The decision to prosecute or not to prosecute is very important. Someone who is prosecuted and later found not guilty can suffer great damage. But a decision not to prosecute can cause great stress and upset to a victim. So the DPP must carefully consider whether or not to prosecute.

The DPP is independent when carrying out his job. This means that the Government or the Gardaí can neither make the DPP prosecute a particular case nor stop him doing so.

1. How does the DPP reach a decision to prosecute?

2. Why might the DPP decide not to prosecute a case?

3. How long does it take the DPP to reach a decision?

4. Does the DPP prosecute cases on behalf of crime victims?

5. Does the DPP give reasons for his decisions?

6. Can a decision made by the DPP be changed?

7. Can a crime victim meet with a member of staff of the DPP’s office to discuss a particular decision?

8. Can I get information from a prosecution file by making an application under the Freedom of Information Act, 1997?

1. How does the DPP reach a decision to prosecute?

   When the Gardaí complete their investigation, they send a file to the DPP. The prosecutor must read the file carefully and decide whether there is enough evidence to put before the court.  The judge or jury has to be convinced beyond a reasonable doubt that a person is guilty. It is not enough for them to think that the accused is probably guilty.

   For this reason it can be helpful to know if there is independent evidence that supports the victim’s story.  This could be a statement from a witness or evidence such as fingerprints or bloodstains which can provide DNA. Independent evidence makes a stronger case than a case based on one person’s word against another's.

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2. Why might the DPP decide not to prosecute a case?

   Lack of evidence is the most common reason for decisions not to prosecute. If there is not enough evidence for the court to be sure beyond a reasonable doubt that a person is guilty, the prosecution will not succeed.  It is not enough that the court may believe the victim's story. It has to be convinced beyond a reasonable doubt.

   In a small number of cases, even though the evidence may be strong, the DPP may decide not to prosecute for other reasons. For example:

   • where the offender is under 18 years of age and the case could be dealt with under the Juvenile Diversion Programme;
   • where an adult is cautioned under the Adult Caution Scheme for minor offences rather than prosecuted; or
   • where, in the public interest, it is better not to prosecute, for example if the offender is seriously ill.

   Our publication Guidelines for Prosecutors has more detail about how the DPP makes a decision to prosecute. You may request a copy of this publication by contacting our office, or click on this link >> Guidelines for Prosecutors to view the publication on this website

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3. How long does it take the DPP to reach a decision?

   Each case is different and has to be thought about carefully. If a case is straightforward, the DPP will generally make a decision within two weeks.  Other cases may take longer because:

   • they are more complicated;
   • there is a lot of evidence to think about;
   • there is more than one accused person; or
   • the DPP needs more information before making a decision.
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4. Does the DPP prosecute cases on behalf of crime victims?

   The DPP prosecutes cases on behalf of the people of Ireland, not on behalf of any one individual. For this reason, the views and interests of the victim cannot be the only consideration when deciding whether or not to prosecute.

   However, the DPP will always take into account the consequences for the victim of the decision to prosecute or not.  The DPP will also consider the views of the victim or the victim’s family.

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5. Does the DPP give reasons for his decisions?

   In most cases when the DPP decides not to prosecute he will tell the Garda Síochána, or other investigating agency, the reasons for his decision.  These reasons are kept confidential.  The DPP does not give reasons for his decisions to anyone else.  This policy has been supported in recent years by a number of High Court and Supreme Court decisions.

   However, the DPP introduced a pilot scheme on 22 October 2008 under which he will give reasons for his decision not prosecute in some cases where someone has died as a result of an alleged crime.  He will give a reason for his decision in these cases only if:

   • the crime was committed on or after 22 October 2008; and
   • a member of the family or household of the victim, or their lawyer, doctor or social worker requests the reason; and
   • the DPP can give a reason without creating an injustice to someone else, for example by taking their good name.

   The cases where reasons may be given include:

   • murder
   • manslaughter
   • deaths in the workplace
   • fatal road traffic incidents

   You will find more information about the policy on giving reasons for decisions on this website - click here for Reasons Project.

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6. Can a decision made by the DPP be changed?

   Certain people may ask the DPP to review a decision he has made. These include:

   • a victim of a crime;
   • a family member of a victim of a crime;
   • an accused person; or
   • a family member of an accused person.

   Doctors, lawyers and social workers can also ask the DPP to review a decision for their clients. 

   If the DPP changes his decision, it is usually because new evidence has come to light.

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7. Can a crime victim meet with a member of staff of the DPP’s office to discuss a particular decision?

   No. The staff of the DPP’s office do not meet crime victims to discuss decisions. However, crime victims may write to the DPP’s office about particular decisions.

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8. Can I get information from a prosecution file by making an application under the Freedom of Information Act, 1997?

   No. Under section 46(1)(b) of the Freedom of Information Act, 1997, only records concerning the general administration of the Office of the DPP can be made public. This means you cannot get information from files relating to individual criminal cases.

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