Jim O'Keeffe (Cork South West, Fine Gael)
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Question 454: To ask the Minister for Justice, Equality and Law Reform if he will provide details of the adult caution scheme and the guidelines for its implementation. [16400/06]

Michael McDowell (Dublin South East, Progressive Democrats)
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I am informed by the Garda authorities that the background to the introduction of the adult cautioning scheme was the report of the Public Prosecution System Study Group published in 1999. In order to reduce the volume of cases being brought before the courts the report recommended that a system whereby offenders would be issued with warnings by the Gardaí instead of being prosecuted be introduced.

Offences deemed appropriate for inclusion in the scheme were arrived at through consultations between the Office of the Director of Public Prosecutions and An 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 persons or property, were deemed appropriate for consideration. Indictable charges of a comparatively 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. Consideration is always given as to whether or not a caution of the person in question is in the public interest.

The scheme operates on a non-statutory basis and under the common law powers of the Garda Síochána.

The details of the scheme and the guidelines for its implementation are outlined in an explanatory document, which is available on the Garda website (www.garda.ie). It is also available to other interested parties including members of the legal profession and the judiciary.