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Adult Cautioning Scheme

What is the Adult Cautioning Scheme?
How is a caution decided?
Procedure for adult cautioning
Schedule of offences

What is the Adult Cautioning Scheme?

If you are an adult (aged over 18) and charged with certain criminal offences, you may be given a caution instead of being prosecuted.

The Adult Cautioning Scheme may be available if there is evidence that the person has committed a specific offence and the gardaí believe that prosecuting the offence is not in the public interest.

Adult cautions may not be disclosed in Garda vetting reports or police certificates. However, cautions are disclosed if you are later convicted of an offence.

The scheme can only be used if you are charged with the specific criminal offences listed below.

How is a caution decided?

If you are suspected of committing one of the criminal offences covered by the Scheme, the decision to give a caution (rather than prosecute you) is made by the local Garda Superintendent (or a Garda Inspector who is acting as the local Superintendent). When deciding to make a make a referral or give a caution, the Gardaí must consider:

Your alleged behaviour
The surrounding circumstances
Evidence of your guilt
Your understanding of what a caution is and its significance
The public interest
The views of the victim

What is the public interest?

The decision to give a caution instead of prosecution is a serious decision. The Garda Superintendent must be satisfied that the offence is appropriate for a caution. The Gardaí must also consider whether the caution is in the public interest – does it benefit or harm the public as a whole?

Is the offence listed in the Schedule of Offences

The offence must be included in the schedule of offences for the Scheme. Gardaí must also look at the particular circumstances in which you committed the offence. If the public interest doesn't require a prosecution in those circumstances, then you may be cautioned.

The Gardaí consider the offenders circumstances

Gardaí will consider how suitable you are for the scheme. For example, if the Gardaí believe that you would be deterred from similar behaviour in the future if a caution is given, then it is more likely to be used. Adults without any previous convictions are often considered suitable candidates. If you have a recent history of offending, you are unlikely to be considered suitable for an adult caution.

The Gardaí consider the details of the offence

They must consider specified details of certain offences. For example, if the offence is simple possession of cannabis or cannabis resin contrary to Section 3 of Misuse of Drugs Act 1977, the Gardaí also must consider the type, quantity and value of the drug and whether in all the circumstances the offence amounts to simple possession.

What about the victim?

The Gardaí must get the views of any victim, if possible, before deciding whether to administer a caution. If the victim thinks a caution should not be given, any reasons the victim gives must be carefully considered by the Garda Superintendent before the decision is made.

However, a caution can be given by the Garda Superintendent even if the victim is opposed to it. In such cases, the Gardaí may ask for advice from the Director of Public Prosecutions before making a decision to caution.

Compensation to the victim

If you offer compensation to the victim, the offer may support a decision to give a caution.

However, the decision to caution does not depend on the offer of compensation alone. The Gardaí do not become involved in recommending compensation by the offender to the victim.

Procedure for adult cautioning

Adult Caution Referral form

When a garda believes you may be suitable for a caution, the garda fills out an Adult Caution Referral Form.

As the offender, you are then told by the member in charge of the garda station in plain language about the Adult Cautioning Scheme.

If you understand the adult cautioning procedure and you agree to be considered for the Scheme, you are asked by the garda to sign Part E of the Referral Form. This signature is witnessed by the Gardaí.

The member in charge of the Garda Station sends the Referral Form to the Superintendent with their views and recommendations. The Superintendent then can decide to:

Administer a caution
Refuse a caution

Refer the matter to the Director of Public Prosecutions for direction

You will be told that you can seek legal advice before agreeing or refusing a caution under the Scheme. If the offender wants to get legal advice, they must do so promptly.

Giving the caution

A Garda Superintendent or a Garda Inspector, who is acting as the Superintendent, gives the caution.

You will be cautioned in a Garda station. You must agree in writing that:

You accept the caution, and
You accept that the caution will be recorded and will be made known to a court if you have any subsequent conviction for any criminal offence.

When does the adult caution happen and how long does it last?

The member in charge of the garda station arranges a suitable time and place for the Superintendent to give the caution. When the caution is given, a copy of the completed Adult Caution Referral Form is given to you, the offender.

The entire procedure from detecting the crime to giving the caution is carried out as soon as possible, within days rather than months.

Can I get a second caution?

The idea of the caution is that it should only be applied once to an offender, but it may (only in the most exceptional circumstances) be given to someone who has previously been cautioned.

Examples of exceptional circumstances include:

Where the subsequent offence is a very minor one
Where there has been a long gap in time since the first caution and the Superintendent believes that a second caution after such a time lapse would benefit the person

If a Superintendent decides to give a second or subsequent caution to any person, then the Gardaí must first get the permission of the Director of Public Prosecutions.