13.1 The great majority of cases dealt with in the District Court are commenced by the Garda Síochána without express reference to the Director. Chapter 7 sets out the circumstances in which the Garda Síochána should seek a direction from the Office of the Director before preferring charges in indictable cases or cases likely to be heard on indictment. The Garda Síochána are authorised to commence summary proceedings in the Director's name in cases other than those in which the Commissioner of An Garda Síochána or the Director has issued detailed instructions, directions or advices not to do so or to do so only after seeking a direction from the Office of the Director of Public Prosecutions.
13.2 Where the Director has issued either particular or general advices to the Garda Síochána or directions under section 8 of the Garda Síochána Act 2005 the Garda Síochána must comply with those advices or directions. These Guidelines are additional to any such advices and directions which are not intended to be superseded by the Guidelines.
13.3 The Garda Síochána are in any case free to seek the specific directions of the Director even in a case of a summary nature where they have been authorised to prosecute in his name without a specific direction.
13.4 The Garda Síochána in deciding whether to prosecute in the Director's name and in presenting cases in court on the Director's behalf are expected to comply with the duties of prosecutors set out in these Guidelines.
13.5 The statutory time limit for the commencement of summary proceedings in most cases is six months although longer statutory time limits are provided for in some cases.
13.6 Apart from deciding on the appropriate charge or charges it is also necessary, other than in relation to purely summary offences or offences which may be tried only on indictment, for the prosecutor to consider whether the prosecution should take place in the District Court or on indictment. Three possible types of case can arise:
13.7 However, a category of grave offences, including murder and rape offences, can be dealt with only in the Central Criminal Court.
13.8 Summary trial is intended to provide the speediest disposition of justice. Prosecutors should have regard to the effect of any delay likely to arise from the choice of venue, any advantages (including deterrence) of a speedier resolution and whether delay would have a serious adverse effect on the victim of the offence or a witness. However, speed of disposal should only be one factor and the prosecutor should also have regard to the nature of the case and whether the circumstances make the alleged offence one of a serious character unfit to be dealt with summarily.
13.9 In deciding whether to elect for or consent to summary disposal, whether on a plea of guilty or otherwise, the main factor to be taken into account is whether the sentencing options open to the District Court would be adequate to deal with the alleged conduct complained of having regard to all the circumstances of the case and in particular the seriousness of the offence. In this regard the Director has in relation to certain types of offences given to members of the Garda Síochána and other investigation agencies a general consent or election to have such offences dealt with in the District Court without the necessity of first contacting his Office or submitting a completed investigation file. Examples of cases falling into this category are burglary in an unoccupied dwelling house or possession of controlled drugs for personal use. Even in those types of cases however, the Garda Síochána should seek directions where the particular facts of the case, such as the multiplicity of such offences or the previous record of an accused or other aggravating circumstances, might suggest that the sentencing options available in the District Court would be inadequate.