Vol. 455 No. 5
100 Ms O'Donnell asked the Minister for Justice the alternatives to prosecution which are open to the DPP in making a determination as to whether or not a prosecution shall proceed; and if she will make a statement on the matter. [12507/95]
The Office of the Director of Public Prosecutions in any case referred to it by the Garda decides only whether or not there should be a prosecution. It may, however, when communicating to the Garda a decision that there should not be a prosecution in a particular case, make a recommendation that the suspect in that case be cautioned by the Garda as to his future behaviour. If the Garda accept that recommendation, the wording of that caution and the manner in which it is to be carried out are matters for them. This informal system of cautioning applies where the suspect is over the age of eighteen years.
Where, however, the suspect is under the age of eighteen years, the Garda or the Office of the Director of Public Prosecutions may, in certain circumstances, decide not to prosecute a suspect and, as an alternative to prosecution, to deal with the suspect under the provisions of the juvenile diversion programme.
However, as stated in my reply to the Deputy's question of 8 June, 1995 (No. 26), whereas in the majority of cases the decision as to whether or not to include a juvenile suspect in the programme is a matter for the gardaí, a juvenile suspect for certain specified crimes, including sexual offences, can be included in the programme only on the direction of the Director of Public Prosecutions.
