The Adult Caution Scheme and the Health Diversion Programme in Ireland

Two routes exist in Ireland for keeping a minor first offence out of the District Court. One is in operation and used thousands of times a year: the Adult Caution Scheme, under which a Garda superintendent cautions you instead of prosecuting. The other, the Health Diversion Programme for simple drug possession, was announced in 2019 and its operation is harder to pin down. This guide explains what a caution is, who can get one, what it leaves on your record, and what is and is not known about health diversion.

What an Adult Caution is

An Adult Caution is a formal warning given by a Garda superintendent, or an inspector acting for one, to an adult who admits a listed minor offence, in place of a prosecution. The scheme has operated since 2006 under an agreement between the Garda Commissioner and the Director of Public Prosecutions (the DPP, see the glossary). It is not a court order and no judge is involved.

The caution is administered at a Garda station. You attend by appointment, the superintendent reads the caution, explains that the offence is admitted and that a further offence may be prosecuted, and you sign a form acknowledging it. The whole thing takes minutes. There is no fine, no bond and no condition to report to anyone afterwards.

The offences on the list

The scheme covers offences the Garda regard as minor where the public interest does not require a prosecution. The offences this site has verified against the Garda's published description are these.

Cannabis was added in December 2020. Possession of any other controlled drug is not on the list, and neither is any form of sale or supply, drink driving, or an offence against a child or a vulnerable person. For what the court can do with the offences on this table, see Public order offences: sections 4, 5, 6, 8 and 9, Section 2 assault and Shoplifting and theft under €1,000.

The conditions

Three things have to be true before a caution can be given.

You admit the offence. A caution is not a way of disposing of a case you deny. If you say you did not do it, the only lawful route is a prosecution and a hearing, where you plead not guilty and the prosecution has to prove the charge.

You consent. The Garda explain the scheme and you agree to be cautioned instead of prosecuted. Nobody can be cautioned against their will, and you can take advice from a solicitor before you decide.

The superintendent decides it is appropriate. The investigating garda sends the file with a recommendation; the superintendent weighs the offence, your previous record, the views of any injured party and the public interest. The scheme is meant for a first offence. A second caution for the same kind of offence is possible only in exceptional circumstances. A caution for shoplifting, for example, takes account of the shop's views and of whether the goods were recovered.

There is no application form. You cannot apply for a caution and the court cannot order one. What you can do, yourself or through a solicitor, is ask the investigating garda whether the file is being considered for the scheme and make the case for it: a first offence, an admission, an apology, compensation where there was loss. Once a summons has been applied for, the decision has usually been made.

Is it a criminal record?

An Adult Caution is not a conviction. It cannot be cited in court as a previous conviction, it does not appear on a certificate of previous convictions, and the Criminal Justice (Spent Convictions and Certain Disclosures) Act 2016 does not need to apply to it because there is nothing to become spent.

It is recorded. The caution goes on the Garda's PULSE system against your name. That matters in two places. First, if you are investigated for another offence, the Garda see the caution when they decide whether to caution you again or prosecute. Second, Garda vetting. Vetting for work with children or vulnerable adults discloses convictions and can also disclose "specified information" where the National Vetting Bureau considers it relevant to the role; an Adult Caution can be disclosed that way. For ordinary employment that does not involve vetting, there is nothing to disclose unless the employer asks about cautions as well as convictions. The detail is in Garda vetting, police certificates and travel.

Travel forms are a separate question. The United States ESTA asks whether you have ever been arrested or convicted for certain offences, and about drug offences regardless of outcome. If you were arrested before the caution, the honest answer to the arrest question may be yes, even though there is no conviction. A drugs conviction: travel, vetting and work goes through each country.

What happens if you are not cautioned

If the superintendent decides against a caution, or you decline it, the Garda prosecute in the ordinary way and a summons or a charge sheet follows. For cannabis, Caught with cannabis: section 3 explains the penalties the Act fixes. The District Court still has its own routes to an outcome without a conviction: a dismissal under section 1(1) of the Probation of Offenders Act 1907, or a poor box donation with the charge struck out, both described in Drug charges: a first offence.

A caution and a Probation Act dismissal are often confused. The caution is a Garda decision before any court; the Probation Act is a judge's decision after a plea of guilty or a finding of guilt. Neither is a conviction; both are recorded by the Garda.

The Health Diversion Programme

In August 2019 the Government announced a Health Diversion Programme for people found in possession of drugs for personal use. The announced design was in three steps: a first simple possession referred to the HSE (see the glossary) for a health screening and a brief intervention rather than a prosecution; a second dealt with by Adult Caution; a third and any later one prosecuted. The cannabis addition to the Adult Caution Scheme in December 2020 was described at the time as a first step towards it.

As at 15 October 2026 this site has not been able to confirm from an official source that the HSE referral stage is in operation nationally, what legal basis it rests on, or how a referral is recorded. The sources this site relies on, the Garda's scheme description and the Acts, describe the Adult Caution as the route for a first cannabis possession and nothing for any other drug. Until that changes, treat the Adult Caution Scheme as the diversion that exists, and a prosecution as the alternative. Any change is tracked on /changes.

If your own drug use is the issue behind the charge, the HSE's drug and alcohol helpline and the services listed on /support do not need a referral from anyone.

Where this leaves you

An Adult Caution is the best available outcome for an adult who admits a minor first offence: no court, no conviction, and a record that only the Garda and, for some roles, the vetting process can see. It depends on an admission, your consent and a superintendent's decision that you cannot force but can inform.

If the case goes to court instead, the legal aid tool shows whether your means and the charge may qualify. If you may qualify for legal aid, ask the judge for it at your first appearance, and read /legal-aid first. If you want advice before deciding whether to accept a caution, /solicitor explains how to find a criminal solicitor in your district and what a consultation involves.