The move by the Director of Public Prosecutions (DPP) to give reasons for not prosecuting certain types of cases has today drawn a broad welcome from the Opposition and Dublin Rape Crisis Centre.
The DPP has decided to give reasons for decisions not to prosecute to the families of victims of crimes involving death in a move that will apply to alleged offences committed after today.
The decision follows a nine-month consultation process begun by a discussion document on the subject published by the DPP, James Hamilton, last January.
The offences concerned will cover murder, manslaughter, infanticide, fatalities in the workplace and fatal traffic accidents. However, reasons may not be given where this could expose potential witnesses or others to injustice.
The Dublin Rape Crisis Centre (DRCC) said it broadly welcomed Mr Hamilton's decision in relation to an alleged offence resulting in death and the relief it would hopefully bring to those closely connected to the deceased.
However, Ellen O'Malley-Dunlop, chief executive of the DRCC, added: "We are very disappointed that he [Mr Hamilton] did not include rape and other sexual crimes in this project which will run until January 2010 and then will have to be evaluated.
"The DPP said that he would then give consideration to extending the policy to include other serious cases including sexual crimes. So what we are looking at realistically, is that the victims of sexual crimes will have to wait at least another two years, before the giving of reasons for decisions may be considered, in cases of sexual crimes," she added.
"Unfortunately this is not good news for the victims of sexual crimes."
Ms O'Malley-Dunlop also urged the Government not to make any cuts in the offices of the DPP "so that the victims of crime can be confident in the knowledge that this office is taking their plight seriously and is open to change. "
The new DPP policy will be monitored and evaluated, and is likely to be extended to other serious crimes, notably sexual offences, in the light of feedback.
Fine Gael children’s spokesman, Alan Shatter TD, welcomed the DPP move to improve victims’ rights.
Mr Shatter said the DPP’s decision reflects provisions contained in the Fine Gael Victims’ Rights Bill 2008 voted down by the Government last June.
"James Hamilton’s action is a welcome contrast to the Minister for Justice’s opposition to Fine Gael’s Victims’ Rights Bill, and the Minister’s failure to recognise the importance to victims of being kept properly informed or given reasons for decisions made."
He continued: "While bereaved family members will be informed why no prosecution is initiated after a homicide under the DPP’s scheme, we still do not have statutory provisions in place which confer the right on bereaved family members and homicide victims to make a victim impact statement to the courts following conviction."
Mr Shatter pledged a Fine Gael Private Members' Bill on the issue shortly.
Elsewhere, Fine Gael justice spokesman Charlie Flanagan TD has accused the Government of undermining the criminal justice system.
“The DPP has issued a chilling warning that it will be impossible to continue providing an effective service if his office faces staff cutbacks next year as a result of Budget 2009," he said.
"Mr Hamilton has already had to abandon plans for a new unit to explain the reasons for not prosecuting crimes. He has now warned that some criminal cases will not be prosecuted because of the cutbacks," Mr Flanagan continued.
“This is terrible news for victims and strikes at the heart of the criminal justice system. . . . The cutbacks in Budget 2009 are some of the most ill-thought out and punitive measures ever imposed," he added.
The DPP’s office, which has been reviewing the issue of informing relatives, had planned to set up a unit to examine whether explanations should be given.
However, with strict limits on public spending the plan has been shelved. The DPP said there is a great desire for the change, and his office received 82 submissions on the plan.
Outlining reasons for the shift in policy, the DPP’s office said: “The director is well aware that bereaved families feel a particularly acute need to ensure that everything that can be done has been done.
“Of course this is true in respect of all victims of serious crime. However, in the case of victims who can no longer speak on their own behalf this is a particularly heavy burden borne by the family and friends of the deceased.”
