Guidelines for Prosecutors

• Reasons Project (PDF - 142.9KB)
  

  Policy on the Giving of Reasons for Decisions not to Prosecute:

  It is the intention of the Office of the Director of Public Prosecutions to pilot a policy change on the giving of reasons for decisions not to prosecute.  The policy will operate on the following basis:

  1. The policy change will be confined to alleged offences where a death has occurred including:

  • murder
  • manslaughter
  • infanticide
  • fatalities in the workplace

  fatal road traffic accidents

  2. Reasons for decisions not to prosecute, or to discontinue a prosecution, will be given on request to parties closely connected with the deceased, such as:

  • members of the deceased’s family or household;
  • their legal or medical advisers; or
  • social workers acting on their behalf

  3. Reasons will be given only in circumstances where it is possible to do so without creating an injustice.  This would include situations where the giving of a reason would:

  • expose potential witnesses or other persons to injustice such as by taking their good name;
  • reveal the identity or existence of confidential sources or confidential methods or procedures of law enforcement; or
  • have an adverse effect on law enforcement.

  4. The reason given should where possible be sufficiently detailed to enable the interested party to understand why the decision was taken.

  5. The policy will apply to decisions not to prosecute, or to discontinue a prosecution, made in respect of offences involving a death where the alleged offence occurred on or after 22 October 2008.

  6. Reasons for decisions will be communicated to interested parties in writing.  It is not proposed within the scope of this pilot policy change to offer face-to-face meetings with interested parties.  Persons who come within the scope of paragraph 2 above and who want to know the reason for a decision not to prosecute or to discontinue a prosecution should write to the Director of Public Prosecutions, 14-16 Upper Merrion Street, Dublin 2.

  7. The Office of the DPP anticipates this policy will operate at least until 1 January 2010.  A comprehensive evaluation of the policy will be undertaken during that period.  Subject to a satisfactory evaluation of the operation of the policy consideration will be given to extending the policy to other serious cases including sexual crimes. 

  8. It is important to note that this new policy is in addition to, and leaves unaltered, the long-standing rights of victims and their families to: 

  • request the DPP to review a prosecutorial decision
  • meet with the prosecution team before a trial
  • request the DPP to seek a review of an unduly lenient sentence

  22 October 2008

  ---

  Discussion Paper - January 2008

  Executive Summary - January 2008

  Final Report - October 2008

• Reasons Project - Discussion Paper (PDF - 364.1KB)
  
• Prosecution of Offences Act, 1974
• 
  Cartel Immunity Programme (updated 22 January 2015) (PDF - 263.8KB)
  

  This notice outlines the policy and procedures involved in applying for immunity from prosecution for criminal offences under the Competition Act, 2002.

  The Competition and Consumer Protection Commission (the Commission) has identified the pursuit of cartels as a top priority. Cartel behaviour is almost inevitably harmful to consumers as it results in their having to pay more than they should for goods and services. Cartels are by their very nature conspiratorial. The participants are secretive and hard-core cartels are notoriously difficult to detect and prosecute successfully. This Programme encourages self-reporting of unlawful cartels by offenders at the earliest possible stage.

  This notice makes transparent the policy of both the Commission and the Director of Public Prosecutions (the DPP) in considering applications for immunity in such cases of self-reporting. It also outlines the process through which parties must agree to co-operate, in order to qualify for immunity.

  A revised Programme came into effect on 22 January 2015.

   

   

• 
  How We Make Prosecution Decisions (PDF - 186.2KB)
  

  Braille and audio versions available on request.

• Report of the Public Prosecution System Study Group (PDF - 192.0KB)
  
• 
  How to Request Reasons and Reviews (PDF - 186.1KB)
  

  Braille and audio versions available on request.

• 
  The Role of the DPP (PDF - 209.3KB)
  

  Braille and audio versions available on request.

  <p>Role of the DPP; Ról an DPP</p>
• Report of the Working Group on the outstanding recommendations of the Public Prosecution System Study Group (PDF - 138.5KB)
  
• 
  Going to Court as a Witness (PDF - 277.0KB)
  

  Braille and audio versions available on request.

  <p>Going to Court as a Witness; Ag dul chuig an gCúirt mar Fhinné</p>
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  Annual Report 2015 (PDF - 1,414.7KB)
  

  <p>Annual Report</p>
• Standards of International Association of Prosecutors
• 
  Annual Report 2014 (PDF - 1,700.2KB)
  
• Recommendation Rec(2000)19 of the Committee of Ministers to Member States on the Role of Public Prosecution in the Criminal Justice System
• 
  Annual Report 2013 (PDF - 2,573.7KB)
  

  <p>Annual Report 2013; Tuarascáil Bhliantúil 2013; statistics; year in review; legal developments</p>
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  Annual Report 2012 (PDF - 2,347.9KB)
  
• 
  Strategy Statement 2016-2018 (PDF - 407.1KB)
  
• 
  Guidelines for Prosecutors [4th Edition - October 2016] (PDF - 539.6KB)
  

  <p>4th Edition; guidelines</p>
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  SECTION 8 GARDA SíOCHÁNA ACT 2005 - General Direction No. 3 (PDF - 70.7KB)
  

  <p>General Direction, Garda Síochána Act 2005</p>
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  Annual Report 2011 (PDF - 3,030.8KB)
  

  <p>Annual Report 2011; Statistics 2011, 2010, 2009; Foreword; Claire Loftus; Legal Developments; Year in Review; Prosecution Files Received</p>
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  Strategy Statement 2013-2015 (PDF - 791.7KB)
  

  <p>Strategy Statement; 2013; 2015</p>
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  Code of Ethics (PDF - 177.7KB)
  
• Reasons Project - Policy Statement - October 2008 (PDF - 58.9KB)
  
• 
  Strategy Statement 2010-2012 (PDF - 287.5KB)
  
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  Annual Report 2010 (PDF - 2,088.1KB)
  

  <p>Annual Report 2010</p>
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  Strategy Statement 2007-2009 (PDF - 553.8KB)
  
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  Reasons Project - Final Report (PDF - 142.9KB)
  
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  Annual Report 2009 (PDF - 1,388.7KB)
  
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  Reasons Project - Executive Summary (PDF - 73.5KB)
  
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  Annual Report 2008 (PDF - 1,209.6KB)
  

  <p>Annual Report 2008</p>
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  Reasons Project - Discussion Paper (PDF - 364.1KB)
  
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  Protected Disclosure Annual Report 2017 (PDF - 76.4KB)
  
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  Quality Service Charter [2017-2019] (PDF - 114.3KB)
  
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  Quality Service Action Plan 2017-2019 (PDF - 166.6KB)
  
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  Irish Language Scheme 2014-2017 (PDF - 173.3KB)
  

  <p>3rd Irish Language Scheme; Official languages Act</p>
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  Review of Irish Language Scheme 2010 - 1013 (PDF - 147.3KB)
  
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  Irish Language Scheme 2010-2013 (PDF - 219.4KB)
  

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