.