Making deals with Gardai

Gormley85

Ive been wondering about this and Im not sure how exactly this works.

Suppose theres a criminal gang. Garda Siochana will try and nab one and then give him a deal... give up the rest of the gang and you'll get a favourable sentence.

How does this deal work?

Gardai arent the people who pass the sentence. So surely its only a judge who could make an offer of an easy sentence? Or maybe Gardai strike a deal of sorts with the DPP... so the DPP would only put him in front of a judge for bodily harm and leave out the demanding money with menace bit type of thing?

Edit: Just thought Id add... no Im not in trouble :P Im just curious really how it works.

Pat Mustard

Plea bargains are not recognised under Irish law. Any deal with Gardai would be an informal deal whereby someone would cooperate with police and Gardai would outline this cooperation to a court, to be taken into account at sentencing.

Alternatively, it is possible that Gardai might agree not to pursue certain issues in return for cooperation. This might result in certain matters being dismissed by a court on the application of the State or such matters not being prosecuted in the first place.

Gormley85

The Mustard wrote: »

Plea bargains are not recognised under Irish law. Any deal with Gardai would be an informal deal whereby someone would cooperate with police and Gardai would outline this cooperation to a court, to be taken into account at sentencing.

Oh really? I didnt know that. What about Charles Bowden (think thats his name), did he not a strike a deal to hand over the John Gilligan gang?

conorh91

Gormley85 wrote: »

Suppose theres a criminal gang. Garda Siochana will try and nab one and then give him a deal... give up the rest of the gang and you'll get a favourable sentence.

How does this deal work?

That sounds more like advice than a deal.

One way Gardai might potentially influence sentencing is by prosecuting a person on a lesser charge in the District Court, or by influencing the DPP's approach, for example by suggesting coercion or duress, e.g. the use or threat of violence or deceit by senior gang members.

This post has been more informed by Love/Hate than anything I've learned or seen in practice. I've no idea whether Gardai do this ; their methods whilst detecting crimes are somewhat separate to the comparatively formal approach that is taken when a prosecution comes before the courts. And so it should be.

Pat Mustard

Gormley85 wrote: »

Oh really? I didnt know that. What about Charles Bowden (think thats his name), did he not a strike a deal to hand over the John Gilligan gang?

Charles Bowden got a deal alright.

No charges for murder were brought against him in exchange for his cooperation in giving evidence against other gang members. He pleaded guilty to certain other charges and after he served his prison sentence, he was sent abroad under the witness security programme.

In relation to him not being prosecuted for murder, I'm not aware of any legislation which could confer immunity from prosecution. Feel free to correct me if you can point to legislation to that effect.

conorh91

Asking for legislation is a bit unfair because, like many aspects of the criminal law, grants of immunity arise out of the common law. They are very-much recognized in Irish law, perhaps most formally in the law on cartels.

Nevertheless, immunity does not arise here since the OP refers to more lenient sentencing, so we have to presume a conviction.

Pat Mustard

What is the basis for it under common law?

conorh91

The common law origins of such deals are outlined in Chapter 2 of A history of English criminal law and it's administration from 1750. I would presume the decision to advance a grant of immunity has taken-on a constitutional element since 1937, given the independence enjoyed by the Attorney General in the functions of its office.

References to such grants of immunity can be observed in the criminal courts, and appear to be publicly admitted by the DPP itself.

Although interesting, I doubt this is relevant to the OP.

Pat Mustard

Thanks for that. I should have specified that I meant Irish law.

Also see this from Sean O' Conaill, UCC law dept:

Unlike the United States, there does not exist a formal structured plea bargaining system in Ireland whereby an accused can obtain a guarantee of a short sentence or in some cases immunity from prosecution based on co-operation with the prosecutor.

conorh91

I would agree with him in the sense that ours is not formal, and it is not structured, but it certainly exists. Perhaps there is no formal basis for it, but neither the DPP nor the courts seem to conceal it.

By its nature, a grant of immunity is something that is unlikely to come before the courts. Nevertheless, it gets plenty of mentions both inside and outside the courts.

conorh91

See also chapter 12 O' Malley (The Criminal Process) on immunity in competition law.

See also
http://www.tca.ie/EN/Enforcing-Competition-Law/Cartel-Immunity-Programme.aspx

References to immunity in 'ordinary' criminal law may be found online in irish court judgments, but criminal law being as it is, these tend to be the judgment of appellate courts.

Pat Mustard

I agree that plea bargains exist in practise.

It would be interesting to see the ultimate result if the DPP attempted to renege on one of those informal 'plea bargains'.

conorh91

I share (what I suspect is) your skepticism regarding the courts being bound by any assurance of the AG/ DPP.

I only believe that the DPP is entitled to commit to an assurance in the form of a grant of immunity in the sense that he or she will not prosecute; not that such a grant is irreversible, should the DPP wish to renege, or should circumstances change. Nor do I believe that the courts are somehow obliged to uphold such an assurance in the event of a change of opinion by the DPP/ AG.

This is an area of law on which too little has been written; the possibilities are vast.

234

I would imagine that it would be covered by legitimate expectation and an administrative decision by a public body.

hullaballoo

This is treading close to an issue I've never fully understood so I might as well ask now. The DPP is entitled to discontinue a prosecution of which the court already had seisin by entering a "Nolle Prosequi", which has always been described to me as a non-binding decision to drop the charges effectively.

The fcuk does that mean? How could the DPP ever seek to take the prosecution back up again after entering a nolle prosequi?

I ask in the full knowledge that there's a dearth of criminal lawyers here but maybe someone has encountered this.

Victor

The Mustard wrote: »

Thanks for that. I should have specified that I meant Irish law.

Also see this from Sean O' Conaill, UCC law dept:

Unlike the United States, there does not exist a formal structured plea bargaining system in Ireland whereby an accused can obtain a guarantee of a short sentence or in some cases immunity from prosecution based on co-operation with the prosecutor.

The fixed charge notice / penalty points system has an element of plea bargain - plead guilty early and pay an administrative fine and you won't be prosecuted.