Appealing a decision made by DPP

BigBelly

Just wondering if this can be done?
A file was sent to the DPP and they made the decision not to take it further based on lack of evidence. However; since then I have come across a case going to court that has much less evidence.
Is there anyway their decision can be appealed ?

dermot_sheehan

The decision of the DPP whether or not to prosecute is not amenable to judicial review.

BigBelly

So effectively there is nothing more that can be done?

dermot_sheehan

If you are the victim or family of the victim you are entitled to write to the DPP asking him to reconsider.

Alternatively it is theoretically possible to take a private prosecution in the district court, but you would have to prove the case yourself beyond a reasonable doubt and the maximum penalty if the DPP doesn't agree to it going to the circuit court is 12 months in prison.

Olduvai

I thought I heard that in limited cases the DPP will give victims or their families reasons for the decision not to prosecute.

I think it is or was part of a pilot initiative to make the office of the DPP more open and transparent.

BigBelly

Thanks for the information it is very much appreciated. We were given possible reasons by the Garda involved but never a concrete one from DPP.

Thanks again