DPP file referrals peak amid staff cuts

THE Director of Public Prosecutions received a record number of files last year despite staff cuts which have placed a “heavier burden” on employees.

The DPP’s annual report, published today, also shows that a third of suspects were prosecuted in cases where files were processed, with no prosecution in another third of cases, while the remaining cases were the subject of summary disposal and heard at district court level.

The main reasons for no prosecution is insufficient evidence, accounting for 3,018 cases dating from last year, or 77% of all cases where there was no prosecution. The second main reason for a direction not to prosecute was public interest, in 284 cases. A smaller number of cases were not progressed because of an undue delay, the expiry of a time limit, or on sympathetic grounds.

In all, the DPP’s office received 16,140 files last year, involving 11,537 individuals — a record. The office is processing the cases at a similar pace to recent years, with 50% of directions issued within two weeks and 16% ofdirections provided between two and four weeks. One hundred cases, or 1% of the total number of directions, took more than 12 months to process.

In his foreword to the annual report, DPP James Hamilton said the pilot scheme launched last year, whereby reasons were provided for decisions not to prosecute in cases where there is a fatality, will now have to be extended.

He said because of the time lag between the commission of an offence, its investigation and the eventual decision not to prosecute, “so far requests have been received in only a small number of cases”.

The pilot was due to end on January 1 and then be evaluated but this will now be extended. Mr Hamilton said so far the response to the pilot has been “overwhelmingly positive”.

Mr Hamilton also mentioned reductions in his office’s budget, such as the cutting of fees to solicitors and barristers. He said staff cuts “have effectively placed a heavier burden on every member of the office”. In June 2008 the DPP’s office had 197.6 full-time equivalents, but as of last month four posts had been lost, resulting in 193.12 full-time equivalents.

He said he was unsure when the office would find itself located entirely under one roof, and that the current two building set-up was “a real source of waste and inefficiency”.

The DPP was promised a single office location alongside the Chief State Solicitor’s Office eight years ago, “but unfortunately this has failed to materialise”.

Regarding case results, 62% of prosecution cases in 2007 led to a conviction, down from 70% the previous year, although there were fewer cases struck out or acquitted. There was a fall, to 75%, in the percentage of convictions in 2007 for fatal offences, but an increase in the conviction rate for offences against property, sexual offences and road traffic offences.

There was also a 8% cut this year in counsel’s fees, leading to an overall cut of 14% imposed on barristers dealing with DPP cases.