Health Referral Scheme

The Health Referral Scheme gives eligible people found in possession of drugs for personal use the opportunity to engage with health services instead of facing an immediate criminal justice response. Its aim is to support people through a health-based response rather than the criminal justice system, where appropriate.

The scheme is being introduced as part of a wider Government commitment to reduce drug-related harm, support people to access help at an earlier stage, and ensure that enforcement remains focused on those involved in the sale, supply and exploitation linked to illegal drugs.

In order to safeguard the interests of society and of the offender and to ensure a consistency of approach by An Garda Síochána, the following conditions must be met before a health referral can be offered:

Person found in possession must be over the age of 18 years.
It must be a first-time drug offence.
Garda member must have a basis for suspecting that the substance seized is a controlled drug.
Person must admit possession of what they believe to be a controlled drug, at the time.
Circumstances must lead Garda member to believe that it is not in the public interest for a prosecution to proceed and that person found in possession will benefit from a health referral.
Person must express a willingness to participate in the scheme.
Personnel of An Garda Síochána and the Irish Defence Forces are not eligible for disposal of offences under the Health Referral Scheme.

The decision of a health referral instead of prosecution is a serious decision and it must be clear that it is in the public interest to refer the offender to the Health Referral Scheme. In the context of this scheme the following matters are relevant to the consideration of the public interest:

The benefit to society in dealing with drug addiction in a health setting as opposed to the criminal courts system
The level of seriousness of drug offending and the impact on society generally
The value of the drugs
Recognition of the value of treating addiction as a health issue and offering treatment as an alternative to criminal prosecution
The necessity to deter future offending

For more details, please review our Health Referral Scheme FAQ.

The Offence

The scheme applies to first time offences under Section 3 of the Misuse of Drugs Act. This includes circumstances where a person is charged with other minor offences or has previous convictions for other non-drugs related offences. If the public interest does not require a prosecution for the Section 3 offence, a health referral may then be appropriate. There may be circumstances where the context of the overall offending means that a referral to the scheme will not be appropriate or in the public interest.

Please note, possession of controlled drugs under Section 3 of the Misuse of Drugs Act 1977 remains a criminal offence.

The Offender

In order to be deemed suitable for a referral, the offender must indicate an acceptance that they believe the substance they are in possession of is a controlled drug. They must also indicate a willingness to participate in the scheme.

Where the offender wishes to seek legal advice in relation to whether they should accept the scheme offer, it must be obtained promptly and within statutory time limits to allow for prosecution of the offence.

Where the offender has a recent conviction or more than one conviction, this would point to the person being unsuitable for a health referral. However, the circumstances of each case will be looked at to see if a health referral is appropriate.

Delivering the Health Referral Scheme

A Superintendent or an Inspector acting on their behalf shall decide on the health referral. Where a decision is made not to offer a health referral, the rationale for this must be clearly recorded by the decision maker and should be communicated to the person.

Where a decision to offer a referral is made, the person receiving the referral must be informed of the benefit of having the offence dealt with through health referral and the process for acceptance onto the scheme.

Details on how to make a self-referral for a health referral intervention shall be given to the person found in possession. They shall be informed that it is their personal responsibility to make an appointment.