6.1 The Guidelines for Prosecutors was first launched in 2001. In July 2006 a revised edition of the Guidelines was published and launched by The Hon. Mrs. Justice Catherine McGuinness, Judge of the Supreme Court and President of the Law Reform Commission. In setting out in general terms principles which should guide the initiation and conduct of prosecutions in Ireland, the primary purpose of the Guidelines is to provide a basis for a fair, reasoned and consistent prosecution policy.
6.2 In most jurisdictions, prosecutions are initiated and conducted entirely by prosecutors, who not only make prosecution decisions but conduct the prosecutions in court, and may also be responsible for conducting, or at least for supervising, all necessary investigations.
6.3 In Ireland the Office of the Director of Public Prosecutions has no investigative role. Investigation is a matter for the Garda Síochána or other specialised agencies. When the Office of the DPP decides to prosecute a case, if it is a serious case being dealt with in a jury court in Dublin, the Solicitors Division in the Office of the DPP handles the case. Outside of Dublin the case is handled by local state solicitors. Their relationship with this Office is that of a solicitor and client. When cases heard before a jury come to court, they are then handled by independent barristers who act on instructions from the Director's solicitors.
6.4 The vast majority of criminal cases are, however, heard in the District Court. Some of these cases are prosecuted directly by solicitors employed by this Office but the great majority are prosecuted by members of the Garda Síochána. With the coming into force of section 8 of the Garda Síochána Act 2005 all prosecuting Gardaí will be prosecuting cases in the name of the DPP and will be under a duty to comply both with general instructions given by this Office and with any specific instructions in individual cases. This represents a development with potentially far-reaching consequences for summary prosecutions in Ireland.
6.5 The Guidelines therefore are directed not only to the staff of this Office but to all those who prosecute in the name of the DPP. With so many different players taking part in the prosecution system the necessity for clear guidelines is obvious. The issuing of guidelines is one mechanism through which the Office can try to achieve consistency.
6.6 Another reason for the publication of the Guidelines is to contribute to public understanding of the prosecution system within the criminal justice system as a whole. Particularly in a system where victims of crime are not given the reasons for decisions, it can be important that they are given the maximum reassurance as to the principles that are applied in making decisions and that they can be assured those principles were adhered to.
6.7 The revised Guidelines for Prosecutors is a substantially larger document than the first edition. It includes for the first time a Code of Ethics for prosecutors. This Code has been informed by principles which have been set out by the United Nations, the Council of Europe and the International Association of Prosecutors. The Guidelines deal for the first time with the difficult question of accomplice evidence and the granting of immunity to accomplices and with the issue of post-conviction forfeiture, confiscation and disqualifications.
6.8 The chapter dealing with the rights of victims and the relatives of victims has been substantially expanded. While the Guidelines make clear that the prosecution acts on behalf of the People as a whole and not just in the interests of any one individual, and that therefore the views and interests of the victim cannot be the only consideration in deciding whether or not to prosecute, nevertheless there is an increased recognition of the importance of listening to and considering carefully the views of victims when decisions in which they have a huge interest are being made. The Guidelines emphasise the importance of treating victims with consideration, sympathy and respect and having regard to their rights and dignity.
6.9 The Guidelines will be continually reviewed and updated so as to ensure that they reflect the most up to date information and incorporate any changes in legislation. In this regard we are currently updating the second edition and intend to publish a 3rd Edition of the Guidelines in 2007. The Guidelines for Prosecutors is available on our website at www.dppireland.ie.