Oireachtas Joint and Select Committees

Thursday, 17 October 2024

Committee on Drugs Use

A Health-Led Approach: Discussion (Resumed)

9:30 am

Mr. Justin Kelly:

If I could add something very quickly, the adult caution is generally given once, but it can be given a second time if the DPP agrees. We frequently write to the DPP to give a person that second chance. That is one point.

On the other point Mr. Boland made about the supply cases prosecuted - the Cathaoirleach can imagine that there are many in the whole year - the reason we also charge them with possession is that it is a direction from the DPP. It is not our decision. The DPP tells us which charges to use and section 3 always goes with the trafficking and supply cases. That has always been the way it has been done. Some of the cases in the statistics could never receive an adult caution. People who are caught with €50,000 worth of cocaine or whatever are charged with possession for supply but also with a simple section 3 possession offence. Obviously, they will not receive an adult caution for that.