APPENDIX III

Victims’ Charter

Role of the office of the Director of Public Prosecutions (DPP)

When you report a serious crime, the Gardaí (or other agencies) investigate it and send a file to the Office of the DPP. We then examine this file to see whether there is enough evidence to prosecute someone for the crime and what the charge should be.

Deciding whether to prosecute

The decision to prosecute is a serious one – it can have a lasting effect on both the victim of the crime and the accused. Only the DPP or one of his officers may decide whether to prosecute in serious cases, for example murder, sexual assault or fatal road accidents.

The Gardaí may decide to prosecute less serious crimes. However the prosecution is still taken in the name of the DPP and the DPP has the right to tell the Gardaí how to deal with the case.

If we decide not to prosecute, we will give reasons only to the Gardaí who investigated the case. We do not give reasons to victims or their families. The Director is looking at that policy at present to see if he can give reasons in the future.

We act independently when deciding whether to prosecute. this means that no other person, not even the Government, can tell us to prosecute or not to prosecute any case.

Prosecuting offences in court

The Gardaí will tell you whether we have decided to prosecute and, if so, when and where the court case will take place. If a case is prosecuted in Dublin, we are represented in court by the Gardaí or by a solicitor from our Office. If it takes place outside Dublin, we are represented by the Gardaí or the local state solicitor.

The most serious cases are heard in the Central Criminal Court, the Circuit Criminal Court or the Special Criminal Court. In these cases the prosecution solicitor or local state solicitor will:

• prepare court documents, such as books of evidence (statements and other information about the crime); and
• instruct and assist prosecution barristers.

What you can expect from the Director of Public Prosecutions

Decisions on prosecutions

• We will consider any views you express before we decide whether to prosecute.
• If you ask us to review one of our decisions, we will examine it and,if possible, carry out a review. the review will be carried out by a different officer to the one who made the decision.

If you are a witness

• We will treat you with respect and take account of your personal situation, rights and dignity.
• We will work with the Gardaí to make sure you are kept up-to-date on your case, especially ifit is about a violent or sexual offence.
• We will arrange for you to talk to the prosecution solicitor and barrister before the court case begins, if you wish. They will explain what will happen in court, but they are not allowed to talk to you about the evidence you will give.

Sentencing

• If we think a sentence is unduly lenient,in other words too light without a good reason, we can ask the Court of Criminal Appeal to review it. We can seek a review of sentences from the Central Criminal, Circuit Criminal and Special Criminal Courts but not from the District Court.

If we do not meet your expectations

If you have questions or complaints about the Office, you may contact:

Director of Public Prosecutions

14- 16 Upper Merrion Street

Dublin 2

tel: + 353 (0)1 678 9222

Fax: + 353 (0)1 661 0915

Website: www.dppireland.ie

You can find our information booklets the Role of the DPP and Attending Court as a Witness on the website.

Victims’ Charter - Revised June 2008