No word back from Dpp in 9 weeks

5620SB

Hi,
I have made statement to garda 9 weeks ago as someone had put in a complaint..i was told that the file would go to Dpp and I may or may not hear back from them. Its been 9 weeks and I heard nothing.
I don't kno what to do as the accusation is quite serious and I obviously told the truth to garda and went to a solicitor who advised me to carry on with life as accusations were nothing that could be proven and Dpp would not prosecute as it suffers from evidential difficulties, because the main witness has died. It's on my mind constantly and I'm just wondering how long does it take for Dpp to make decision and as I'm accused do i get correspondence from them or garda to say I'm not bern prosecuted...can i ring the detective that took my statement..where do i go from here as this waiting and worrying is taking its toll on me
Thank you

nuac

Mod
Your solicitor will advise you.
Leaving open for now for any procedural points

Victor

More a practical than legal comment.

5620SB wrote: »

It's on my mind constantly

If it is troubling you, do you have someone you can talk it over with? Your GP might be able to recommend a counsellor.

Mr. Incognito

DPP turnaround is about 6-8 months depending on severity of the crime.

If the main witness has died it might be very old in which case it is very unlikely to be prosecuted. The guards are experienced enough and if he told you that it's very likely.

9 weeks is nothing.

NUTLEY BOY

Not legal advice - just a quick summary of the working principles.

It is the DPP who decides what charges, if any, will be brought. Gardaí might offer a helpful observation but it is not their decision.

If proceedings issue it will be a court that decides what is or is not the truth. I accept that OP is truthful but make the point that this is an issue decided objectively by a judge or a jury.

The prosecution has to establish it's case beyond reasonable doubt. Additionally, the DPP will need to look at the collected evidence in the round and ask if there is a reasonable prospect of securing a conviction. If it looks like the required burden cannot be met or that there is no realistic hope of securing a conviction the matter will not proceed. Absence of a principal witness is a killer as others have pointed out.

Tactically, it would not be wise to check regularly with Gardaí or even the DPP's office as that might be construed the wrong way. Leave it sit for now. If the DPP is going to proceed an accused will know soon enough even allowing for the turn around time for a decision.

BTW I trust that OP's statement was made under caution and or with the assistance of a solicitor or at least the offer of a solicitor.

5620SB

NUTLEY BOY wrote: »

Not legal advice - just a quick summary of the working principles.

It is the DPP who decides what charges, if any, will be brought. Gardaí might offer a helpful observation but it is not their decision.

If proceedings issue it will be a court that decides what is or is not the truth. I accept that OP is truthful but make the point that this is an issue decided objectively by a judge or a jury.

The prosecution has to establish it's case beyond reasonable doubt. Additionally, the DPP will need to look at the collected evidence in the round and ask if there is a reasonable prospect of securing a conviction. If it looks like the required burden cannot be met or that there is no realistic hope of securing a conviction the matter will not proceed. Absence of a principal witness is a killer as others have pointed out.

Tactically, it would not be wise to check regularly with Gardaí or even the DPP's office as that might be construed the wrong way. Leave it sit for now. If the DPP is going to proceed an accused will know soon enough even allowing for the turn around time for a decision.

BTW I trust that OP's statement was made under caution and or with the assistance of a solicitor or at least the offer of a solicitor.

Still nothing back from Dpp( over 3mths now) but I guess I won't receive anything to tell me there will be no prosecution...

Under His Eye

Nope. It will just go all quiet. Kind of unfair really.

Edgware

5620SB wrote: »

Still nothing back from Dpp( over 3mths now) but I guess I won't receive anything to tell me there will be no prosecution...

I think it would be reasonable for your solicitor to enquire from either the Garda superintendent or DPP.
The dpp mightnt even have got the file yet.

nuac

Mod
Leave it to your solicitor to keep in touch with DPP and advise you
Closed