One-third of suspects escape DPP prosecution

MORE than one-third of suspects named in files sent to the Director of Public Prosecutions were not prosecuted last year, the office’s annual report has revealed.

The DPP received almost 16,000 files last year, the vast majority of which related to the prosecution of criminal cases and more than 12,500 suspects.

No direction was given in respect of 4,412 suspects, citing insufficient evidence in 3,312 cases.

The report also highlights results from a pilot scheme introduced by the DPP in 2008, which saw a policy change whereby reasons for a decision not to prosecute in a case involving a death could be given to a victim’s family at their request.

Under the scheme from October 2008 to June 2011, there were 19 such requests.

Of those, 14 requests related to fatal traffic accidents, one to a murder, one to manslaughter, and one to a workplace fatality.

The DPP gave 10 detailed reasons, four were declined, and five outcomes are pending.

Writing in the report, outgoing DPP James Hamilton said that the project has been successful but is “quite demanding on resources”.

Nevertheless he said the office is assessing the feasibility of extending the scheme into the area of sexual offences.

Also featured in the report is internal research carried out by the prosecution policy unit which examined trends in rape cases for the years 2005 to 2007.

Of 296 rape investigation files examined, 93% of cases relate to complaints in respect of women and girls, while 7% relate to men and boys; 24% of all complainants were under 18 years of age at the time of the alleged offence.

These files represented 28% of the total files received in 2005 relating to a sexual offence.

Of the 296 files, in 58% of the cases either the complainant or the suspect were under the influence of an intoxicant; in 17% of cases complainants withdrew their complaint; in 1% of cases the complainant admitted the complaint had been false; and in one case the suspect had died.

Of the remaining 242 cases, 66 files resulted in the decision to prosecute.

According to the report, in the vast majority of cases of a sexual nature the decision not to prosecute is based on insufficient evidence due to a combination of factors such as intoxication; issues concerning whether the complainant’s account was credible and reliable; and delay.

In 42% of cases there was a single reason for the decision not to prosecute.

In a significant proportion of cases it was stated that the reliability of the complainant’s account was undermined by high levels of intoxication. The fact that the complainant was extremely intoxicated and could not recall the alleged offence was a major factor in the decision not to prosecute.

Mr Hamilton will step down as DPP on November 7 after more than 12 years as director.

He said he found the role challenging but one which is of great importance in the legal system.

The first woman to take up the post — Claire Loftus — will become the new Director of Public Prosecutions the following day, November 8.