Repeat offenders who commit new crimes can escape prosecution under a new Garda cautioning scheme if they admit their guilt and agree to pay compensation to their victim.
This aspect of the scheme is likely to be controversial and will lead to fears that the scheme may be used by wealthy or well- known figures to escape prosecution even when caught committing an offence.
Full details of the adult cautioning scheme have just been published by the Garda. Proposals to include first-time possession of cannabis as one of the offences have been abandoned.
Details of the new plan reveal that even individuals who have offended many times in the past can be considered for a caution for new offences if the garda dealing with the matter deems it suitable.
The guidelines add that while the views of the victim should be considered when deciding if a caution is best, "a caution may be appropriate even if the victim is opposed to it".
The guidelines also note: "An offer of compensation may be a feature which might properly support the decision to caution."
However, the decision to administer the caution should not be conditional on the "completion of a specific task such as payment of compensation".
"Under no circumstances should members of An Garda Síochána become involved in negotiating or awarding reparation or compensation."
The individual garda investigating a crime has the power to decide if a caution is the most suitable course of action. They can consult their superior officer or the Director of Public Prosecution's office if necessary.
There is no mention in the guidelines of suitable levels of compensation. However, it is clearly stated that gardaí can take into account an offer of compensation when deciding if a caution is the best course.
The adult cautioning scheme came into operation on February 1st. The full details of the plan are only emerging now.
The scheme has been approved by the Director of Public Prosecutions.
It was devised by the Garda and officials at the DPP's office as an alternative to involving in the court system those who commit minor offences.
The Department of Justice said it was too early to say how it was working.
The benefits of the scheme include easing the workload on the courts and freeing up gardaí for front-line duties who would otherwise be giving evidence in court cases involving minor crimes.
It covers a wide range of offences, from intoxication in a public place to assault, theft, disorderly conduct and threatening and abusive behaviour.
It covers 13 offences and can be used in respect of any offender aged 18 or over once certain conditions are met.
There must be prima facie evidence of the offender's guilt.
The offender must admit the offence and understand the significance of a caution. The offender must also give an informed consent to being cautioned.
Cautioning Offences
- Assault
- Intoxication in a public place
- Disorderly conduct in a public place
- Threatening, abusive or insulting behaviour in a public place
- Failure to comply with a direction of a member of An Garda
- Theft involving property valued at less than €1,000
- Damaging property valued at less than €1,000
- Threat to damage property
- Wilful obstruction
- Entering a building etc with intent to commit an offence
- Surrender and seizure of intoxicating liquor.
