Gardaí to retain prosecution powers following review

Gardaí to retain prosecution powers following review

Gardaí should continue to prosecute some low-level offences despite the Commission on the Future of Policing in Ireland (CoFPI) recommending an end to the practice, a government review has concluded.

Ministers had previously accepted the recommendation of CoFPI, which said in its 2018 report: “All prosecution decisions should be taken away from the police. The practice of police prosecuting cases in court should also cease.”

A high-level review group established in 2020 to advise ministers on the issue today recommended the adoption of a new “reform model” under which An Garda Síochána will retain prosecution powers, albeit with greater oversight by the Office of the Director of Public Prosecutions.

Writing in the foreword to the report, chairperson Dermot MacCarthy said the group had “concluded that a radical structural change to our public prosecution system as outlined by the CoFPI recommendation is not appropriate at this time”.

Justice minister Helen McEntee said the group’s recommendation “reflects their conclusion that radical changes to the public prosecution system would not result in a major reallocation of Garda resources to other policing duties”.

She added: “International research indicates that very few jurisdictions have attempted the full reconfiguration as envisaged by CoFPI, and that those who did have resiled from it to greater or lesser degrees, either for cost or for efficiency reasons.”

Taoiseach Leo Varadkar said the group had “provided a clear recommendation to the government for a sustainable model for reform that will bring about greater internal oversight and consistency of approach in court management related matters”.

Catherine Pierse, the director of public prosecutions, said: “I am keenly conscious of the work that members of An Garda Síochána do in district courts around the country to prosecute cases in the name of the DPP.

“It is fundamental to the administration of justice that members of the public can have confidence that this summary prosecution service is delivered in a way that is independent, fair, effective and consistent.

“I look forward to working with our criminal justice partners to implement the recommendations of the group and to ensure that this important summary prosecution work is fully supported.”

Niamh O’Donoghue, former secretary-general of the Department of Social Protection, has been appointed to chair a new Summary Prosecution Reform Steering Committee (SPRSC) to plan and monitor the implementation of the proposed new model.

Mrs McEntee said: “I am delighted that Niamh O’Donoghue has agreed to undertake the role of chair of the SPRSC. I know that she will bring all of her experience and expertise to the group, and I want to thank her for giving her time to lead on this important next phase of work.”

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