Written answers

Thursday, 27 October 2016

Department of Justice and Equality

Court Procedures

Photo of Tommy BroughanTommy Broughan (Dublin Bay North, Independent)
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49. To ask the Minister for Justice and Equality if her Department examined any process for future legislation whereby the courts would have an appellate function in relation to decisions of the Director of Public Prosecutions; and if she will make a statement on the matter. [32417/16]

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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The Director of Public Prosecutions is independent in the performance of her functions and does not come within the remit of my Department. My Department has not examined any process whereby the courts would have an appellate function in relation to the decisions of the Director of Public Prosecutions and there is no provision in the Government's Legislative Programme for any amendment of the Prosecution of Offences Act 1974.

However, the EU Directive on the rights, support and protection of victims of crime includes a requirement for victims to be informed of a decision not to prosecute, the reasons for the decision and to have the right to seek a review of that decision. The Directive will be transposed by the Criminal Justice (Victims of Crime) Bill which is currently being drafted as a matter of priority.

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