14,000 avoid court with Garda cautions

MORE than 14,000 people accused of a crime have been cautioned rather than prosecuted under a novel Garda scheme.

The number of people diverted from the courts as a result has more than doubled since the initiative was introduced in 2006.

The success of the scheme has led to calls from a government-appointed expert committee for an expansion of the programme.

New figures show that 14,300 cases were dealt under the Garda Adult Cautioning Scheme, since it was set up in February 2006. The scheme applies to adults against whom there is evidence of a criminal offence. It is a diversionary programme, aimed at directing people away from the criminal justice system and a possible criminal conviction.

It typically applies in relation to what are considered less serious crimes, such as public order offences, drunkenness, criminal damage and minor assault.

Garda figures show that 2,771 offences were dealt with under the scheme in 2006. This nearly doubled the following year to 5,292 and reached 6,246 in 2008.

A breakdown of the data per offence shows:

* 4,484 public order offences in 2008, compared to 3,485 in 2007 and 1,678 in 2006

* 1,028 cases of drunk and disorderly in 2008, compared to 952 in 2007 and 622 in 2006

* 472 cases of criminal damage (including arson), compared to 538 in 2007 and 272 in 2006

* 262 minor assault offences in 2008, compared to 317 in 2007 and 199 in 2006

Adults can be cautioned in situations where a prosecution is not considered by gardaí to be in the public interest. But if the accused has had a recent conviction or previous convictions he or she may be deemed unsuitable for the scheme.

The person has to admit the offence and must understand the significance of the caution and consent to it.

Before an offender is included in the scheme the views of the victim, if there is one identified, has to be sought. However, a caution may be considered suitable, even if the victim is opposed to it.

The National Commission on Restorative Justice, published last month, recommended that greater use should be made of the scheme and urged the Garda Síochána to progress the matter.