DPP brief disappoints rape crisis group

THE Rape Crisis Network of Ireland (RCNI) has said it is “spectacularly underwhelmed” by guidelines published yesterday by the Director of Public Prosecutions (DPP) on how prosecutions should be handled.

The handbook sets out how decisions on prosecutions should be made and outlines the rights of victims of crime.

“I’m spectacularly underwhelmed,” said RCNI’s legal expert Kate Mulkearins. “I’ve not seen a single example of any particular improvements. It’s a restatement of various commitments.

“This does not address the fundamental issue, that we have a prosecutorial process that is viewed by most as incomprehensible.”

The RCNI, as well as other victims groups and families of victims, have long campaigned for greater openness in the DPP’s office regarding how decisions are made.

“The most alarming trend is the proportion of cases forwarded to the DPP not resulting in prosecutions, and we don’t know why. The lack of accountability is our key issue, most especially because of how victims read that,” said Ms Mulkearins.

She said the failure to give reasons for not prosecuting worsened the self-blame felt by victims of sexual violence.

The handbook, Guidelines for Prosecutors, states that while the views and interests of the victim were important, they were not the only consideration when deciding whether or not to prosecute. The guidelines state the policy of the office was not to disclose publicly why a prosecution was not being taken. It said in many cases, if it did so it would be tantamount to stigmatising a person who had not been tried.

Ms Mulkearins said: “I understand that there are some cases where to give reasons would amount to not being in the public interest ... but that’s the overwhelming minority in our opinion. You cannot have a system that only serves the minority.”

She said the guidelines made no reference to a review set up by DPP James Hamilton on the policy not to give reasons to victims.

“He’s said at least twice publicly he’s not happy with how this system operates, so why restate the policy?”

A spokesperson for the DPP said the review was ongoing and the current guidelines did not reflect the finding of this review.

In the Guidelines for Prosecutors, the DPP undertakes:

To have regard to any views expressed by victims of crime when making decisions whether or not to prosecute.

To examine any request from a victim for a review of a decision not to prosecute.

In appropriate cases to have an internal review of the decision by another officer.

The guidelines state that the DPP’s office does not meet victims of crime, but that victims of crime could write to them.