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Guidelines for Prosecutors [4th Edition – October 2016]
This is the 4th edition of the ‘Guidelines for Prosecutors’. The Guidelines were first published in 2001 with the aim of setting out in general terms principles to guide the initiation and conduct of prosecutions in Ireland. They are intended to give general guidance to prosecutors so that a fair, reasoned, and consistent policy underlies the prosecution process.
Changes to individual chapters include:
Chapter 8: The Role of the Prosecutor in Court
Reflecting the establishment of the Court of Appeal in 2014 as well as changes to ‘The Prosecutor’s Role in the Sentencing Process’, in light of judgments of the Court of Criminal Appeal and in anticipation of future guidance from the Court of Appeal.
Chapter 11: Prosecution Appeals and Sentence Reviews
Setting out the Director’s powers to appeal and apply under the Criminal Procedure Act 2010.
Chapter 12: Victims’ Rights
Re-titled and extensively revised in light of the European Union Victims Directive 2012/29/EU which took effect on 16 November 2015.
Chapter 15: Confiscation, Forfeiture and Disqualification
Re-titled and extensively revised to include additional information such as provisions for disqualification of company directors and other persons contained in the Companies Act 2014.
Chapter 16: Communication with the Director of Public Prosecutions
Fully revised to provide practical guidance on communicating with the Office of the DPP with particular reference to Office policies on giving reasons for and/or conducting reviews of decisions not to prosecute, freedom of information requests, data protection and complaints.