1.1 Fair and effective prosecution is essential to a properly functioning criminal justice system and to the maintenance of law and order. The individuals involved in a crime - the victim, the accused, and the witnesses - as well as society as a whole have an interest in the decision whether to prosecute and for what offence, and in the outcome of the prosecution.
1.2 Every case is unique and must be considered on its own merits. For this reason there is no simple formula which can be applied to give a simple answer to the questions the prosecutor has to face. But there are general principles which should underlie the approach to prosecution, even though the individual facts of each case will require the prosecutor to use judgment and discretion in their application.
1.3 The aim of these Guidelines for Prosecutors is to set out in general terms principles which should guide the initiation and conduct of prosecutions in Ireland. They are not intended to override any more specific directions which may exist in relation to any particular matter. They are intended to give general guidance to prosecutors on the factors to be taken into account at the different stages of a prosecution, so that a fair, reasoned and consistent policy underlies the prosecution process.
1.4 The Guidelines are not intended to and do not lay down any rule of law. Rules of law are made by the Oireachtas and the courts. To the extent that there are existing rules of law which govern prosecution policy, the Guidelines are intended to reflect those rules. The Guidelines are not issued pursuant to any statutory duty or power.
1.5 In the Guidelines the term 'prosecutor' is used to mean all or any of the following, depending on the context in which the word is used: the Director and his professional officers, both in the Directing and Solicitors Division of his Office; the local State Solicitors who provide a solicitor service in the areas outside Dublin; counsel who act for the Director on a case by case basis; and members of the Garda Síochána prosecuting on the Director's behalf. Solicitors and barristers are subject to the professional standards of their respective professions, and the Guidelines are not intended to, nor could they, substitute for or detract from those standards. Insofar as they apply to prosecutors who act for, though are not employed by the Director, they are intended to set out the standards and conduct which the Director expects of those who act on his behalf.
1.6 The application of the principles set out in the Guidelines does not and cannot bind the Director to follow any particular course in any individual case and does not fetter the Director of Public Prosecutions, his officers, agents or counsel in the proper exercise of any discretion conferred on any of them to consider any particular case or set of circumstances on its own merits.
1.7 The Guidelines do not purport to deal with all questions which can arise in the prosecution process nor with every aspect of the role of the prosecutor in their determination. The Guidelines are intended as a working document which will require, in the light of circumstances, to be adjusted or elaborated. Accordingly, they will be kept under review and revised from time to time. The Guidelines are intended to operate from the date of their publication. They do not necessarily reflect policies which operated at any prior date.