How do they decide if you get a caution or get charged?

Conor84

I got arrested a few days ago. I was drunk and made an eejit of myself and spent the night in the cell - fair enough. I got charged anyway and have court in a couple of weeks.

I know someone who was arrested for something similar and he got a caution and had to go in to see an Inspector but didn't have to go to court and am just wondering why I didn't get the same?

I got a juvenile caution when I was 17 - 10 years ago now but nothing else since apart from 2 motoring fines.

Is it up to the Garda who arrests you whether to go with a caution or to charge you or are there definite rules?

Thanks

Reloc8

Its a non-statutory scheme operated by the gardai in conjunction with the DPP.

There are rules - I just can't work out to attach the pdf to this post.

Google 'Adult Caution Scheme Ireland'. There's a link to the pdf on the garda.ie website.

CIARAN_BOYLE

Reloc8 wrote: »

Its a non-statutory scheme operated by the gardai.

There are rules - I just can't work out to attach the pdf to this post.

This it?

audidiesel

to summarise....

if you have a previous conviction, you are not eligable.

if you refuse the caution, you are not eligable.

if the guard thinks the offence is serious enough, you are not eligable.


for you to have been kept overnight in the cell, im guessing you were quite drunk. for them not to have given an adult caution, its likely you were abusive/aggressive. (im just guessing here).

essentially, the guard is not obliged to give you the adult caution. they are recommended in many cases. but if the guard feels that you were too bad for the adult caution, you get the charge sheet.

depending on where you are from and who your district court judge is, your likely to just get the probation act (the courts version of an adult caution).

of course all this depends on what you actually did on the night, acting the eejit is a pretty vague description.

Conor84

Thanks for the info. Think I know how it works now.

Yeah I was drunk and got into a row with another lad. When the guards came they separated us but I continued shouting at him and said some things I shouldn't have. I then had a go at the Guard and told him not to arrest me. All stupid I know.

Just looked at the charge sheets again and the charges are;

Section 4 - 'intoxicated to such an extent as would give rise to a reasonable apprehension that he might endager himself or any other person in his vicinity'

Section 6 - 'threatening, abusive insulting words or behaviour'

Section 19 - 'wilfully obstructs a peace officer in the execution of his duty'

I feel stupid about it all now. Maybe it was too much for a caution or would it have been the fact that I had the motoring conviction that ruled me out?

source

Conor84 wrote: »

Thanks for the info. Think I know how it works now.

Yeah I was drunk and got into a row with another lad. When the guards came they separated us but I continued shouting at him and said some things I shouldn't have. I then had a go at the Guard and told him not to arrest me. All stupid I know.

Just looked at the charge sheets again and the charges are;

Section 4 - 'intoxicated to such an extent as would give rise to a reasonable apprehension that he might endager himself or any other person in his vicinity'

Section 6 - 'threatening, abusive insulting words or behaviour'

Section 19 - 'wilfully obstructs a peace officer in the execution of his duty'

I feel stupid about it all now. Maybe it was too much for a caution or would it have been the fact that I had the motoring conviction that ruled me out?

Section 19 isn't a scheduled offence under the adult caution scheme, so there's your answer. Because you are being accused of obstruction you don't qualify for the caution.

Zambia

And you failed the attitude test in spades . . .