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Electronic disclosure drives up efficiency – DPP

Electronic disclosure for defence solicitors began as a pilot project in the office of the Director of Public Prosecutions (DPP) in 2018.

The DPP’s annual report says that the move allows defence solicitors and its own prosecution counsel to access all the relevant unused material in a case (relevant investigative material not proposed to be introduced as evidence) confidentially by secure file transfer.

This has made an enormous difference to the efficiency of the process, the DPP says, as disclosure in a single case can be voluminous due to advances in technology and social media.

Procedural rights 

Last year was the first full year of implementation of the Criminal Justice (Victims of Crime) Act 2017, and the victim now has a broader range of procedural rights during court proceedings.

Training sessions for prosecutors have been carried out across the country to raise awareness of the various special measures that might be appropriate in individual cases.

The Act’s requirements mean that all criminal justice agencies involved must ensure that these special measures and procedural rights are embedded nationwide.

The DPP’s Office also began analysis of the benefits of setting up a dedicated, integrated and specialised unit to deal with sexual offences from decision to prosecute to the conclusion of the trial.

Currently different stages of the prosecution process are managed within different units which means a lack of continuity in handling very sensitive and complex cases.

Dealing with sexual offence cases within the specialised unit will be more resource intensive, the DPP says, but full funding is being made available.

Resource-intensive approach

An additional ten posts, seven legal and three administrative, have been sanctioned to offset this more resource-intensive approach.

All sexual offences prosecuted in the Central Criminal Court and in the Dublin Circuit Court will be managed from beginning to end within this new unit.

The unit will make prosecutorial decisions on all sexual offence cases originating outside of Dublin, and will take the lead in setting policy for all aspects of the handling of these cases nationwide, and particularly the experience of victims.

Last year, the Government accepted in principle recommendations that the practice of the Garda Síochána presenting cases in the District Court should cease.

Decisions

All prosecutions decisions will be taken away from the Garda Síochána.

At present Gardaí at Inspector and Superintendent rank make a significant number of prosecutorial decisions in more minor matters under section 8 of the Garda Síochána Act 2005.

To implement this will require a major reorganisation of the prosecution service and expanded staff numbers.

The number of prosecution files received by the DPP has remained largely static over the last sixteen years, from 14,696 in 2003, to 14,854 in 2018, peaking at 16,144 in 2008.

In 2018, the DPP solicitors' division dealt with 1,110 District Court prosecution files, 2,947 appeals from District to Circuit Court, 1.559 High Court bail applications and 172 Judicial Review applications.

Files received on a decision to prosecute basis totalled 9,066 in 2018, with 11,645 suspects the subject of those files.

No prosecution was directed in 4,555 files in 2018, with indictment directed in 3,511 file and summary disposal directed in 3,375 files. A further 204 files were under consideration at the tine of writing the report.

Insufficient evidence is the main reason listed for a decision not to prosecute, with a withdrawal of complaint in second place. The public interest is cited as a reason not to prosecute in 81 instances, an adult caution given in 68 instances and the juvenile diversion programme in 60 instances.

There are high conviction rates for offences such as burglary, fraud, robbery, theft and other offences against property with road traffic offences showing a similarly high conviction rate.

In 2017 there were fifty child pornography cases with a 100% conviction rate, fifty-eight sexual assault cases with an 86% conviction rate, six cases of sex with an underage girl, with a 100% conviction rate, and 23 other sexual offences with an 87% conviction rate.

Drugs, (407), firearms, (89), non-fatal offences against the person (479) and public order offences (149) all saw similarly high conviction rates of 99%, 94%, 90% and 95% respectively.