People caught with drugs can be referred to health system under new scheme

Michael Bolton

Gardaí can now refer some people caught with small amounts of drugs to the HSE instead of prosecuting them, in a new scheme that comes into effect on Tuesday.

The Health Referral Scheme provides An Garda Síochána with an alternative response to persons over the age of 18 found in possession of a small quantity of controlled drugs for personal use.

Referrals can only be made by An Garda Síochána if it is the offender’s first drug offence.

If a person has a previous conviction for drug use, or has an adult caution, they are not eligible for this scheme.

If a person accepts this referral, they will then contact the Health Service Executive (HSE) and engage in a rehabilitation and treatment programme. If a person does not accept the referral, they will be prosecuted under the relevant drugs legislation.

Possession of controlled drugs under Section 3 of the Misuse of Drugs Act remains a criminal offence.

The offender must admit to possession of a controlled drug for personal use at the time of the offence, and be willing to participate in the Health Referral Scheme.

Garda Commissioner Justin Kelly said:"The Health Referral Scheme is a positive development and An Garda Síochána has been working closely with Government stakeholders to prepare for implementation of this policy.

"The commencement of this scheme allows our members to support harm reduction by directing first-time offenders to the health services. Drug use remains illegal and is a serious danger to the health of all users.

"Having a mechanism to steer those taking drugs towards support services, rather than into the criminal justice system, is a welcome step in tackling the overall issue of drug use in Ireland.”