Written answers

Tuesday, 14 October 2008

Department of Justice, Equality and Law Reform

Criminal Investigations

12:00 pm

Photo of Joe CostelloJoe Costello (Dublin Central, Labour)
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Question 177: To ask the Minister for Justice, Equality and Law Reform his views on whether persons may have been convicted on information supplied by people who are not registered informants; if he will conduct a review of such potential cases; and if he will make a statement on the matter. [34661/08]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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I am informed by the Garda authorities that information received by An Garda Síochána from any source is subjected to evaluation which will determine the nature and extent of action required.

As the Deputy will appreciate I have no role in the investigation or prosecution of cases. This is a long standing principle of our system of justice. The role of the Gardaí is to investigate alleged offences, to gather whatever evidence may be available and to submit a report to the Director of Public Prosecutions. The question of whether or not a particular person should be prosecuted and for what criminal offence is the responsibility of the DPP. The Director, who is independent in the performance of his functions, makes his decision on the basis of the Garda findings viewed against the background of common and/or statute law.

People are convicted in court on the basis of the evidence presented in court. Decisions on the admissibility of evidence are made by the court, and the jury or the court, as the case may be, decides on the guilt or innocence of the person charged.

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