Matt Carthy (Cavan-Monaghan, Sinn Fein)
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166. To ask the Taoiseach the circumstances in which a person may request a summary of reasons for a decision not to prosecute by the Director of Public Prosecutions; the relevant legislation which underpins same; and if he will make a statement on the matter. [13035/25]

Micheál Martin (Cork South-Central, Fianna Fail)
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Section 2 of the Prosecution of Offences Act 1974 explicitly provides that the Director of Public Prosecutions (DPP) shall be independent in the performance of their functions. One of the ways that effect is given to this independence is that funding for the Director’s Office is provided through a separate Vote; Vote 5 – Office of the Director of Public Prosecutions. While I have a role in presenting Estimates for Vote 5 to the Oireachtas annually, neither I nor officials in the Department of the Taoiseach exercise any control in relation to how the Director discharges their functions.

I am advised by the Office of the DPP that the circumstances in which a person may request a summary of reasons for a decision made by the DPP not to prosecute are as follows:

A person can ask the DPP for reasons for a decision not to prosecute or for a review of that decision if they are:

· a victim of crime*;

· a family member of a victim in a fatal case; or

· a solicitor acting on behalf of either of the above.

There is a 28-day time limit within which to request a summary of reasons. This is to ensure the fair and efficient administration of justice and to balance the rights of the victim with those of the suspect. In some cases, the time limit may be extended but only if there is good reason and it is in the interests of justice to do so.

The relevant legislation which underpins this is the , which establishes the rights of victims of crime to certain information and to certain protections during investigations and criminal proceedings. These include the right of victims to request reasons for decisions not to prosecute () and subsequent reviews of those decisions ().

More information on this matter can be found in chapter 12 of the and on the Victims and Witnesses section of the Office of the DPP website, www.dppireland.ie.

* The Criminal Justice (Victims of Crime) Act defines a ‘victim’ as:

(a) a natural person who has suffered harm, including physical, mental or emotional harm or economic loss which was directly caused by a criminal offence

(b)family members of a person whose death was directly caused by a criminal offence and who have suffered harm as a result of that person’s death.