Ireland: Don’t charge cannabis smokers, DPP tells gardaí

[Nature Boy]

By Cormac O’Keeffe and Mary Regan
CANNABIS users and other small-time offenders could receive a caution rather than a criminal conviction under a radical new scheme.

The Director of Public Prosecutions is understood to have advised the Garda Síochána that it doesn’t have to prosecute all minor offences and could caution offenders instead.

The scheme, full details of which have yet to emerge, has received an initial mixed response from people in drugs-related work.

The initiative, expected to be known as the Adult Cautioning Scheme, is based on the highly successful Juvenile Diversion Programme.

Conditions attached to the scheme include:

Offences must be relatively minor, such as public order offences or personal cannabis use cases.

The offender must immediately accept his or her guilt.

Cautions will be available for first-time offences.

Subsequent offences will result in prosecution, but there may be exceptions.

Offenders must be over 18 years old.

The offences will still be criminal offences under the law and cannabis possession for personal use will not be decriminalised.

Local superintendents will consult with the DPP on the operation of the scheme, which is due to begin early next month.

The formal caution will be put on the individual’s record, but he or she will not have a criminal conviction.

It’s understood that the cautioning scheme will only be available for cannabis possession cases involving a small amount of the drug and not other illegal drugs.

Public order offences such as public drunkenness and urinating in a public place could be included in the scheme. There were more than 50,000 prosecutions for public order offences in 2004.

Garda figures show that over 60% of drug offences relate to cannabis and almost 70% of all drug offences are possession cases.

Gráinne Kenny of Europe Against Drugs (EURAD), which has campaigned strongly against all drugs, gave the scheme a cautious welcome.

“This scheme could be a good thing as long as guards do their job and caution people. If they use this to do sweet all, then this is not a good idea. They will have to show us they are cautioning people.”

She said that while “you were tough on drugs, you were not tough on the user”. She said the Irish scheme was not similar to recent British moves to downgrade cannabis.

Labour Party justice spokesman Joe Costello welcomed the shift away from cannabis.

“Obviously we have to see the details, but if this cautioning scheme is successful it would be useful.”

Schizophrenia Ireland said it was “strongly opposed” to the move and pointed to recent research showing a link between the heavy use of cannabis and an increased chance in developing psychosis or schizophrenia.

Its director, John Saunders, said the move would “send out a signal that it is harmless” and thereby increase its usage.

Eleanor Petrie of the National Parents Council described it as a “dangerous move”, which would make it more difficult to teach young people about the risks associated with the drug.

[Abrad]

Seems to be a step in the right direction.

[Abrad]

Just heard on the news that they have decided not to go ahead with this.

[Nature Boy]

Originally Posted by abrad84

Just heard on the news that they have decided not to go ahead with this.

Can you get a source on that?

[Abrad]

Daily Mirror 25/1/06
Drug Laws: No Change
There will bw no change in the law over possesion of cannabis, Justice Minister Michael McDowell said yesterday.
But he did concede it "may make sense" to issue people with cautions rather than take them to court.
The DPP has proposed first-time offenders be cautioned if they admit their guilt, and if they possess a small amount of cannabis.
After meeting Garda Commissioner Noel Conroy Mr McDowell said the law would remain the same.
He added: "There is no question of the Gardai depriving themselves or thye DPP of a discretion to prosecute for these offences.