First-time drug offenders may avoid prosecution under new referral scheme

Adults caught with small quantities of drugs for personal use may be referred to health services instead of facing prosecution under a new pilot scheme coming into effect today.

The Health Referral Scheme allows gardaí to direct eligible first-time offenders to a rehabilitation and treatment programme operated by the HSE.

The referral will be available as an alternative to prosecution or an adult caution, although possession of controlled drugs remains a criminal offence under Section 3 of the Misuse of Drugs Act.

To qualify, a person must be aged over 18, have no previous drug conviction or adult caution and admit that the drugs were in their possession for personal use.

They must also be willing to participate in the scheme.

Those who accept a referral will be given information on contacting the HSE and booking an appointment with a SAOR practitioner.

SAOR stands for Support, Ask and Assess, Offer Assistance and Refer.

A person who declines the referral will instead be prosecuted under the relevant drugs legislation.

Garda Commissioner Justin Kelly described the scheme as a positive development which would allow gardaí to direct first-time offenders towards health services.

“The commencement of this scheme allows our members to support harm reduction by directing first-time offenders to the health services,” he said.

“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.”

The pilot programme was developed by the Department of Health and the Department of Justice, Home Affairs and Migration in partnership with the HSE and An Garda Síochána.

It was approved by the Director of Public Prosecutions under Section 10 of the Policing, Security and Community Safety Act 2024.

Only offences committed on or after September 1 will be eligible. Gardaí will decide whether to offer a referral in accordance with the force’s internal policy.