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File to DPP

  • 18-12-2009 8:50pm
    #1
    chem
    Registered Users, Registered Users 2 Posts: 1,230 ✭✭✭


    OK all just wondering. If someone was arrested for an offence and questioned, released without charge,pending a file been sent to the DPP. Then that person produced evidence showing they were not guilty of the offence etc........

    Will a file still be sent? After Garda looking into evidence of course!

    What im getting at. Is it the Gardai or DPP who deside if a case should go to court? Can the Gardai alone drop the charges if evidence is proven that the suspect is innocent?

    And if the file has been sent to the DPP before the evidence has been produced. Do the Gardai have to forward this evidence to the DPP?

    Cheers for replies.


Comments

  • #2
    Hooch
    Registered Users, Registered Users 2 Posts: 4,957 ✭✭✭Hooch


    If the DPP decide on the case, then the DPP alone can direct the charges be dropped. The State solicitor must consult with the DPP for everything inculding plea's etc.

    If the file is already gone to the DPP, the Gardaí can submitt an extention to the file and new recommendations. If the evidence suggests a lower charge, the DPP can have the first dropped and re charge with the lower ones.


  • #3
    chem
    Registered Users, Registered Users 2 Posts: 1,230 ✭✭✭chem


    nice guy always wrote: »
    If the DPP decide on the case, then the DPP alone can direct the charges be dropped. The State solicitor must consult with the DPP for everything inculding plea's etc.

    If the file is already gone to the DPP, the Gardaí can submitt an extention to the file and new recommendations. If the evidence suggests a lower charge, the DPP can have the first dropped and re charge with the lower ones.

    If the file is already sent. Do the Gardai have to forward the"new" evidence? Or is it a case of they would be happy to let the case go to trial, just to prove guilt or not?


  • #4
    Hooch
    Registered Users, Registered Users 2 Posts: 4,957 ✭✭✭Hooch


    chem wrote: »
    If the file is already sent. Do the Gardai have to forward the"new" evidence? Or is it a case of they would be happy to let the case go to trial, just to prove guilt or not?

    We would have a professional obligation to inform the DPP. If it went to court and it came out AGS had additional infomation that the DPP was not privy to, the investigating member would be in breach of disapline.


  • #5
    chem
    Registered Users, Registered Users 2 Posts: 1,230 ✭✭✭chem


    Interesting stuff. So lets say. some one was arrested, released (wthout charge) then produced evidence to say that they were 20 miles away and at work (for talks sake) when the crime took place. Its still up to the DPP to make the call? It seems like a waist of the DPPs time. Can the local Gardai not make the call?


  • #6
    Victor
    Registered Users, Registered Users 2 Posts: 78,575 ✭✭✭✭Victor


    It is likely to have gone to the DPP because it is either an indictable offence or on a point of law. If an alibi comes up, then sure the Garda is going to pass on that information, but they still can't decide, because its now in the hands of the DPP.

    Of course, after the fact alibis will be severely questioned.


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