Dáil Éireann Debate, Thursday - 21 January 2021
294. Deputy Pa Daly asked the Minister for Justice further to Parliamentary Question No. 685 of 13 January 2021, the categories of offences for which adult cautions were issued; and the number of offences cross tabulated with the number of cautions and custodial sentences given for these categories by Garda division in tabular form. [3093/21]
View answerAs the Deputy will be aware, the Adult Caution Scheme was introduced to An Garda Síochána in 2006, having been approved by the Director of Public Prosecutions (DPP). The Scheme is a non-statutory one agreed between, and administered by, both organisations. The operation of the scheme is an operational matter for An Garda Síochána and the DPP, both of which are independent in the exercise of their functions.
I am advised by the Garda authorities that the following offences are listed in the schedule of adult cautions following the extension of the scheme to the four additional offences listed in my response to Parliamentary Question No. 685 of 13 January 2021:
Criminal Justice (Public Order) Act, 1994
- Section 4: Intoxication in a public place
- Section 5: Disorderly Conduct in a public place
- Section 6: Threatening, abusive or insulting behaviour in a public place
- Section 8: Failure to comply with direction of a member of An Garda Síochána
- Section 9: Wilful Obstruction
- Section 11: Entering building etc. with intent to commit an offence
-- Section 13: Trespass in a manner likely to cause fear
- Section 21: Failure to comply with Garda directions controlling access to certain events
- Section 22: Surrender and seizure of intoxicating liquor
Criminal Justice (Theft and Fraud Offences) Act, 2001
- Section 4: Theft (where the value of the property concerned is less than €1,000)
Intoxicating Liquor Act, 2003
- Section 6: Offences by a drunken person- Section 8: Disorderly conduct
Non-Fatal Offences Against the Person Act, 1997
- Section 2: Assault (Assaults on a member of An Garda Síochána shall be forwarded to the Director of Public Prosecutions)
Criminal Damage Act, 1991
- Section 2: Damaging Property (where the value of the property damaged is less than €1,000)
- Section 3: Threat to damage property
Criminal Justice (Theft and Fraud Offences) Act, 2001
- Section 8: Making off without payment (where the value of the payment is less than €1,000)
- Section 17: Handling stolen property (where the value of the property concerned is less than €1,000)
- Section 18: Possession of stolen property (where the value of the property concerned is less than €1,000)
Dublin Police Act, 1842
- Section 14(12): Nuisances in Public thoroughfares (applies to Dublin Metropolitan (Court) District Only)
Intoxicating Liquor Act, 1927
- Section 17: Persons on licensed premises during prohibited hours
Licensing Act, 1872
- Section 12: Public Drunkenness
Summary Jurisdiction (Ireland) Amendment Act, 1871
- Section 8: Offensive or riotous conduct in a theatre or other place of public amusement (applies to Dublin Metropolitan (Court) District only)
Misuse of Drugs Act 1977
- Section 3: Possession of cannabis or cannabis resin a controlled substance. Commonly referred to as ‘simple possession’ or possession for personal use.
Casual Trading Act, 1995
- Section 3: Casual trading without a licence or contrary to the terms of the licence.
I hope the Deputy will understand that the detailed information requested is not readily available.
I am informed by the Garda authorities that to provide a breakdown of cautions by offence grouping from 2015 up to end 2020 would require a disproportionate amount of time and would be extremely onerous to compile.
The Courts Service have further advised that it would necessitate a disproportionate amount of resources to generate a reply and that the Court Service database can only collate data in respect of Court venue, rather than Garda District. Therefore, it is not possible to provide the information in the format requested.
