DPP calls for unit to address legal policy issues

The Director of Public Prosecutions, James Hamilton, has called for the setting up of a dedicated legal policy unit within his office.

He said that since his office was established, professional staff had devoted almost all of their time either to prosecution file work or to presenting cases in court.

"With the increasing complexity of the criminal justice system, my professional staff are now regularly being called upon to address matters of legal policy.

"To date, this has been managed from within existing resources. However, I am of the opinion that it is now time to establish a dedicated legal policy unit to address these issues in a more structured and focused way. This is an area I intend to prioritise in our strategy statement 2007 - 2010."

His office's annual report for last year revealed that no prosecution was directed in the case of 37 per cent of files received.

Prosecution in the Circuit, Central or Special Criminal Courts was directed in the case of 29 per cent of files, while offences were prosecuted in the District Court in 30 per cent of cases.

Another 4 per cent of files were under consideration.

Insufficient evidence was the reason not to prosecute in 75 per cent of cases, the report said. The juvenile diversion programme, public interest and expired time limits each accounted for 5 per cent of reasons not to prosecute. In addition, "sympathetic grounds" accounted for 2 per cent of cases, and "other reasons", which were not specified, accounted for 8 per cent.

The report revealed that in 2004, there were convictions in 59 per cent of prosecutions on indictment, with acquittals totalling 4 per cent, while 32 per cent have not yet been heard, and 5 per cent were struck out or discontinued. The majority of cases for last year have yet to be dealt with.

Mr Hamilton said his office's improved service would be further enhanced with the transfer of responsibility for the State Solicitor's service from the Attorney General to himself, as was recommended in the report of the public prosecution system study group.

"While I am disappointed that the transfer has not yet taken place, negotiations are currently going on. It is hoped that they will reach a conclusion during 2006, and I look forward to the positive impact that this will have on the prosecution service generally."

Mr Hamilton said that having drawn attention in the past to the difficulties arising from his office being split over two locations, he was pleased to announce that it was decided to site his office in a building next to the new criminal courts complex currently under development.

"Unfortunately, however, this move to a single headquarters is still some years away."

Mr Hamilton noted that his office had emphasised the necessity for support to be provided to victims, particularly in court.

Courts, he said, could be an extremely stressful environment for victims and their families.

Mindful of this, his office had made a number of submissions to the Commission for the Support of Victims, since its establishment in March 2005, and had also made submissions in various forums regarding the facilities and arrangements for victims in court.