DPP calls for re-examination of disclosure policies and practices

DPP calls for re-examination of disclosure policies and practices

Catherine Pierse

Disclosure policies and practices should be re-examined in response to the “relentless growth in digital data”, the director of public prosecutions has said.

Writing in the foreword to her office’s latest annual report, Catherine Pierse said the volume of digital evidence remained a “key challenge” in 2024.

“To take a hypothetical example — a typical file 15 years ago regarding an assault on a street would have included a victim’s statement and a memo of interview with an accused, and perhaps a couple of witness statements,” she wrote.

“Now this file would include the phone footage of bystanders; CCTV from nearby premises, and possibly the details of some of the social media conversations that took place in the aftermath of the assault.

“This surge in material gathered during investigations and submitted to my Office for review continues to reshape both the volume and complexity of evidence that must be assessed when determining whether to prosecute, examined for relevance at the disclosure stage, and ultimately presented in court.”

She continued: “There is a clear need to re-examine the policies and practices that underpin our current approach to disclosure.

“At present, the prosecution and investigators are tasked with reviewing extensive volumes of material to identify information that may be relevant to the defence, in the absence of any statutory obligation on the defence to engage in this process.”

She welcomed the Supreme Court judgments in WC v. DPP and DPP v. AM, which she said had “significantly clarified the responsibilities and obligations of all parties involved — the prosecution, the defence, and the trial judge”.

However, she said there was a need for “meaningful and lasting improvements in data management and disclosure practices”, which would require “a sustained, collaborative effort across the entire criminal justice system”.

“This includes my office, investigation agencies, legal practitioners, the courts, the judiciary, and relevant government departments,” she said.

The DPP received 16,616 prosecution files in 2024, according to the report, with a decision on prosecution made within four weeks for 73 per cent of cases.

A total of 2,185 trial dates were listed in the Central Criminal Court in 2024, a 43 per cent increase over the past three years and a 19 per cent increase on 2023.

There was also an increase in the number of cases being moved to venues outside of Dublin during 2024, with 855 Central Criminal Court sitting days listed outside of the capital during that period, a 65 per cent increase on the preceding year.

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