The likelihood of burglars, robbers and violent criminals being brought before the Circuit Court, where judges can impose more severe penalties, depends significantly on what part of the country the offence is committed in, an RTÉ Investigates analysis has found.
The analysis is based on figures for three offences – assault causing harm, burglary and robbery. Each of the three offences can be heard before the District Court, where the judge has the authority to send the more serious of these cases to the Circuit Court – a legal mechanism known as ‘sending forward.’
In the District Court area of Louth, just 2% of burglary cases were sent forward to the Circuit Court during 2012-17. In Mayo, however, the rate was over seven times higher at 15%, the highest in the country. In Cork City, it was 14% and Limerick 13%, while Dublin had a rate of 12%. The sending forward rate for burglary for all District Courts for 2012-17 was 8%.
Those convicted of burglary in the Circuit Court face a potential sentence of up to 14 years, while those convicted in the District Court face a maximum sentence of 12 months for a single offence.
There are big differences when it comes to other crimes, too. During the period 2012 to 2017, 58% of defendants charged with robbery in Cork City were sent to the Circuit Court.
In the Meath District Court area, the figure was just 16%. Dublin was seventh highest, at 45%, while the rate for all Districts Courts was 41%.
Circuit Court judges have the power to sentence those convicted of robbery to life imprisonment. In the District Court, the maximum sentence for this offence is 12 months.
Last December, the RTÉ Investigates-Law and Disorder programme showed there were substantial differences between District Courts in terms of outcomes in drink-driving cases, with some courts having far higher conviction rates than others. The programme also found considerable divergences from District Court to District Court in terms of the outcomes of other offences, such as dangerous driving, assault and drugs possession.
This latest analysis of Courts Service data also highlights the vagaries that exist within the District Court system.
The Courts Service supplied data for every District Court in the country for the six years from 2012-2017, which details the numbers of cases listed before the District Court, as well as the numbers each court sent forward to the Circuit Court. It involves almost 24,000 assault causing harm cases, some 35,000 burglary cases and around 7,500 robbery cases.
During the period under review, there were some changes within the geographical grouping of District Courts across the country with a handful of courts being moved from one area to another. As a result, these were excluded from the analysis for certain years.
The figures for assault causing harm also showed regional variations. In both Donegal (district 1, which includes Buncrana and Letterkenny) and West Cork (district 18, made up of Bandon, Bantry, Clonakilty, Macroom and Skibbereen), 11% of cases were sent forward to the Circuit Court for 2012-17, the joint lowest rates for that offence.
The Cork/Tipperary/Waterford area (made up of Carrick-on-Suir, Cashel, Clonmel, Dungarvan, Lismore and Youghal) was most likely to send forward assault causing harm cases, with 33% referred to the Circuit Court. Mayo was second highest, at 29%, followed by Dublin at 28%. For all District Courts, around 21% of assault causing harm cases were sent forward.
Whether a case ends in the District Court or the Circuit Court depends on a number of factors, including the attitudes of the Gardaí and the DPP, but ultimately the District Court judge has the final say in the matter.
Michael Pattwell, a retired District Court judge, said that in his experience, "it is relatively infrequent" for a judge to refuse to follow the DPP’s directions.
For assault causing harm, burglary and robbery, the decision to prosecute is one for the Gardaí, who initiate the prosecution in the name of the DPP. However, in certain instances, the Gardaí will seek directions from the DPP as to whether the case should be tried in the District Court or Circuit Court, with the DPP then giving its directions to the District Court judge, who can accept or refuse those directions.
According to a general direction issued by the DPP in 2011, for burglary involving property of less than €7,000 and for assault causing harm, it consents to those cases remaining in the District Court and does not require the Gardaí to forward its file on the case in question.
But the general direction adds that Gardaí should consider seeking directions from the DPP in any case where a 12-month sentence would be inappropriate, where the accused is facing multiple charges or has a previous record, or where the case involves "other aggravating factors."
One important factor, according to Dara Robinson, a criminal defence solicitor, is whether the burglary is residential or non-residential. "A residential burglary is far more serious," Mr Robinson said.
UCD law lecturer Paul Anthony McDermott told RTÉ Investigates while "local justice" should be local, there should be an element of uniformity around the country. "How you end up being dealt with should not depend on the geographic area where you happen to have committed the alleged offence," Mr McDermott said.
