First time possession of cannabis for personal use now included in Adult Cautioning Scheme

The Adult Cautioning Scheme has been amended to include four additional offences, including first time simple possession of cannabis and cannabis resin.

The four offences, which also include trespass in a manner likely to cause fear, control of access to certain events and casual trading without a licence or contrary to the terms of the licence, were created in collaboration with the Director of Public Prosecutions and came into effect on 14 December.

The decision to caution on the basis of simple possession of cannabis or cannabis resin (also known as possession for personal use) in contravention of the Misuse of Drugs Act 1977 must be based on the four following criteria:

1. There must be prima facie evidence of the offender’s guilt,

2. The offender must admit the offence,

3. The offender must understand the significance of a caution and,

4. The offender must give an informed consent to being cautioned.

Prima facie evidence may be established by admission by the offender and the investigating member's experience in the recognition of the physical appearance, texture, smell, of controlled substances.

The investigating member must also consider the type, quantity and value of the drug and whether in all the circumstances the offence disclosed amounts to simple possession.

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When completing the Adult Caution Referral Form the investigating member must record the offence for which the caution is being delivered and the substance possessed by the offender.

The Adult Cautioning Scheme can be used as an alternative to bringing a prosecution. It primarily applies to Public Order, minor theft, Criminal Damage and Misuse of Drugs Act offences, when the offender takes responsibility for the offence in question.

However, nothing in the scheme shall interfere with the discretion of a member of An Garda Síochána to prosecute a person for an offence scheduled under the scheme if the member believes that the application of the scheme would not be appropriate.