DPP

SILVAMAN

What are the options when a file sent to DPP comes back with a decision not to prosecute? The Inspector who sent the file recommended no prosecution, yet the investigating gardai felt the evidence was unambiguous and expected that it would result in a prosecution.
In fact, the Inspector rang me before he sent the file, saying it was a minor incident.It was clear to me that he was either thick or hadn't actually looked at all the(video) evidence and I challenged him on this. It's a real eyeopener on our justice system.

4ensic15

SILVAMAN wrote: »

What are the options when a file sent to DPP comes back with a decision not to prosecute? The Inspector who sent the file recommended no prosecution, yet the investigating gardai felt the evidence was unambiguous and expected that it would result in a prosecution.
In fact, the Inspector rang me before he sent the file, saying it was a minor incident.It was clear to me that he was either thick or hadn't actually looked at all the(video) evidence and I challenged him on this. It's a real eyeopener on our justice system.

Private prosecution.

Little CuChulainn

If he took the time to ring you and contradict the Gardas recommendation then he probably did review the file. Some of them just rubber stamp it through the channels. Unfortunately what can feel like a major incident to a victim can sometimes be a minor one criminally. Or what feels like strong evidence to an investigator might be useless to a prosecutor.

Dublinensis

You could 1) bring a private prosecution or 2) start judicial review proceedings in the High Court to try to force the DPP to prosecute. Both options, however, are restrictive and financially risky and I would not do either without first getting legal advice.

However, and provided that the DPP's decision was made on or after 16 November 2015, the safer, easier and cheaper option might be 3) to use the DPP's internal process, which allows you both a) to obtain a summary of the reasons for the decision and b) to have a fresh decision on the file made by a lawyer in the DPP's office who was not involved in the making of the initial decision.

I can't post the link, but if you go to dpp.ie and click on "Victims and Witnesses" and then on "How to Request Reasons and Reviews", you should see a detailed explanation.

NUTLEY BOY

4ensic15 wrote: »

Private prosecution.

Procedurally, what happens if a complainant presents a private prosecution ?

I thought that a private prosecution always ended up back in the hands of the DPP anyway to take it over if a prima facie case is made out. Also, I always understood that taking it over could extend to empower the DPP to drop a prosecution.

Fred Swanson

This post has been deleted.

coylemj

NUTLEY BOY wrote: »

Procedurally, what happens if a complainant presents a private prosecution ?

I thought that a private prosecution always ended up back in the hands of the DPP anyway to take it over if a prima facie case is made out. Also, I always understood that taking it over could extend to empower the DPP to drop a prosecution.

My understanding is that you can push a private prosecution all the way to a conclusion (guilty or not guilty) in the District Court but if the judge sends it up to the Circuit Court, the DPP will get involved and when she or someone in her office sees that a decision was already taken to not prosecute, it will go no further.

coylemj

Dublinensis wrote: »

You could 1) bring a private prosecution or 2) start judicial review proceedings in the High Court to try to force the DPP to prosecute.

Has this ever happened - the High Court directed the DDP to take a prosecution?

I know there was a case a few years ago where an active prosecution was stopped because it transpired that although no new evidence had come up in the interim, a decision was taken to prosecute a case where there had previously been a decision not to prosecute.

The case to block the prosecution was taken on the basis that some lobbying had been carried out on the local Garda superintendent or to the office of the DPP and in the absence of new evidence, the original decision (not to prosecute) should have been allowed to stand. The court agreed and stopped the prosecution.

Pro Hoc Vice

coylemj wrote: »

My understanding is that you can push a private prosecution all the way to a conclusion (guilty or not guilty) in the District Court but if the judge sends it up to the Circuit Court, the DPP will get involved and when she or someone in her office sees that a decision was already taken to not prosecute, it will go no further.

Some matters are summary only and can be prosecuted only in DC. Some matters are Indictment only and while a private prosecution can start the process the DPP must take it over and do what it wishes. Some crimes are hybrid can be either summary or indictment depending on the DPP, the judge or the accused.

4ensic15

NUTLEY BOY wrote: »

Procedurally, what happens if a complainant presents a private prosecution ?

I thought that a private prosecution always ended up back in the hands of the DPP anyway to take it over if a prima facie case is made out. Also, I always understood that taking it over could extend to empower the DPP to drop a prosecution.

It depends on whether the offence is summary only, either way or indictable.
The DPP doesn't get involved in summary only. the Dpp does try to get into either way but if the DJ accepts jurisdiction she can't do anything. Only indictable offences are controlled pretty fully by the DPP.