7 Statistics

Explanatory Note in Relation to Statistics

7.1 The statistics outlined in this report have been compiled from data taken from our IT systems which are primarily used as a case tracking system and were not designed for the principal purpose of generating statistics. The systems are subject to ongoing development in order to enhance the quality of the data produced.

7.2 This chapter is broken down into three distinct sections:

7.3 All the yearly demarcations in the statistical tables refer to the year the file was received in the Office. The reason for going back so far in charts 7 to 11 is to take account of the time difference between a direction being made and a trial verdict being recorded. If statistics were to be provided in respect of 2004 case outcomes, a large proportion of the cases would still be classified as 'for hearing'.

7.4 In this report we have attempted in most instances to include updated versions of the data set out in the Annual Report 2004 in order to give a fuller account of the progress made since that data was previously published. Because of the continuous change in the status of data at any given time, e.g. files 'under consideration' or cases 'for hearing', information given in this report will differ from that for the same year in last year's report. In addition, data from two years may not be strictly comparable because as time goes on more cases are completed so that information from earlier years is necessarily more complete than that from later years. Unless otherwise stated, data included in these statistics was updated as of May 2006.

7.5 Caution should be exercised when considering these statistics in light of statistics published by other organisations such as the Courts Service or the Garda Síochána. The statistics published here are based on our own classification and categorisation systems and may in some cases not be in line with the classification systems of other organisations.

Chart 1 shows the total number of files received by the Office of the Director of Public Prosecutions from 1976 to 2005.

The vast majority of files received in the Office relate to the investigation of crime. The remainder deal with general queries, matters for judicial review or requests for legal advice from the Garda Síochána or local state solicitors. The caseload has increased generally on a year on year basis since the establishment of the Office both in terms of number of files received and in the complexity of the issues that have to be addressed.

The significant drop of over 1,000 files from 2000 to 2001 was the result of a change in administrative arrangements authorising the prosecution of certain offences by the Garda Síochána without the necessity for the prior submission of files to this Office for directions. The sharp increase in figures from 2001 to 2002 is due to the transfer of the Criminal Division of the Chief State Solicitor's Office to the Office of the Director of Public Prosecutions in December 2001 to form the Solicitors Division of the Office.

Chart 1 TOTAL FILES RECEIVED

Year

Files

Year

Files

1976

2298

1991

4255

1977

2542

1992

4880

1978

2715

1993

5356

1979

2698

1994

6393

1980

2806

1995

6674

1981

3249

1996

6687

1982

3738

1997

6915

1983

4309

1998

7066

1984

4759

1999

7321

1985

4335

2000

7815

1986

4263

2001

6821

1987

3902

2002

14586

1988

3829

2003

14696

1989

3724

2004

14615

1990

3849

2005

14475

The Solicitors Division of the Office of the Director of Public Prosecutions provides a solicitor service to the Director and acts on his behalf. The division also deals with cases which do not require to be referred to the Directing Division for direction.

Chart 2 represents the number of cases dealt with solely by the Solicitors Division and includes District Court prosecution files, appeals from the District Court to the Circuit Court and High Court Bail applications. The figure for District Court Appeals represents the number of files held, not the number of individual charges appealed. One defendant may have a multiplicity of charges under appeal.

The Solicitors Division also deals with judicial review applications. While some of these applications are dealt with solely by the Solicitors Division, others require to be forwarded to the Directing Division for direction. However, because the dedicated Judicial Review Section is based in the Solicitors Division the total number of judicial review applications dealt with are included in this chart. Those applications which required a direction are also included in the figures for the Directing Division (Chart 3) under the category 'other legal files'. Judicial reviews may be taken by the Director or be taken against him.

Chart 2 FILES DEALT WITH BY SOLICITORS
 

2005

%

2004

%

2003

%

Division District Court Prosecution Files

2357

37%

1820

25%

2422

34%

Appeals from District Court to Circuit Court

1830

29%

3117

43%

2333

33%

High Court Bail Applications

1727

27%

1958

27%

2002

28%

Judicial Review Applications

273

6%

299

4%

279

4%

TOTAL

6287

100%

7194

100%

7036

100%

Chart 3 compares the number of files received in the Directing Division to the number of suspects who are the subject of these files. Many files relate to more than one suspect and to treat such a file as a single case can give a misleading impression of the workload of the Office. It is important, therefore, to look at the total number of suspects as well as the total number of files.

NOTE: There are also a number of files received in the Directing Division each year not relating to prosecutions. These include requests for legal advice from the Garda Síochána and local state solicitors, and judicial review applications received from the Solicitors Division for direction. These files are outlined in the chart as 'other legal files'.

Chart 3 BREAKDOWN OF FILES RECEIVED IN DIRECTING DIVISION
 

2005

2004

2003

Number of prosecution files received in Directing Division

7499

6711

7010

Number of suspects who are the subject of prosecution files

9967

9487

9703

Number of other legal files received not relating to prosecutions

689

710

650

The following chart shows a breakdown of the disposal of files received in the Directing Division in 2003, 2004 and 2005 (as of May 2006). The Garda Síochána and specialised investigating agencies submit files either directly to our Solicitors Division or to the local state solicitor for a direction whether or not to prosecute. Depending on the seriousness of the offence and the evidence disclosed in the file, a decision will be taken as follows:

No Prosecution: A decision not to prosecute is made. The most common reason not to prosecute is because the evidence contained in the file is not sufficient to support a prosecution. The figures however, list all decisions not to prosecute.

Prosecute on Indictment: It is decided to prosecute in the Circuit, Central or Special Criminal Courts.

Summary Disposal: The offence is to be prosecuted in the District Court.

Under Consideration: Files in which a decision has not been made. This figure includes those files in which further information or investigation was required before a decision could be made. Further information is sought more often than not to strengthen the case rather than because of any deficiency in the investigation.

NOTE: The figures for 2003 and 2004 have been updated since the publication of previous Annual Reports. The reduction in the files 'Under Consideration' figures compared with those given in previous years reflect developments on those files since then. 'Prosecutions on Indictment' include those cases in which defendants elected for trial and cases where the judge of the District Court refused jurisdiction, notwithstanding the fact that the Director initially elected for summary disposal.

Chart 4 DISPOSAL OF DIRECTING DIVISION FILES BY NUMBER OF SUSPECTS SUBJECT OF FILES RECEIVED

Direction Made

2005

%

2004

%

2003

%

No Prosecution Directed

3711

37%

3938

42%

3841

40%

Prosecution on Indictment Directed

2891

29%

2770

29%

2925

30%

Summary Disposal Directed

2981

30%

2531

27%

2769

29%

TOTAL OF FILES DISPOSED

9583

96%

9239

97%

9535

98%

Under Consideration

384

4%

248

3%

168

2%

TOTAL

9967

100%

9487

100%

9703

100%

A decision may be made not to prosecute in relation to a particular file for a variety of reasons other than the main reasons set out in this chart (referred to as 'other' below). Delay, the death or disappearance of the suspect, the death or disappearance of the complainant or the refusal of a complainant to give evidence are some examples.

Chart 4a BREAKDOWN OF MAIN REASONS FOR A DIRECTION NOT TO PROSECUTE

Main Reasons for no Prosecution

2005

%

2004

%

2003

%

Insufficient Evidence

2773

75%

2882

73%

2906

76%

Juvenile Diversion Programme

199

5%

224

6%

157

4%

Public Interest

192

5%

175

4%

198

5%

Sympathetic Grounds

72

2%

50

1%

54

1%

Time Limit Expired

192

5%

266

7%

287

7%

Other

283

8%

341

9%

239

6%

TOTAL

3711

100%

3938

100%

3841

100%

Chart 4b is a breakdown of directions to prosecute on indictment, by the county in which the offence was committed. It includes cases directed to be heard in the Circuit Criminal, Central Criminal and Special Criminal Courts. Please note that a number of cases for 2005 are still 'Under Consideration' (see Chart 4). It is not possible to determine how many of these cases may eventually result in a direction to prosecute on indictment.

Chart 4b BREAKDOWN OF NUMBER OF PROSECUTIONS ON INDICTMENT DIRECTED PER COUNTY OF OFFENCE

County

Population*

2005

2004

2003

2002

2001

Cases Per 1,000 Persons

3-year Rolling Averages

2005

2004

2003

2002

2001

2003-2005

2002-2004

2001-2003

Carlow

46,014

40

22

23

29

17

0.87

0.48

0.50

0.63

0.37

0.62

0.54

0.50

Cavan

56,546

28

29

31

45

26

0.50

0.51

0.55

0.80

0.46

0.52

0.62

0.60

Clare

103,277

69

62

68

51

28

0.67

0.60

0.66

0.49

0.27

0.64

0.58

0.47

Cork

447,829

308

248

303

295

275

0.69

0.55

0.68

0.66

0.61

0.64

0.63

0.65

Donegal

137,575

45

40

66

42

38

0.33

0.29

0.48

0.31

0.28

0.37

0.36

0.35

Dublin

1,122,821

1500

1419

1490

1525

1417

1.34

1.26

1.33

1.36

1.26

1.31

1.32

1.32

Galway

209,077

54

85

49

47

61

0.26

0.41

0.23

0.22

0.29

0.30

0.29

0.25

Kerry

132,527

58

58

69

45

42

0.44

0.44

0.52

0.34

0.32

0.47

0.43

0.39

Kildare

163,944

109

139

97

123

92

0.66

0.85

0.59

0.75

0.56

0.70

0.73

0.63

Kilkenny

80,339

30

56

26

22

41

0.37

0.70

0.32

0.27

0.51

0.46

0.43

0.37

Laois

58,774

25

33

20

30

17

0.43

0.56

0.34

0.51

0.29

0.44

0.47

0.38

Leitrim

25,799

13

4

18

2

4

0.50

0.16

0.70

0.08

0.16

0.45

0.31

0.31

Limerick

175,304

128

85

108

83

89

0.73

0.48

0.62

0.47

0.51

0.61

0.52

0.53

Longford

31,068

9

11

16

16

8

0.29

0.35

0.51

0.51

0.26

0.39

0.46

0.43

Louth

101,821

36

73

79

96

71

0.35

0.72

0.78

0.94

0.70

0.62

0.81

0.81

Mayo

117,446

46

52

27

29

18

0.39

0.44

0.23

0.25

0.15

0.35

0.31

0.21

Meath

134,005

60

49

55

48

54

0.45

0.37

0.41

0.36

0.40

0.41

0.38

0.39

Monaghan

52,593

40

22

30

40

40

0.76

0.42

0.57

0.76

0.76

0.58

0.58

0.70

Offaly

63,663

20

19

30

11

31

0.31

0.30

0.47

0.17

0.49

0.36

0.31

0.38

Roscommon

53,774

15

23

25

13

19

0.28

0.43

0.46

0.24

0.35

0.39

0.38

0.35

Sligo

58,200

45

40

41

19

45

0.77

0.69

0.70

0.33

0.77

0.72

0.57

0.60

Tipperary

140,131

55

46

49

49

43

0.39

0.33

0.35

0.35

0.31

0.36

0.34

0.34

Waterford

101,546

60

64

96

72

52

0.59

0.63

0.95

0.71

0.51

0.72

0.76

0.72

Westmeath

71,858

39

25

42

35

48

0.54

0.35

0.58

0.49

0.67

0.49

0.47

0.58

Wexford

116,596

38

41

49

34

54

0.33

0.35

0.42

0.29

0.46

0.37

0.35

0.39

Wicklow

114,676

21

25

18

22

20

0.18

0.22

0.16

0.19

0.17

0.19

0.19

0.17

Total  

2891

2770

2925

2823

2650

               

* 2002 Census Figures

Chart 5 shows the time between the receipt of a completed prosecution file in the Office and the issuing of a direction as to whether a prosecution of a suspect should be taken or not. It has been decided to show this information by suspect rather than by file since in the case of files containing multiple suspects, decisions in respect of all suspects may not be made at the same time.

Files vary in size and complexity. Also, in some cases, further information or investigation was required before a decision could be made. Further information may be sought to enhance the proofs in a case and does not necessarily imply any deficiency in the investigation.

The time taken to issue directions is calculated on the basis of only those files which have been disposed of. Files still under consideration are therefore shown as a separate category in the table below.

Chart 5 TIME TAKEN TO ISSUE DIRECTIONS

Time Taken

2005

%

2004

%

2003

%

Zero - Two Weeks

4684

47%

4081

43%

3904

40%

Two - Four Weeks

1438

14%

1223

13%

1258

13%

Four Weeks - Three Months

2249

23%

2234

24%

2332

24%

Three Months - Six Months

905

9%

960

10%

1159

12%

Six Months - Twelve Months

283

3%

508

5%

640

7%

More than Twelve Months

24

0%

233

2%

242

2%

TOTAL FILES DISPOSED

9583

96%

9239

97%

9535

98%

Under Consideration

384

4%

248

3%

168

2%

TOTAL

9967

100%

9487

100%

9703

100%

Section 2 of the Criminal Justice Act, 1993 provides that the Director of Public Prosecutions may apply to the Court of Criminal Appeal to have a sentence imposed by the trial court reviewed, if it appears that the sentence imposed was in law unduly lenient.

Chart 6 below details the number of applications made since the introduction of the Act.

In Annual Reports prior to 2004 the results of applications made were set out according to the year in which they were lodged. However not all applications lodged in the year for which the Annual Report was reporting were heard by the date of publication of the Annual Report and the results for such applications were listed as pending. It was therefore decided, from the year 2003 onwards, to set out the results of applications according to the year in which they were heard.

Chart 6a below outlines the results of applications, from the years 1994 to 2002, by the year in which the application was lodged (as appeared in previous Annual Reports).

Chart 6b outlines the results of applications, from the year 2003 onwards, by the year in which the application was heard.

Chart 6 APPLICATIONS FOR REVIEW OF SENTENCE ON GROUNDS OF UNDUE LENIENCY

Year of Application

Number of Applications Lodged

1994

2

1995

2

1996

3

1997

4

1998

12

1999

34

2000

31

2001

23

2002

23

2003

26

2004

21

2005

37

Chart 6a RESULTS OF APPLICATIONS BY YEAR LODGED

Year of Application Lodged

Successful

Refused

Applications Struck Out or Withdrawn

TOTAL

1994

-

1

1

2

1995

-

1

1

2

1996

1

1

1

3

1997

2

2

-

4

1998

6

3

3

12

1999

17

16

1

34

2000

15

13

3

31

2001

17

3

3

23

2002

14

9

-

23

Chart 6b RESULTS OF APPLICATIONS BY YEAR HEARD

Year of Application Heard

Successful

Refused

Applications Struck Out or Withdrawn

TOTAL

2003

11

8

1

20

2004

13

8

1

22

2005

18

9

2

29

Outcomes of Prosecutions Taken on Indictment

Charts 7 to 11 provide information for prosecutions on indictment taken by the Director in respect of files received in the Office between 2002 and 2004. As referred to in the initial explanatory note, care should be taken before a comparison is made to figures provided by any other organisation, as they are likely to be compiled on a different basis.

The figures in these charts relate to individual suspects against whom a direction has been made to prosecute on indictment. Statistics are provided on a suspect-by-suspect basis rather than on the basis of files received. This is because directions are made in respect of each suspect included within a file rather than against the complete file as an entity in itself. Depending on the evidence provided, different directions are often made in respect of the individual suspects received as part of the same file. References in these charts to 'cases' refer to such prosecutions taken against individual suspects. Although individual suspects on a file may be tried together where a direction is made to prosecute them in courts of equal jurisdiction, each suspect's verdict will be collated separately for the purpose of these statistics.

Statistics are provided on the basis of one outcome per suspect; this is irrespective of the number of charges that the suspect may have been prosecuted for in respect of that file. Where a suspect is convicted on any charge, he will be categorised as 'convicted' regardless of whether the conviction is in respect of the main charge or for a lesser charge or charges on the indictment. Where a suspect is categorised as 'acquitted', this means that the suspect has been acquitted of all charges. In respect of cases heard in the Central Criminal Court for rape and murder, a further breakdown is given in respect of convictions for a lesser offence (e.g. manslaughter instead of murder). This information is not available within our computer systems in respect of the other courts so care should be taken in interpreting their statistics. Suspects tried before these courts are categorised on the basis of the most serious offence they are charged with, but the offence or offences they are convicted for may be different from that under which they are categorised in the charts.

It should also be noted that statistics set out in these charts relate to what happened in the trial court only and not in a subsequent appeal court. In other words where a person is convicted and the conviction is subsequently overturned on appeal, the outcome of the trial is still shown in our statistics as a conviction.

Care should be taken in relation to interpreting the rates of conviction and acquittal in respect of later years, as a higher number of cases will not have reached a conclusion. The picture furnished by these statistics will be less complete and therefore less representative than those in respect of earlier years. Cases heard relatively early may not necessarily be a representative sample of the whole.

Chart 7 shows the results of prosecutions on indictment taken in relation to defendants in respect of whom prosecutions were commenced in the years 2002 to 2004 (as of May 2006). The figures relate to:

Conviction: A conviction was obtained in respect of at least one of the charges brought in the case.

Acquittal: The defendant was acquitted on all charges.

Not Yet Heard: These are cases in which a decision to prosecute has been taken and the matter is before the courts.

NOTE: Figures have not been included for 2005 as the majority of these cases have yet to be dealt with by the courts and the outcomes for the few cases where results are available may not be representative of the final picture covering all the cases.

Chart 7 CASE RESULTS - PROSECUTIONS ON INDICTMENT

Outcome

2004

%

2003

%

2002

%

Conviction

1642

59%

1896

65%

2010

71%

Acquittal

110

4%

156

5%

132

5%

Not Yet Heard

883

32%

734

25%

570

20%

Struck Out/Discontinued

135

5%

139

5%

111

4%

TOTAL

2770

100%

2925

100%

2823

100%

Chart 7a BREAKDOWN OF CONVICTIONS AND ACQUITTALS (EXCLUDING CASES STILL TO BE HEARD)
 

2004

%

2003

%

2002

%

Conviction by Jury

79

5%

120

6%

180

8%

Conviction Following Plea of Guilty

1563

89%

1776

87%

1830

85%

TOTAL CONVICTIONS

1642

94%

1896

92%

2010

94%

Acquittal by Jury

52

3%

94

5%

78

4%

Acquittal on Direction of Judge

58

3%

62

3%

54

3%

TOTAL ACQUITTALS

110

6%

156

8%

132

6%

TOTAL

1752

100%

2052

100%

2142

100%

Chart 8 breaks down the prosecutions directed on indictment to be heard in the Circuit Court. The cases categorised as 'For Hearing' are those for which a verdict has not yet been recorded. In some of these cases, a trial may have begun but proceedings have been halted by a Judicial Review application. In other cases the defendant may have absconded before the trial and a bench warrant and/or extradition proceedings may be in process. Other cases, especially those of a complex nature, may not yet have come to trial. The greater proportion of cases 'For Hearing' makes the figures in more recent years less representative. This provision is also applicable to Charts 9 - 11. Where a trial results in a disagreement the case is treated as still being 'For Hearing' unless a nolle prosequi is entered.

Chart 8 OUTCOMES OF CASES PROSECUTED IN THE CIRCUIT CRIMINAL COURT

 

Total

Conviction by Jury

Conviction on Plea

Acquittal by Jury

Acquittal by Direction of Judge

For Hearing

Other Disposals

 

2004

2003

2002

2004

2003

2002

2004

2003

2002

2004

2003

2002

2004

2003

2002

2004

2003

2002

2004

2003

2002

Fatal Accident at Work

7

8

5

0

2

0

3

5

5

0

0

0

0

0

0

4

1

0

0

0

0

Fatal Road Traffic Accident

54

37

47

3

4

6

26

21

32

2

3

2

1

2

4

22

6

2

0

1

1

Manslaughter

9

9

15

0

1

2

2

2

10

0

0

1

0

0

0

7

6

2

0

0

0

Other Fatal Offences

0

2

1

0

0

0

0

1

0

0

0

0

0

0

0

0

1

1

0

0

0

Total - Fatal Offences

70

56

68

3

7

8

31

29

47

2

3

3

1

2

4

33

14

5

0

1

1

Burglary

253

267

267

5

3

6

158

194

197

1

5

3

5

5

0

76

58

59

8

2

2

Fraud

70

54

25

4

0

1

34

33

16

1

0

0

2

3

0

28

16

8

1

2

0

Robbery

402

405

487

1

11

12

280

299

345

1

2

3

4

3

4

100

76

111

16

14

12

Other Offences Against Property

204

234

256

4

4

15

123

137

177

1

4

4

3

8

11

66

71

42

7

10

7

Total - Offences Against Property

929

960

1035

14

18

34

595

663

735

4

11

10

14

19

15

270

221

220

32

28

21

Buggery

11

5

5

0

1

0

3

2

3

0

0

1

0

0

0

8

2

1

0

0

0

Child Pornography

8

31

16

0

0

1

4

23

11

0

0

0

0

1

0

4

7

4

0

0

0

Sexual Assault

70

87

84

3

5

5

29

42

39

3

10

7

1

2

2

34

25

22

0

3

9

Sex with an underage Girl

16

19

21

0

0

1

6

12

11

0

0

1

0

0

1

10

6

7

0

1

0

Other Sexual Offences

21

23

26

0

0

1

8

10

14

0

1

2

0

0

1

13

11

8

0

1

0

Total - Sexual Offences

126

165

152

3

6

8

50

89

78

3

11

11

1

3

4

69

51

42

0

5

9

Drug Offences

397

453

427

10

13

16

262

319

324

1

3

2

3

6

4

108

105

80

13

7

1

Firearms and Explosives Offences

123

145

88

6

4

9

65

93

59

4

2

2

2

3

0

41

39

16

5

4

2

Non Fatal Offences Against the Person

694

703

687

18

31

57

345

374

406

35

44

35

28

21

22

241

200

131

27

33

36

Public Order Offences

105

88

46

0

3

1

49

34

17

0

6

2

0

1

0

50

37

21

6

7

5

Revenue Offences

14

13

25

0

0

2

3

4

6

1

0

0

1

0

0

9

9

16

0

0

1

Other Offences

214

216

161

5

5

8

137

132

105

0

3

5

1

3

3

70

62

37

1

11

3

GRAND TOTAL

2672

2799

2689

59

87

143

1537

1737

1777

50

83

70

51

58

52

891

738

568

84

96

79

Chart 8a BREAKDOWN OF 'OTHER DISPOSALS' FROM CHART 8
 

2004

2003

2002

Accused Deceased

1

3

4

Nolle Prosequi Entered

77

78

68

Struck Out

6

15

7

TOTAL

84

96

79

Chart 8b PROPORTION OF CONVICTIONS & ACQUITTALS FOR CASES FINALISED

 

Total

Conviction

Acquittal

 

2004

2003

2002

2004

2003

2002

2004

2003

2002

Fatal Accident at Work

3

7

5

100%

100%

100%

0%

0%

0%

Fatal Road Traffic Accident

32

30

44

91%

83%

86%

9%

17%

14%

Manslaughter

2

3

13

100%

100%

92%

0%

0%

8%

Other Fatal Offences

0

1

0

N/A

100%

N/A

N/A

0%

N/A

Total - Fatal Offences

37

41

62

92%

88%

89%

8%

12%

11%

                   

Burglary

169

207

206

96%

95%

99%

4%

5%

1%

Fraud

41

36

17

93%

92%

100%

7%

8%

0%

Robbery

286

315

364

98%

98%

98%

2%

2%

2%

Other Offences Against Property

131

153

207

97%

92%

93%

3%

8%

7%

Total - Offences Against Property

627

711

794

97%

96%

97%

3%

4%

3%

                   

Buggery

3

3

4

100%

100%

75%

0%

0%

25%

Child Pornography

4

24

12

100%

96%

100%

0%

4%

0%

Sexual Assault

36

59

53

89%

80%

83%

11%

20%

17%

Sex with an underage Girl

6

12

14

100%

100%

86%

0%

0%

14%

Other Sexual Offences

8

11

18

100%

91%

83%

0%

9%

17%

Total - Sexual Offences

57

109

101

93%

87%

85%

7%

13%

15%

Drug Offences

276

341

346

99%

97%

98%

1%

3%

2%

Firearms and Explosives Offences

77

102

70

92%

95%

97%

8%

5%

3%

Non Fatal Offences Against the Person

426

470

520

85%

86%

89%

15%

14%

11%

Public Order Offences

49

44

20

100%

84%

90%

0%

16%

10%

Revenue Offences

5

4

8

60%

100%

100%

40%

0%

0%

Other Offences

143

143

121

99%

96%

93%

1%

4%

7%

GRAND TOTAL

1697

1965

2042

94%

93%

94%

6%

7%

6%

Chart 9 outlines the result of cases directed for prosecution in the Special Criminal Court. Please note that in respect of the files received in 2004, none of the cases had reached a trial verdict at the time these statistics were collated.

Chart 9 OUTCOMES OF CASES PROSECUTED ON INDICTMENT IN THE SPECIAL CRIMINAL COURT

 

Total

Conviction by Judges

Conviction on Plea

Conviction on Lesser Charge

Acquittal by Judges

sFor Hearing

 

2004

2003

2002

2004

2003

2002

2004

2003

2002

2004

2003

2002

2004

2003

2002

2004

2003

2002

Firearms and Explosives Offences

0

11

2

0

0

2

0

4

0

0

0

0

0

0

0

0

7

0

Membership of Unlawful Organisation & Related Offences

9

24

14

0

6

2

0

1

7

0

12

0

0

1

0

9

4

5

TOTAL

9

35

16

0

6

4

0

5

7

0

12

0

0

1

0

9

11

5

Chart 9a BREAKDOWN OF 'CONVICTIONS ON LESSER CHARGE'

 

Total

Conviction by Judges

Conviction on Plea

 

2004

2003

2002

2004

2003

2002

2004

2003

2002

Firearms and Explosives Offences

0

12

0

0

0

0

0

12

0

TOTAL

0

12

0

0

0

0

0

12

0

Chart 9b PROPORTION OF CONVICTIONS & ACQUITTALS FOR CASES FINALISED (INCLUDING 'CONVICTION ON A LESSER CHARGE')

 

Total

Conviction

Acquittal

 

2004

2003

2002

2004

2003

2002

2004

2003

2002

Firearms and Explosives Offences

0

4

2

N/A

100%

100%

N/A

0%

0%

Membership of Unlawful Organisation & Related Offences

0

20

9

N/A

95%

100%

N/A

5%

0%

TOTAL

0

24

11

           

Chart 10 outlines the result of cases directed for prosecution in the Central Criminal Court and breaks down all cases by the most serious charge directed against the defendant. Supplementary charts break down the 'convictions on a lesser charge' and the 'other disposals' outcomes.

Chart 10 OUTCOMES OF CASES PROSECUTED ON INDICTMENT IN THE CENTRAL CRIMINAL COURT

 

Total

Conviction by Jury

Conviction on Plea

Conviction on Lesser Charge

Acquittal by Jury

Acquittal by Direction of Judge

Other Disposals

For Hearing

 

2004

2003

2002

2004

2003

2002

2004

2003

2002

2004

2003

2002

2004

2003

2002

2004

2003

2002

2004

2003

2002

2004

2003

2002

Murder

32

43

53

12

15

16

4

4

10

5

11

18

0

1

1

2

4

1

1

1

0

8

7

7

Rape

54

46

64

5

5

6

16

9

23

2

3

6

2

9

6

5

0

1

2

4

3

22

16

19

Attempted Murder

0

1

0

0

0

0

0

0

0

0

1

0

0

0

0

0

0

0

0

0

0

0

0

0

Attempted Rape

1

1

1

0

0

0

1

0

1

0

1

0

0

0

0

0

0

0

0

0

0

0

0

0

Aggravated Sexual Assault

2

0

0

0

0

0

1

0

0

0

0

0

0

0

0

0

0

0

0

0

0

1

0

0

TOTAL CASES

89

91

118

17

20

22

22

13

34

7

16

24

2

10

7

7

4

2

3

5

3

31

23

26

Chart 10a BREAKDOWN OF 'CONVICTIONS ON LESSER CHARGE' FOR CASES CATEGORISED AS MURDER OR ATTEMPTED MURDER

 

Total

Conviction by Jury

Conviction on Plea

 

2004

2003

2002

2004

2003

2002

2004

2003

2002

Manslaughter

4

10

17

3

6

11

1

4

6

Burglary

0

0

1

0

0

1

0

0

0

Withholding Information

1

0

0

0

0

0

1

0

0

Obstructing a Garda

0

1

0

0

0

0

0

1

0

Assault Causing Harm

0

1

0

0

0

0

0

1

0

                   

TOTAL

5

12

18

3

6

12

2

6

6

Chart 10b BREAKDOWN OF 'CONVICTIONS ON LESSER CHARGE' FOR CASES CATEGORISED AS RAPE OR ATTEMPT TO RAPE

 

Total

Conviction by Jury

Conviction on Plea

 

2004

2003

2002

2004

2003

2002

2004

2003

2002

Aggravated Sexual Assault

1

1

1

0

0

0

1

1

1

Sexual Assault

1

1

2

0

0

0

1

1

2

Sex with an Underage Girl

0

1

2

0

0

0

0

1

2

Possesion of Firearms with Intent to Endanger Life

0

0

1

0

0

0

0

0

1

Intent to Endanger Life

0

0

0

0

0

0

0

0

0

Attempted Rape

0

1

0

0

1

0

0

0

0

TOTAL

2

4

6

0

1

0

2

3

6

Chart 10c BREAKDOWN OF 'OTHER DISPOSALS'

 

2004

2003

2002

Nolle Prosequi Entered

3

4

2

Accused Deceased

0

0

1

Struck Out

0

1

0

TOTAL

3

5

3

Chart 10d PROPORTION OF CONVICTIONS & ACQUITTALS FOR CASES FINALISED (INCLUDING CONVICTIONS ON A LESSER CHARGE)

 

Total

Conviction

Acquittal

 

2004

2003

2002

2004

2003

2002

2004

2003

2002

Murder

23

35

46

91%

86%

96%

9%

14%

4%

Rape

30

26

42

77%

65%

83%

23%

35%

17%

Attempted Murder

0

1

0

N/A

100%

N/A

N/A

0%

N/A

Attempted Rape

1

1

1

100%

100%

100%

0%

0%

0%

Aggravated Sexual Assault

1

0

0

100%

N/A

N/A

0%

N/A

N/A

TOTAL

55

63

89

84%

78%

90%

16%

22%

10%

Chart 11 breaks down the case verdicts for each circuit criminal court. Unlike Chart 8, it does not include cases 'for hearing' or cases where the outcome is other than conviction or acquittal. Please note that in some cases, a trial may be held in a circuit court for a county other than that in which the offence was committed.

Chart 11 OUTCOMES OF CASES PROSECUTED ON INDICTMENT IN THE CIRCUIT CRIMINAL COURT BY COUNTY

 

Total

Conviction by Jury

Conviction on Plea

Acquittal by Jury

Acquittal by Direction of Judge

 

2004

2003

2002

2004

2003

2002

2004

2003

2002

2004

2003

2002

2004

2003

2002

Carlow

3

14

16

0

2

8

3

10

7

0

2

1

0

0

0

Cavan

19

20

38

0

0

0

18

18

37

1

2

0

0

0

1

Clare

35

42

42

0

3

8

30

31

30

1

7

2

4

1

2

Cork

159

210

219

10

10

14

134

182

190

0

8

3

15

10

12

Donegal

23

44

27

1

3

1

22

39

25

0

2

1

0

0

0

Dublin

992

1075

1132

25

31

59

929

995

1030

19

25

28

19

24

15

Galway

50

30

32

3

0

2

46

26

27

1

3

2

0

1

1

Kerry

28

46

39

0

1

2

25

38

28

3

4

7

0

3

2

Kildare

53

46

54

9

4

2

37

38

47

6

4

5

1

0

0

Kilkenny

19

11

17

0

1

0

18

9

12

1

1

3

0

0

2

Laois

11

9

25

0

2

7

11

7

18

0

0

0

0

0

0

Leitrim

3

14

3

0

1

1

3

13

2

0

0

0

0

0

0

Limerick

38

42

52

0

2

2

33

35

46

5

3

1

0

2

3

Longford

6

5

16

0

1

0

6

4

16

0

0

0

0

0

0

Louth

41

44

58

2

8

3

35

32

46

2

4

8

2

0

1

Mayo

33

23

16

4

1

0

23

19

14

5

1

0

1

2

2

Meath

29

40

41

0

0

9

28

38

28

1

1

2

0

1

2

Monaghan

8

21

24

0

1

2

8

19

20

0

1

1

0

0

1

Offaly

8

20

9

0

5

1

6

14

7

1

0

0

1

1

1

Roscommon

15

17

6

0

0

0

15

17

6

0

0

0

0

0

0

Sligo

29

37

9

2

3

2

22

32

7

1

0

0

4

2

0

Tipperary

14

28

39

0

2

6

14

21

33

0

1

0

0

4

0

Waterford

29

58

42

1

4

3

27

42

32

0

7

2

1

5

5

Westmeath

10

24

20

0

1

1

8

20

19

0

3

0

2

0

0

Wexford

22

22

28

2

1

5

18

19

21

2

2

1

0

0

1

Wicklow

20

23

38

0

0

5

18

19

29

1

2

3

1

2

1

TOTAL

1697

1965

2042

59

87

143

1537

1737

1777

50

83

70

51

58

52

Chart 11a PROPORTION OF CONVICTIONS & ACQUITTALS FOR CASES FINALISED

 

Total

Conviction

Acquittal

 

2004

2003

2002

2004

2003

2002

2004

2003

2002

Carlow

3

14

16

100%

86%

94%

0%

14%

6%

Cavan

19

20

38

95%

90%

97%

5%

10%

3%

Clare

35

42

42

86%

81%

90%

14%

19%

10%

Cork

159

210

219

91%

91%

93%

9%

9%

7%

Donegal

23

44

27

100%

95%

96%

0%

5%

4%

Dublin

992

1075

1132

96%

95%

96%

4%

5%

4%

Galway

50

30

32

98%

87%

91%

2%

13%

9%

Kerry

28

46

39

89%

85%

77%

11%

15%

23%

Kildare

53

46

54

87%

91%

91%

13%

9%

9%

Kilkenny

19

11

17

95%

91%

71%

5%

9%

29%

Laois

11

9

25

100%

100%

100%

0%

0%

0%

Leitrim

3

14

3

100%

100%

100%

0%

0%

0%

Limerick

38

42

52

87%

88%

92%

13%

12%

8%

Longford

6

5

16

100%

100%

100%

0%

0%

0%

Louth

41

44

58

90%

91%

84%

10%

9%

16%

Mayo

33

23

16

82%

87%

88%

18%

13%

13%

Meath

29

40

41

97%

95%

90%

3%

5%

10%

Monaghan

8

21

24

100%

95%

92%

0%

5%

8%

Offaly

8

20

9

75%

95%

89%

25%

5%

11%

Roscommon

15

17

6

100%

100%

100%

0%

0%

0%

Sligo

29

37

9

83%

95%

100%

17%

5%

0%

Tipperary

14

28

39

100%

82%

100%

0%

18%

0%

Waterford

29

58

42

97%

79%

83%

3%

21%

17%

Westmeath

10

24

20

80%

88%

100%

20%

13%

0%

Wexford

22

22

28

91%

91%

93%

9%

9%

7%

Wicklow

20

23

38

90%

83%

89%

10%

17%

11%

                   

TOTAL

1697

1965

2042

94%

93%

94%

6%

7%

6%

Chart 12 shows the breakdown of office expenditure for 2005, 2004 & 2003.

Salaries & Wages: This represents the cost of salaries of staff employed in the Office. The total staff complement at 1 January 2005 was 170.75

Office Expenses: This relates to general office administration costs e.g. purchase and maintenance of office equipment, office supplies, library costs, office premises maintenance, travel and other incidental expenses.

Fees to Counsel: These are fees paid to the barristers who prosecute cases on behalf of the Director in the various criminal courts. Fees are set within the parameters set by the Minister for Finance.

General Law Expenses: This refers to the payment of legal costs awarded by the courts in judicial review matters and other applications connected to legal proceedings against the Director.

Chart 12 OFFICE EXPENDITURE
 

2005

%

2004

%

2003

%

 

 

 

 

Salaries Wages & Allowances

9,527,979

32%

8,458,701

30%

7,651,069

29%

Office Expenses

3,011,535

10%

2,926,165

10%

2,435,150

9%

Fees to Counsel

13,004,323

43%

12,374,056

43%

12,997,392

50%

General Law Expenses

4,615,021

15%

4,902,298

17%

3,121,648

12%

TOTAL

30,158,858

100%

28,661,220

100%

26,205,259

100%

Charts 13 & 14 show a breakdown of expenditure on fees to counsel in the various criminal courts and by region in respect of the Circuit Criminal Court.

Fees paid to counsel in the Central, Special & Circuit Criminal Courts cover advising on proofs, drafting indictments, holding consultations, arraignments, presentation of the case and other necessary appearances e.g. for sentence.

Expenditure on fees in the High Court covers mainly bail applications and the preparatory work and hearings associated with judicial reviews.

Chart 13 FEES TO COUNSEL PAID BY COURT
 

2005

%

2004

%

2003

%

 

 

 

 

Circuit Court

6,136,922

48%

5,659,687

46%

5,086,664

39%

Central Criminal Court

4,052,328

31%

3,961,620

32%

4,753,747

37%

High Court

1,446,021

11%

1,496,433

12%

1,479,486

11%

Supreme Court

158,891

1%

217,260

2%

178,963

1%

Court of Criminal Appeal

763,712

6%

710,182

6%

834,134

6%

Special Criminal Court

415,263

3%

267,303

2%

596,072

5%

District Court

31,188

0%

61,571

0%

68,326

1%

TOTAL

13,004,325

100%

12,374,056

100%

12,997,392

100%

Chart 14 FEES TO COUNSEL PAID BY CIRCUIT
 

2005

%

2004

%

2003

%

 

 

 

 

Dublin Circuit

3,510,505

57%

3,688,480

64%

3,188,025

62%

Cork Circuit

572,634

9%

226,288

4%

548,147

11%

Eastern Circuit

435,435

7%

384,148

7%

389,966

8%

Midland Circuit

350,921

6%

337,059

6%

184,909

4%

South Eastern Circuit

555,370

9%

548,822

10%

420,950

8%

South Western Circuit

221,661

4%

147,058

3%

138,093

3%

Western Circuit

237,047

4%

169,800

3%

115,019

2%

Northern Circuit

253,349

4%

158,032

3%

101,555

2%

TOTAL

6,136,922

100%

5,659,687

100%

5,086,664

100%