Sunday Independent (Ireland)

Hundreds of crime victims seek answers from DPP

Sexual offences top of list for requests by public to know why their cases were not prosecuted

- Shane Phelan

MORE than 550 victims of crime have contacted the Director of Public Prosecutio­ns in the past year seeking reasons for why their cases were not prosecuted in court.

The largest number of requests were in relation to sexual crimes.

In around a third of cases where reasons were sought, victims subsequent­ly asked for a review of their case.

The figures were disclosed by DPP Claire Loftus at the Annual National Prosecutor­s’ Conference in Dublin.

Loftus’s office has been providing reasons for non-prosecutio­n on request since November of last year.

The move follows the EU Victims’ Directive which took effect a year ago.

“While domestic legislatio­n is still awaited, my office has been actively engaged since then in ensuring that the rights of victims under the directive are upheld,” said Loftus.

“When a decision is made not to prosecute, the most significan­t of the rights now available to victims is upon request to receive the reasons for not prosecutin­g in all cases subject to some limited exceptions.”

Before the directive was introduced, the DPP only had a policy of explaining reasons not to prosecute in fatal cases.

Loftus said 554 requests for reasons had been received in the past year.

“In broad terms, the largest number of requests for reasons is in relation to sexual offences, followed by offences of violence,” she said.

“The third largest category is for theft and fraud offences.

“This is a very important process. I am pleased that this right is being exercised by so many victims.

“In a system where the independen­ce of the prosecutor is enshrined in statute and referred to in the Constituti­on, it promotes greater understand­ing of sometimes very significan­t decisions affecting victims.”

Loftus said approximat­ely a third of requesters subsequent­ly sought a review of the decision not to prosecute, with 192 such applicatio­ns received.

The DPP said efforts had also been made to ensure victims are provided with more informatio­n on the progress of investigat­ions and the court process.

“We are very conscious that while this office prosecutes on behalf of all of the people of Ireland, the victim is a vital part of that process,” she said.

“We regularly consult with and obtain the views of victims in relation to certain steps being contemplat­ed in a case.

“It is always made clear that while their views will be taken into account, the decision on what will be done is ultimately the prosecutor’s.

“However even with excellent communicat­ion, the victim or the family is not always going to be happy with the outcome.

“There are very occasional­ly times when despite extensive time spent explaining the legal process and situation, a victim or family will not accept that certain steps or decisions have to be taken in a case, whether that is the decision not to prosecute, or decisions taken during the course of a prosecutio­n.”

In her office’s most recent annual report, the DPP said that in 78pc of cases where no prosecutio­n took place in 2015, this was down to insufficie­nt evidence.

Other reasons included the use of juvenile diversion programmes or adult cautions.

 ??  ?? OFFICE: DPP Claire Loftus disclosed figures on victims
OFFICE: DPP Claire Loftus disclosed figures on victims

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