|
Minister For
Justice, Equality and Law Reform:
The Adult Cautioning Scheme referred to by the Deputy is an initiative
of the Garda Authorities developed in conjunction with the Office of the
Director of Public Prosecutions.
This initiative, for which
the Garda authorities and the DPP are to be commended, is a response to
a recommendation in the 1999 Nally Report on the Public Prosecution
System that 'as a measure to reduce the volume of cases prosecuted
through the Courts, a system should be introduced whereby offenders
would, in certain circumstances specified from time to time by the
DPP, be issued with warnings instead of being prosecuted.'
The scheme makes provision
for the administering of a caution by a senior Garda officer for certain
minor offences, as an alternative to prosecution in the District Court,
where prosecution is not required by the public interest and it is
determined that a caution would be an effective response.
The schedule of offences
to which the scheme applies covers certain offences under the Criminal
Justice (Public Order) Act 1984, the Criminal Justice (Theft and Fraud
Offences) Act 2001, the Intoxicating Liquor Act 2003, the Non Fatal
Offences Against the Person Act 1997 and the Criminal Damage Act 1991.
It was initially proposed to include in the scheme offences under
Section 3 of the Misuse of Drugs Act 1977 to 1984 related to the
possession of cannabis. However, the Garda Commissioner has
indicated that he has decided to withdraw such offences from the scope
of the scheme for the moment pending consultations with the Garda
Síochána itself and with the DPP and the Department of Justice, Equality
and Law Reform.
Any proposal to expand the
scheme in the future is a matter, in the first instance, for the Garda
Authorities and the DPP.
|
CiaranCuffe.com