Dáil Éireann Debate, Wednesday - 5 April 2006
227 Mr. J. O’Keeffe asked the Minister for Justice, Equality and Law Reform the details of the recent adult caution scheme; the guidelines for its implementation; the reason for its introduction; and if there is a statutory basis. [13662/06]
View answerI am informed by the Garda authorities that the background to the introduction of the adult cautioning scheme was the report of the public prosecution system study group, which was published in 1999. In order to reduce the volume of cases being brought before the courts, the report recommended the introduction of a system whereby offenders would be issued with warnings by the Garda Síochána, instead of being prosecuted.
Offences deemed appropriate for inclusion in the scheme were arrived at through consultations between the Office of the Director of Public Prosecutions and the Garda Síochána. Summary offences, with the exception of serious Road Traffic Act offences and offences arising from conduct which had a clear potential to cause serious injury to person or property, were deemed appropriate for consideration.
Indictable charges of a comparatively minor nature such as theft of small amounts of food, drink or household products, and assaults which were not intended to cause significant harm, were also included.
Consideration is always given as to whether or not a caution of the person in question is in the public interest. The scheme operates on a non-statutory basis and under the common law powers of the Garda Síochána. Details of the scheme and the guidelines for its implementation are outlined in an explanatory document, which will shortly be available on the Garda website, www.garda.ie. It will also be available to other interested parties, including members of the legal profession and the Judiciary.
