DPP Reasons Project

Tom Young

So folks,

Should the DPP give reasons why he is not prosecuting cases?

Discussion paper: http://www.dpp.ie/filestore/documents/DISCUSSION_PAPER.pdf

General questions:

Should the current policy be changed?
If so, should reasons be given only to those with a direct interest, the victims of crime or their relations?
Should reasons also be given to the public at large?
If reasons are given, should they be general or detailed?
Should they be given in all cases, or only in certain categories of serious cases? If so, which?
How can reasons be given without encroaching on the constitutional right to one’s good name and the presumption of innocence?
Should the communication of reasons attract legal privilege?
How should cases where a reason cannot be given without injustice be dealt with?
By whom and by what means should reasons be communicated?

Current situation and reasons (p.28):

When considering any change in current policy six key issues have to be
taken into account:

The protection of the good name of suspects;
The protection of the good name of witnesses;
The possibility that future developments in a case may be prejudiced by the publication of sensitive material;
The protection of police sources;
Whether privilege ought to attach to statements made by the DPP as to reasons for not prosecuting, and
Whether specific legal considerations apply in relation to the entry of
a nolle prosequi.

Tom Young

Code: http://www.cps.gov.uk/publications/docs/code2004english.pdf

The Full Code Test: http://www.cps.gov.uk/victims_witnesses/codetest.html

The Threshold Test: http://www.cps.gov.uk/victims_witnesses/threshold.html

Diversion: http://www.cps.gov.uk/victims_witnesses/diversion.htm

Re-starting a prosecution: http://www.cps.gov.uk/victims_witnesses/restarting.html

I'd point out that the UK doesn't even have a constitution!

Maximilian

I have to say I agree completely with it. The process should be transparent. There's been enough scandal and corruption in Ireland and all of it started off in secrecy and behind closed doors.

Tom Young

Well I think it needs to be very measured.

The recent and current trial by media issues we have seen are extremely worrying trends.

From www.cearta.ie http://www.cearta.ie/2007/07/another-gray-day-for-privacy/
and Hanahoe v Hussey
http://www.bailii.org/ie/cases/IEHC/1997/173.html


Trial by Joe Duffy is certainly not the way forward.

Maximilian

Think thats always going to happen regardless. Its stuff like mandatory sentences that I disagree with.

Tom Young

Maximilian wrote: »

Think thats always going to happen regardless. Its stuff like mandatory sentences that I disagree with.

Indeed I also heard some blurb on the radio today about the Homicide paper that the LCR have been working on.

johnnyskeleton

I think so, but he should reserve a general discretion not to give reasons i.e. the default position will be that he doesn't give reasons, but in high profile cases he should.

I also think that while giving specific reasons to the complainants in cases is fine, the public reasons should be broad - i.e. insufficency of evidence, contradition of evidence, airtight alibi, proceedural unfairness etc.

He would have to be very careful about such cases though, because it would be a bit harsh to publically state that the complainant appears to be an unreliable witness etc.

He would also be leaving himself open to judicial review, which in turn infringes the independence of his office, but I suppose this is bound to happen.

I agree that his defence of judicial discretion in sentencing was also very good, although I would be in favour of retaining mandatory life for murder.

Maximilian

Tom Young wrote: »

Indeed I also heard some blurb on the radio today about the Homicide paper that the LCR have been working on.

Haven't read through it properly but I think there are some sensible recommendations in there

Tom Young

Maximilian wrote: »

Haven't read through it properly but I think there are some sensible recommendations in there

If you had a link to this draft bill perhaps you could post it up.