Suffolk man had heroin on him during court appearance on cannabis charge
PUBLISHED: 09:18 05 June 2016 | UPDATED: 10:25 05 June 2016
A man on a cannabis charge appeared before magistrates via a video link while he had heroin on him, a court heard.
Josh Mison, formerly of Ipswich, but now of High Street, Lowestoft, was given a six-month conditional discharge on December 17 after being found in possession of cannabis the previous day.
However, after the hearing Mison dropped the heroin when he was leaving Martlesham police investigation centre where he had been in custody since his arrest.
The 23-year-old has now appeared before South East Suffolk Magistrates’ Court again – this time charged with possession of heroin, which he admitted.
During the hearing Mison’s solicitor John Hughes said: “He handed over the cannabis. He was in possession of Class A drugs, but as he was leaving the police investigation centre an officer noticed he had dropped something.
“He was in possession before and after the conditional discharge was imposed.
“They are strange circumstances. Had the police actually searched him properly when he was brought into custody they would have found those drugs.”
Mison failed to answer police bail twice before being charged. He also admitted those offences.
The court was told Mison had become agoraphobic and was unable to leave his home.
Magistrates heard although Mison had failed to answer his bail he had told police.
He has now sought help for his agoraphobia.
Mison was sentenced to a 12-month community order with an unpaid work requirement.
He must also pay £60 to the victims’ fund.
After the hearing Suffolk Constabulary said it had done all it could within the law to search Mison.
A spokeswoman said: “He was searched on the street and cannabis was recovered from his pockets.
“He was then searched within custody, but this was a normal search and not an intimate search.
“The police have no legal powers to carry out an intimate search after an arrest for possession of cannabis.
“Later, while still within the custody suite, several wraps of class A drugs were found at his feet. DNA testing was carried out, linking these to Mison.
“Custody search procedures are in place for the protection of individuals and police officers and staff but have to be at a level that is within the law, justified and proportionate.
“The actions that we took on this occasion followed proper procedure and was in line with the circumstances of the arrest.”