In a weekly column, solicitor Juliet Phillips-James casts

Her expert eye over a range of legal matters and urges anyone with any questions or problems to come forward for help.

QMy son who is 18 years of age has been asked to attend our local police station as he was found by two police officers in our local park with cannabis in his jacket pocket. He is very worried about having a criminal record and potential adverse effects of this. He has never been in trouble with the police before. A Your son has no legal obligation to attend the police station for voluntary interview, but if he did not this is almost certainly going to result in his being arrested and taken to the police station for interview. He should attend voluntarily and arrange to be represented by a solicitor who practices criminal law. He has a right to be represented free of charge by a duty solicitor.

The solicitor would obtain disclosure from the police and assess the strength of evidence against him advising in particular whether or not to answer questions as to the alleged possession of the cannabis. The law is very clear in that it is an offence to be knowingly in possession of cannabis as this is a controlled drug.

From the circumstances it appears that as the police found the cannabis in your son’s jacket he would be guilty of possession of it provided he knew it was in his jacket.

If he were to admit possession of the cannabis it does not have to result in a criminal record as the police could be requested to consider an adult community disposal which could range from attending an educational course or basic advice as to the illegality of possession of cannabis.