DPP and Garda in talks over procedures

The Director of Public Prosecutions (DPP), Mr James Hamilton, and the Garda Commissioner, Mr Noel Conroy, have entered into talks to reform the relationship between the DPP's office and An Garda Síochána.

Mr Hamilton said clear time frames need to be laid down for the processing of files which come to the DPP's office. Some files prepared by gardaí are often "quite unmanageable in terms of bulk".

Mr Hamilton also favours the introduction of a raft of measures which would protect victims of crime and their families when cases reach court.

In 90 per cent of cases where a prosecution does not proceed, it is because of a lack of key evidence or because evidence is missing.

In his first interview since he took office in 1999, which features in the autumn issue of the Garda Times, Mr Hamilton also said the State needs to look to international best practice to cut delays in cases reaching court.Delays are particularly bad in cases of child sex abuse.

He said there is room for greater co-ordination between all the State agencies, including the Garda, Court Service and DPP's office. The availability of statistical information on criminal cases is particularly difficult to obtain. "There is a tendency for us all to do our own thing and not necessarily co-ordinate properly. We need to decide what formats do we want the files to come to us from gardaí, what sort of time- frame we operate under and so forth.

"What I have in mind would be something along the lines of a permanent liaison committee between an Garda Síochána and [the DPP's\] office, which could meet on a month-by-month basis."

Consultation has already begun with Victim Support on reforms which would improve the way victims are treated in court. "I find it quite unacceptable that proper provision isn't made to ensure that victims don't have to be exposed to the alleged wrongdoer and their families in court. I think there should be somewhere they can sit and somewhere separately where the accused sits.

"I certainly don't hold with the views that were put forward by one High Court judge that the accused should be able to sit wherever he likes in court. We have had examples of victims having to sit almost next to the accused, or the accused's family. That's a very intimidatory thing."

On the preparation of files by gardaí for the DPP, Mr Hamilton said standardised formats need to be introduced. "From my own experience of looking at this, the quality can vary quite a lot. Sometimes it can be extremely good and other times, I have to say, it can be extremely poor. But that may be because people don't always know exactly what is expected of them."

On the DPP's practice of not explaining why prosecutions do not happen in certain cases, Mr Hamilton said: "It's an area I need to look at again.

"It is something I would like to be able to do something about. I don't feel particularly comfortable with the current system. I certainly want to look at what other people have done and see whether we can find a way to improve the situation without stating the reasons publicly and whether we can be more forthcoming with victims themselves in private. But it may not be possible . . . I don't want to hold out too many hopes on that."