Michael McNamara (Clare, Labour)
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712. To ask the Minister for Justice and Equality the number of offenders benefitted from the Probation Act in respect of convictions for possession of cannabis resin, as opposed to possession with intent to supply since 2006; and if he will make a statement on the matter. [27407/13]

Alan Shatter (Dublin South, Fine Gael)
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The Deputy will be aware that, under the provisions of the Courts Service Act 1998, management of the courts is the responsibility of the Courts Service and I have no role in the matter. Section 4(3) of the 1998 Act provides that the Courts Service is independent in the performance of its functions, which includes the provision of statistics.

However, in order to be of assistance to the Deputy, I have had enquiries made and the Courts Service has informed me that statistics are available in respect of the application of the Probation Act in the District Court in relation to possession of drugs but not specifically possession of cannabis/cannabis resin. I should clarify that a conviction is not recorded where the Probation Act is applied in the District Court. Where the court thinks a charge against a person is proved, without proceeding to conviction, it can make an order dismissing the charge or discharging the offender conditionally on his or her entering into a recognisance. The court may order that the recognisance shall contain a condition that the offender be under the supervision of the Probation Service for a specified period (a “probation order”) or a recognisance under the Act may contain such additional conditions as the court may consider necessary for preventing a repetition of the same offence or the commission of other offences.

Work is underway in my Department on draft legislation to replace the Probation of Offenders Act 1907 and to modernise the law relating to community sanctions, such as probation orders, and the role of the Probation Service in the criminal justice system.

The table below sets out the number of defendants in cases for possession of drugs where the Probation Act was applied.

Note: The table includes the application of Probation Orders and dismissals under the Probation Act. Where a defendant received more than one order in a year they are included once.