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DPP to disclose non-prosecution reasons

James Hamilton - DPP in major policy change
James Hamilton - DPP in major policy change

The Director of Public Prosecutions is to disclose reasons behind non-prosecution of deaths caused by crime in a major policy change announced today.

Only those closely connected with victims will be given the reasons for a decision by the DPP not to prosecute.

It will include alleged offences where a death has occurred including murder, manslaughter, infanticide, workplace deaths and road accidents.

Plans for a special unit to apply the changes have been shelved due to budgetary restrictions.

On RTÉ Radio's Morning Ireland, DPP James Hamilton said that if his department was asked to take a staff cut next year it would be impossible to continue to provide an effective service.

The new policy will only apply to fatal offences and will not cover serious assaults or sex crimes.

Mr Hamilton said it is hoped that the pilot project could be extended to include other serious crimes.

Members of a victim's family, their legal or medical advisors or social workers acting on their behalf will be given the information on request.

It will not be made available to the wider public.

Reasons will not be disclosed where there is a risk of an injustice to others, revealing confidential sources or adversely affecting law enforcement.

The policy change applies from today and will not be applied retrospectively.

The decision comes after a consultation process which began last January.

Mr Hamilton said he had opted for a gradual approach but appreciated there would be some disappointment from some who would view it as cautious.

He said he understood the desire of victims to know why prosecutions are not proceeded with and the general need to embrace greater accountability in public administration.

However he said he had to balance that against the very significant potential for the creation of injustice that could be caused by a 'too far reaching' departure from current policy.

He also said the policy change would have to made within existing resources as there were no funds for a special unit within his office as had been hoped.