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Cautioned By Police. But Offence Incorrect?!

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ASG1 | 20:41 Sun 27th Oct 2013 | Law
13 Answers
Hi
Just recently I got arrested for being in possession of the drug ketamine. I was arrested and spent the night in locked up. In the morning they cautioned me and released me. However, they cautioned me for being in possession of a controlled substance and in the documentation they got me to sign they 'claim' the drug I was in possession of was a class A substance. However I have done some research since, I have come discover that ketamine is actually class C. Is there anything I can do about this? The police have got this incorrect and I would rather receive a caution for being in possession of a class C substance as opposed to a class A. What can I do? This is their error I should have to pay for it!
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Question Author
Sorry, this is their error and I SHOULDNT have to pay for it lol
Go back to the police station and ask. Phone the police and ask.
I'd speak to solicitor..if charge sheet is inaccurate then you may find no case is presented on a technicality..
I think that by agreeing to a caution you have admitted the offence , you should have checked before you signed.
Question Author
I had no way of checking. I was shocked when they claimed it was a class A substance. I even questioned the officer when he claimed this. But they're not going to listen to me. I don't mind the offence being changed to the correct classification. Who am I to argue with the law?! Im sure anyone would expect the police to give correct information. I will seek some legal advice first to see where I stand with this
Does the caution name the drug, Ketamine, or just say 'class A'?
It is still Class C, although possibly being moved higher. Do you have a solicitor?
Question Author
The charge sheet says 'was in possession of a class A substance - ketamine'

...and no I don't have a solicitor. I was going to ring a helpline to get some free advice
Ketamine is defiantly class C just Googled it.
ASG1 it as a mistake but I don't see it makes much difference, you are still going to have a 'record' for a drugs offence. they may just retype the caution with the C in place of the A
. By accepting a caution - you have admitted an offence
BUT the only thing is - the offence doesnt exist.

so yes I agree the caution at present looks like a nullity.

Hopefully the usual suspects will give an opinion which I await with
antici-pation !
PP possession of Ketamine is an offence surely ? ( Unless you are a Vet it's only legal use is as a horse sedative.)
possession of Keetamine being a class A droog

is the offence I thought didnt exist.....
ASG1 most lawyers will let you have 30 min's advise free, that will be enough to tell you if you have a case.

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