# Immediate charge versus file to DPP?



## ClubMan (28 Jul 2008)

Just curious - at a high level/in general terms what is the difference between a situation in which somebody is arrested, questioned and charged immediately and one in which they are arrested, questioned, released and a file sent to the _DPP_?


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## WaterSprite (28 Jul 2008)

I'd imagine it's where the gardai can't decide on the actual charges to be laid or if the facts are such that the DPP has to make a decision on whether to prosecute or not.  There's info here: [broken link removed] on the DPP but I'm not 100% sure under what circumstances the DPP can be bypassed - perhaps summary offences?  Confessions?  

"When the Gardaí investigate a serious crime, they send a file to the DPP who decides what charges, if any, to bring." - whatever that means...

Sprite


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## csirl (28 Jul 2008)

Where the file is sent to the DPP, the Gardai may be awaiting directions from the DPP as to what exact offences to charge the person with. This could be because the issue is complex - unclear what exact crime suspect should be charged with or unclear whether enough evidence to secure a conviction in court.

I'd imagine if the person is charged on the spot, its clear cut what crime they are being accused off.


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## ClubMan (28 Jul 2008)

Ah - maybe _WaterSprite's_ point about summary (versus indictable) offences is pertinent alright?

http://en.wikipedia.org/wiki/Director_of_Public_Prosecutions#Ireland


> *Ireland*
> 
> The *Director of Public Prosecutions* has been responsible for prosecution, in the name of the People, of all indictable criminal offences in the Republic of Ireland since the enactment of the [broken link removed]. Before 1974 all crimes and offences were prosecuted at the suit of the Attorney General. The DPP may also issue a certificate that a case should be referred to the Special Criminal Court, a juryless trial court usually reserved for terrorists and organised criminals.


http://en.wikipedia.org/wiki/Indictable_offence


> In many common law jurisdictions (e.g. the United Kingdom, Republic of Ireland, Canada, United States, India, Australia, New Zealand), an *indictable offence* is an offence which can only be tried on an indictment after a preliminary hearing to determine whether there is a _prima facie_ case to answer or by a grand jury.


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## efm (28 Jul 2008)

So does that mean that if a "file is sent to the DPP" it is a more serious issue than being charged directly by the Gardai or is it not as simple as that?


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## csirl (28 Jul 2008)

Minor offences such as traffic and minor public order can be dealt with on a summary basis at District Court - the Gardai present the case in Court.

For more serious offences at Circuit Criminal Court level or above, the DPP presents the case in court. The "file is sent to DPP" for all such cases.


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## Bop (28 Jul 2008)

Even if a person is immediately charged with an offence, a file will still be sent to the D.P.P.'S office. he may direct further charges, or ammend the charge, he may also direct that the culprit be sent forward to a higher court... Sometimes the initial charge is a holding charge to get the offender before the courts immediately, possibly with a view to a remand in custody


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