Joan Burton (Dublin West, Labour)
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Question 49: To ask the Minister for Justice, Equality and Law Reform the number of offences listed in the adult cautioning scheme which became operational on 1 February 2006; the method of determining which offences are appropriate for inclusion in the scheme; and if he will make a statement on the matter. [9670/06]

Michael McDowell (Dublin South East, Progressive Democrats)
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I am informed by the Garda authorities that 13 offences listed in the adult cautioning scheme became operational on 1 February 2006.

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 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.

I am also informed that if the public interest requires a prosecution for an offence under consideration, cautioning would in those circumstances not be appropriate.

Schedule of Offences included in the Scheme

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 a direction of a member of An Garda Síochána

Section 9: Wilful obstruction

Section 11: Entering a building etc. with intent to commit an offence

Section 22: Surrender and seizure of intoxicating liquor

Criminal Justice (Theft and Fraud Offences) Act 2001

Section 4: Theft where the value of property concerned is less than €1000

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 (other than assaults on a member of An Garda Síochána)

Criminal Damage Act 1991

Section 2: Damaging property where the value of the property damaged is less than €1000

Section 3: Threat to damage property