Foreword

This is the eighth Annual Report of the Office of the Director of Public Prosecutions. It presents a welcome opportunity for me to report on the work undertaken by my Office during 2005; to look at some of the legal developments that occurred during the year which impacted on our work; and to review the developments we have undertaken to enhance the delivery of a prosecution service that is independent, fair and effective.

The core work of the Office is the prosecution of criminal offences. During 2005 the number of prosecution files received remained relatively constant compared to the previous three years. However, cases continue to increase in complexity. Chapter 7 of this report is devoted entirely to the provision of statistical information in relation to the volume of prosecution files dealt with and how those files were disposed of. The statistics are based on our own classification and categorisation systems and are not therefore directly comparable with statistics published by other organisations such as the Courts Service or the Garda Síochána.

Since the establishment of the Office, professional staff have devoted almost all of their time either to prosecution file work or to presenting cases in court. With the increasing complexity of the criminal justice system my professional staff are now regularly being called upon to address matters of legal policy. To date this has been managed from within existing resources. However, I am of the opinion that it is now time to establish a dedicated legal policy unit to address these issues in a more structured and focused way. This is an area I intend to prioritise in our Strategy Statement 2007 - 2010.

A very significant development in the area of new legislation took place in 2005 with the introduction of the Garda Síochána Act, 2005. Section 8 of the Act confers on members of An Garda Síochána the power to institute and conduct criminal prosecutions in courts of summary jurisdiction in the name of the Director of Public Prosecutions. The Act also confers on me a statutory power to grant both general and specific directions in respect of such prosecutions. At time of writing section 8 is due to be enacted in mid 2006. The effects of its implementation, which will be significant for my Office, will be reported on further in the Annual Report 2006.

Chapter 2 of the report highlights progress made in a number of areas during 2005 that have enhanced the service we provide. The service will be further enhanced with the transfer of responsibility for the State Solicitor service from the Attorney General to me, as was recommended in the Report of the Public Prosecution System Study Group. While I am disappointed that the transfer has not yet taken place, negotiations are currently going on. It is hoped that they will reach a conclusion during 2006 and I look forward to the positive impact that this will have on the prosecution service generally.

I have drawn attention in previous reports to the difficulties which arise from my Office being split over two locations. I am pleased to now announce that a decision has been taken to site my Office in one building next to the new criminal courts complex which is currently under development. Unfortunately, however, this move to a single headquarters is still some years away. I am concerned that in the intervening period the fact that my Office will remain split over two locations, together with the generally inadequate nature of our accommodation, will continue to have an adverse impact on the service provided.

I would like to conclude by thanking all my staff, together with the people and agencies with whom the Office works, for their continued dedication and commitment during 2005.

James Hamilton
Director of Public Prosecutions
May 2006