1 THE GENERAL WORK OF THE OFFICE

1.1    The fundamental function of the Director of Public Prosecutions is the direction and supervision of public prosecutions and related criminal matters.

1.2    The majority of cases dealt with by the Office of the Director of Public Prosecutions are received from the Garda Síochána, the primary national investigating agency. However, some cases are also referred to the Office by specialised investigative agencies including the Revenue Commissioners, Government Departments, the Health & Safety Authority, the Competition Authority, the environmental Protection Agency and local authorities.

1.3    The Office of the Director of Public Prosecutions has three divisions:

The Directing Division determines, following an examination of an investigation file, whether there should be a prosecution or whether a prosecution commenced by the Garda Síochána should be maintained. The direction which issues indicates the charges, if any, to be brought before the courts. In some cases further information and investigation may be required before a decision can be made. To prosecute there must be a prima facie case - evidence which could, though not necessarily would, lead a court or a jury to decide, beyond reasonable doubt, that the person is guilty of the offence.

The Solicitors Division, headed by the Chief Prosecution Solicitor, acts as the Director’s principal solicitor in the preparation and presentation of cases in the Dublin District and Circuit Courts, the Central Criminal Court and Special Criminal Court, the Court of Criminal Appeal and the High and Supreme Courts. Outside of the Dublin area 32 local state solicitors, engaged on a contract basis, provide a solicitor service in the Circuit Court and in some District Court matters in their respective local areas.

The Administration Division provides organisational, infrastructural, administrative and information services required by the Office and also provides support to both the Directing and Solicitors Divisions.

1.4   The work of the Office includes:

• the consideration of criminal investigation files submitted to the Office
• deciding whether or not a prosecution should be initiated or whether a prosecution already initiated should be maintained and the advising of any further investigations necessary for the commencement or continuation of a prosecution
• the determination of the charges to be preferred and the consideration of any charges already preferred
• the determination of the proofs and other materials to be tendered to the court and to the accused, including issues regarding the disclosure to the defence of unused material
• presentation of criminal prosecutions in the district courts of the Dublin Metropolitan District and appeals therefrom to the Circuit Court
• preparation and presentation of all indictable criminal prosecutions listed in Dublin - this includes trials in the Circuit Criminal Court, Special Criminal Court and the Central Criminal Court
• the nomination and instruction of Counsel in the various trial courts as well as the High and Supreme Courts and the Court of Criminal Appeal
• the giving of instructions regarding the conduct of the prosecution of criminal trials including the issuing of decisions regarding the many questions of law and of public policy which can arise in the course of criminal proceedings
• conferring as necessary with Counsel, local state solicitors, members of the Garda Síochána and professional witnesses
• the determination and discharge of the fees of Counsel who are instructed to act on behalf of the Director
• deciding whether appeals, including appeals by way of case stated, should be brought or contested, and bringing and defending proceedings for judicial review
• defending bail and habeas corpus applications arising out of criminal proceedings
• the referral of sentences considered to be unduly lenient to the Court of Criminal Appeal
• the consideration of complaints and allegations of the commission of criminal offences received from members of the public and, where appropriate, their transmission to the Garda Commissioner
• the consideration of files submitted by the Garda Síochána Complaints Board and more recently the Garda Síochána Ombudsman Commission
• the drafting or settling of documents necessary for the processing of requests for extradition into the State
• the drafting and making of requests for international mutual assistance in criminal matters
• participating in and contributing to committees and working groups in relation to criminal law and procedure; facilitating specialised training programmes on aspects of the prosecution of crime for the Garda Síochána; and organising conferences on criminal justice topics for the benefit of our stakeholders
• cooperating with and participating in joint initiatives with other agencies with an interest in and responsibility for aspects of criminal justice, including the Garda Síochána; the Revenue Commissioners; the Competition Authority; the Director of Corporate enforcement; the Health and Safety Authority; other prosecution agencies; the Courts Service; the Department of Justice, equality and law Reform; the law Reform Commission; the Forensic Science laboratory; the State Pathologist; the Medical Bureau of Road Safety; the Office of the Attorney General; as well as organisations representing the interests of victims of crime.