Written answers

Tuesday, 20 February 2024

Department of Justice and Equality

Road Traffic Offences

Photo of Jim O'CallaghanJim O'Callaghan (Dublin Bay South, Fianna Fail)
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404. To ask the Tánaiste and Minister for Justice and Equality the policy decision of An Garda Síochána in respect of prosecuting minor road traffic offences when they are brought to the attention of An Garda Síochána by members of the public who have witnessed and have video evidence of such offences; and if she will make a statement on the matter. [7447/24]

Photo of Helen McEnteeHelen McEntee (Meath East, Fine Gael)
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As the Deputy will appreciate the enforcement of road traffic legislation is an operational matter for An Garda Síochána. In addition, the Director of Public Prosecutions (DPP) is fully independent in her functions under Section 2 (5) of the Prosecution of Offences Act 1974 (as amended). As the Office of the DPP is not an agency under my remit as Minister for Justice, I have no role in the operations, functions, oversight or governance of that Office.

I have contacted the Garda authorities and have been advised that all footage being used by An Garda Síochána in criminal proceedings is classed as real evidence and must be proved as such in any prosecution. The person who records and subsequently provides the footage to An Garda Síochána is required to supply a witness statement to a member of An Garda Síochána in person. This is required in order to prove the recording and continuity of the footage, as well as the details of dates, times, places and any other relevant information which they may have witnessed.

Prosecution of such offences are dealt with in the same manner as other offences reported to An Garda Síochána in line with organisational protocols for the reporting, investigating and subsequent prosecution of offences.

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