released without charge file sent to DPP

Fred Swanson

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diceyreilly

Free to do as he or she chooses.

Cody Pomeray

Someone who is in questioning in relation to a relevant offence may appear to have been released without charge (and may be reported as such in the national media), but this individual may simply have had their detention suspended under the Criminal Justice Act 1984 as amended by the Criminal Justice Act 2011 (Section 3A).

This might have happened where the police are seeking direction or authorisation from the DPP, and need to release the suspect pending ongoing questions or investigations, especially those of a technical or a legal nature.

In accordance with the 2011 amendment, a suspension of detention may last for a period of up to 4 months. The suspect may to what he pleases to an extent - failure to reappear at the Garda station when he is next sought would result in a summary conviction, a Class A fine and/ or a prison sentence.

So there may be no direct "Don't leave town" provision, but it may be implicit.

Fred Swanson

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Pro Hoc Vice

Fred Swanson wrote: »

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Is it safe for a person to get on with their life and act as if there is no issue, then the answer is yes. Is it safe to assume that there will not be a prosecution in the future, then the answer is no.

michael999999

I thought there was a right to a speedy trial?

In this case it seems a summons hasn't even been issued!

jane82

Unless its something pretty serious Id say this person is in the clear unless some new evidence magically appears.

Lmklad

Fred Swanson wrote: »

Sorry to revive this thread.

We are now 3 years since arrest and release and no sign of the DPP doing anything. Is it safe to say that the matter is now closed?

To put your mind at ease I'd write to the DPP to clarify. Depending on what the alleged offence was that could have been your local superintendent.

Valentine1

Fred Swanson wrote: »

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Technically there is noting to stop the DPP from bringing a prosecution 30 years after the event so it can't be said that a matter is closed.

However as mentioned above if the delay between the event and the prosecution means that it is not possible for the accused to have a fair trial the prosecution will be thrown out by the judge. eg where the passage of time means that key witnesses are Dead or unable to give reliable evidence.

Pro Hoc Vice

michael999999 wrote: »

I thought there was a right to a speedy trial?

In this case it seems a summons hasn't even been issued!

The matter is indictment if it has gone to the DPP, I would very much doubt that 3 years would ground a delay argument.