Adult caution

District Court just means there has to be a hearing (unless you plead guilty).

As cases in the District Court are taken by Gardaí themselves rather than the DPP (as is the case in other courts) it is quite common to see cases come before the District Court which come nowhere close to the burden of proof. You regularly see District Court stuff quashed on appeal, or just struck out by the Judge because the evidence isn't high enough.

It would appear that in at least some of these cases the Gardaí themselves know they probably can't get a conviction in court based on what evidence they have, so instead decide to offer a Caution in the hope the accused person will just take it. That basically results in a win for them as they get to claim the crime was solved/resolved, and a "win" for the accused as they don't have a conviction or the expenses associated with going to court.

If a person is offered a Caution and denies the charge or doesn't believe there is enough evidence then it is worth their while going to court. On the first day they can apply for disclosure to see what evidence the Gardaí have. Then their solicitor can review that evidence and advise the client. The solicitor could well tell them to take the caution based on what they see, or they could tell them they've a good chance of winning in court in which case it'll go to a hearing.

It's obviously up to the defendant. But IMO if the defendant believes the evidence is flimsy it is worth going that route, The only downside is they'd have to pay for the solicitor to do the review.

I think that is pretty comprehensive. However the offer of the adult caution may not remain on the table indefinitely, and there is no guarantee that the prosecuting garda will withdraw the matter at the last minute in favour of a caution if you so decide.

Also, it is a general requirement of the adult caution scheme that the alleged wrongdoing is admitted by the individual to receive the caution.

They convict on that basis all the time.

And some gardai will skew the information because it's what they "think" especially if you don't have a solicitor.

After a personal experience of incompetent/corrupt gardai (he's currently suspended) I'd always check with people as to what a particular Garda is like.

Another Garda can be quite forthcoming in information.

What part are you saying is incorrect?

I suppose if you are that certain of the outcome and the Garda isn't backing down, you need to go to court.

While I agree that in most crimes a prosecution is not brought by the DPP unless they are very sure of securing a conviction, it is worth nothing that in minor stuff sometimes the Gardaí bring a case which, had the DPP reviewed it, would never get near a courtroom.

Hence why a person should ALWAYS seek the advice of a solicitor with expertise in criminal law.