Michael Healy-Rae (Kerry South, Independent)
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Question 98: To ask the Minister for Justice and Equality if it is true that senior gardaí have issued a directive to their members offering a free pass to persons engaged in petty crime, that is, persons caught for shoplifting, breaking into cars and so on, and that gardaí have been told not to prosecute in such cases despite the fact that they may possess cast iron evidence that a crime has been committed; and his views on this matter in view of the fact that persons deserve to know if such free passes are going to be given to these criminals which will ultimately lead to a breakdown of law and order in our society. [31705/11]

Alan Shatter (Dublin South, Fine Gael)
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There is no question of An Garda Síochána offering a "free pass" to persons engaged in petty crime. If the Deputy is referring to the Garda Adult Cautioning Scheme, I should explain that the Scheme, which was commenced on 1 February, 2006, enables the processing of what is considered to be a minor offence committed by a person, over 18 years of age, with no previous convictions who admits to the offence.

It provides the option of dealing with such an offence, in those circumstances, by the administration of a caution by a senior Garda officer, as an alternative to prosecution in the District Court, where prosecution is not required by the public interest and it is determined that a caution would be an effective response. The list of offences in respect of which a caution may be administered has been drawn up in consultation with the Director of Public Prosecutions. The Scheme is kept under review by An Garda Síochána and the Director of Public Prosecutions. Prior to administering the caution, the public interest is taken into account. The views of the victim are also, if reasonably possible, sought.