Oireachtas Joint and Select Committees

Thursday, 31 March 2022

Joint Oireachtas Committee on Gender Equality

Recommendations of Citizens’ Assembly on Gender Equality: Discussion (Resumed)

Ms Noeline Blackwell:

I will come back in on that again. The real risk that the person takes is that the case will not proceed. The investigators will say that they do not have access to those notes, so they do not have the full story. The Director of Public Prosecutions, DPP, has the discretion to decide whether to proceed or not. That is the real risk they run if they do not hand over their notes and that is the pressure they feel under. The actual section has not been tested much because it is, for the most part, irrelevant because in most cases, the deal is done before the decision to prosecute is taken at all. I am not sure if perhaps it would or would not be negative. It could be presented in a very positive way, but I believe it has only been tested twice, and in most peculiar circumstances in both cases.

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