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Cannabis excluded from new caution scheme
RTE News | 1/24/06

It has emerged tonight that a proposal that first time cannabis users might face a caution rather than a criminal conviction has been removed from an upcoming scheme.

It had been proposed that the Adult Cautioning Scheme would include a provision for senior gardaí to administer such a caution at their discretion for the possession of cannabis for personal use.

The caution would have been recorded on the Garda pulse system, but there would have been no criminal conviction.

But tonight, gardaí said that pending further discussions between them and the DPP and the Justice Minister, the section relating to cannabis has been removed from the upcoming scheme.

The Adult Cautioning Scheme which becomes effective on 1 February, senior gardaí will have a discretionary power to issue a formal caution for certain offences like being drunk and disorderly or the theft of small amounts of property.

The caution will only apply to first time offenders who admit the offence.

It is believed the cautioning scheme was put forward as a means of saving taxpayers' money and allow gardaí and the courts to deal with more serious offences.

No question of cannabis cautions: McDowell

Earlier, the Minister for Justice, Michael McDowell, said there is no question of a change in the law under the scheme to deal with cannabis smokers.

The Director of Public Prosecutions had proposed that gardaí issue such cautions.

Speaking after a meeting with the Garda Commissioner, Noel Conroy, Mr McDowell said possession of cannabis will continue to be a criminal offence but gardaí will decide which cases to prosecute.

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