For Class C drugs, possession is generally not an arrestable offence.

• A. Yes
• B. No
• C. Only in certain circumstances
• D. It is always arrestable

Answer: (B)

The key idea here is whether an offence is “arrestable” under PACE, which determines if police can arrest without a warrant. An offence is arrestable if it is serious enough to be prosecuted on indictment or carries the possibility of imprisonment. Possession of Class C drugs falls into this category because it is an offence under the Misuse of Drugs Act that can be tried on indictment and can carry a prison sentence. So, in general, possession of Class C drugs is an arrestable offence, meaning the statement that it is not arrestable is not correct. There can be discretionary, non-arrest disposals in some cases, but the default position is that Class C drug possession is arrestable.