Oireachtas Joint and Select Committees

Thursday, 12 November 2015

Public Accounts Committee

2014 Annual Report of the Comptroller and Auditor General
Vote 3: Office of the Attorney General
Vote 5: Office of the Director of Public Prosecutions
Vote 6: Office of the Chief State Solicitor

10:00 am

Ms Eileen Creedon:

To reiterate, I will not talk about the specific case because I cannot talk about specific cases. Agricultural prosecutions are different from others in the sense that under the legislation, the Minister can bring a prosecution if it stays at District Court level. Once it moves to Circuit Court level and becomes an indictable offence, it becomes a matter for the Director of Public Prosecutions. In the cases where the Department is at the beginning of a process, it writes to my office first. If it were a minor matter going to the District Court as a ministerial prosecution, my office would have carriage of it. However, if it were a more serious matter, if it was commenced in the District Court and the judge refused jurisdiction or if it was considered from the beginning that it should go to the Circuit Court, it would be a matter for the Director of Public Prosecutions. If the Department seeks advice on that matter, I can give it advice. However, as this is a prosecution, it will take a certain course, depending on the seriousness of the matter.

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