Victims to hear why suspects are freed

Almost half the case files examined by the Director of Public Prosecutions last year were returned to gardaí with orders not to press charges.

Some 44% of the 11,692 files disposed of by the DPP in 2014 came back with directions for no prosecution. That was a 2% increase on the previous year which in turn was a 2% increase on the number in 2012.

The number in which prosecution on indictment was directed — meaning the suspect should have a jury trial in the circuit court — was down 2% on the previous year, while the number directed for summary disposal, in the district court without a jury, was down 1%.

The most common reason for directing a suspect not be charged, accounting for 80% of no-charge cases, was insufficient evidence. Other reasons included the injured party withdrawing their complaint, the suspect being dealt with by way of caution or juvenile diversion programme, and time delays in progressing the case.

From next month, victims of crimes will be able to request an explanation from the DPP as to why a suspect was not prosecuted.

Since 2008, those affected by cases involving deaths have been able to seek explanations and a total of 91 requests had been received up to June this year, 63% relating to road traffic fatalities.

Most requests for explanations were granted but four were declined, one was withdrawn and a decision was still pending on eight.

The move to widen the facility to victims of all crimes “subject to some limited exceptions” is being driven by the EU Victims Directive which comes into effect on November 16.

DPP Claire Loftus has set up of a dedicated victims liaison unit in her office to handle requests but she warned the work would be “very resource intensive”.

Around 5,000 files sent by gardaí to her office are returned with a decision that there should be no prosecution each year, but it is unknown how many victims are likely to seek an explanation and/or a formal review of the case as EU law will allow.

“It remains to be seen whether the resources sanctioned will be sufficient to meet our obligations,” Ms Loftus said. “This is a matter which will be kept under review in the coming months.”

Her annual report shows the number of convictions secured in cases prosecuted on indictment is falling, down to 68% from 72% the previous year and 73% two years earlier, but that may be due to increases in the number of cases still waiting to be heard at the end of the year. Some 26%, of cases had not been heard at year’s end compared to 21% the previous year and 19% two years earlier.

Conviction rates varied depending on the nature of the crime. In fatal offences, the rate was just 67% but it was on average 87% for sexual offences, 97% for offences against property and it rose to 100% for fraud and revenue offences.

In the Special Criminal Court, just five of the 25 prosecutions for membership of an unlawful organisation resulted in convictions. Four cases were awaiting hearing at year’s end and the rest were acquitted.