Government approves publication of final report of Review Group on role of An Garda Síochána in public prosecutions

• An Garda Síochána to continue to prosecute low-level but high-volume offences with enhanced quality assurance and monitoring by DPP

• DPP to identify any specific categories of cases which An Garda Síochána currently prosecute and that the DPP would instead prosecute directly.

• New Garda Operating Model to bring greater internal oversight and consistency in prosecution practices

The Government has approved the publication of the final report of the High Level Review Group on the Role of An Garda Síochána in the Public Prosecution System. The report can be found here .

Marking its publication, Taoiseach Leo Varadkar said:

"I am pleased to publish this report with the Minister for Justice, and I want to take this opportunity to thank the Chairperson of the High Level Review Group Dermot McCarthy, and all of the members, for their time and dedication to reach this milestone.

"The Group has 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."

The Review Group was established by the Taoiseach and Minister for Justice in late 2020 to evaluate the recommendation by the Commission on the Future of Policing in Ireland (CoFPI) that: All prosecution decisions should be taken away from the police. The practice of police prosecuting cases in court should also cease.

It was tasked with developing a range of options for the Government to implement this recommendation, and to identify a preferred option.

The option chosen, referred to in the Report as the Reform Model, will build on existing reforms offered by the new Garda Operating Model, which promises greater internal oversight and consistency of approach in court management related matters.

Selecting this option means An Garda Síochána will retain responsibility for the presentation of prosecutions at court, to be supported by enhanced monitoring and training from the ODPP.

An Garda Síochána will also continue to prosecute low-level but high-volume offences on behalf of but with enhanced quality assurance and monitoring by the Office of the Director of Public Prosecutions.

In addition, a Divisional Court Management Office structure will be established in each Garda Division. This will deliver consistency of court related services across the country, enhanced quality assurance by dedicated skilled personnel and will reduce the administrative work load of frontline Gardaí in terms of seeing prosecutions through to completion.

Welcoming the publication of the report, Minister McEntee said:

"I would like to thank the Review Group for their detailed work on this complex issue.

"Their choice of model 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.

"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.

"The model that the Group have recommended will however build on our existing reforms to policing in Ireland, particularly the new Garda Operating Model, which is currently being rolled out. This will bring greater internal oversight and more consistency to the way in which Gardaí manage court related business and prosecutions, and with the assistance of Garda staff in Divisional Court Management Offices, will ease the administrative burden on frontline Gardaí.

"The Reform model will also offer further significant external monitoring and quality assurance and sample reviews of prosecutions undertaken in the name of the DPP.

"Such an approach will reinforce public confidence that prosecution decisions are taken for the right reasons, and conducted with the requisite levels of expertise and professionalism."

Garda Commissioner, Drew Harris said:

"An Garda Síochána will work with our criminal justice partners on the delivery of the recommendations of the High Level Review Group.

"As part of our on-going implementation of the Garda Operating Model, a new Court Management Office will be established in every Garda division. This will help ensure consistent delivery of court management services. This will be achieved through oversight by a Performance Assurance Functional Area Superintendent and Inspector in each division coupled with national standardised processes to support Divisional Court management functions."

Director of Public Prosecutions, Catherine Pierse added:

"I welcome the publication of the final report of the High Level Review Group on the Role of An Garda Síochána in the Public Prosecution System. Representatives from my Office participated on the Review Group which made wide ranging recommendations aimed at supporting a consistently high standard of prosecution service in District Courts nationwide.

"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."

A Summary Prosecution Reform Steering Committee (SPRSC) will be established, to be chaired by Niamh O'Donoghue, former Secretary General of the Department of Social Protection. The Steering Committee will have responsibility for planning and monitoring of the implementation of the Reform Model.

Responding to the naming of Niamh O'Donoghue as the Chair, Minister McEntee concluded:

"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."

ENDS

Note for Editors

The new Garda Operating Model as referenced above will establish a new Divisional Court Management Office in every Garda division. This new structure will deliver:

• Consistent delivery of court management services across all divisions.

• Enhanced quality assurance by dedicated skilled personnel.

• Structured oversight by a Performance Assurance Functional Area Superintendent and Inspector, with specific responsibility for the Criminal Justice function, within each division.

• Introduction of new national standardised/optimised processes designed to support the Divisional Court management functions.

The Commission on the Future of Policing in Ireland (CoFPI) published its report in September 2018 outlining a clear vision and roadmap for strengthening policing, security and community safety. A Policing Service for our Future, the Plan to implement the CoFPI Report, was approved by Government in December 2018.

CoFPI Recommendation 20.1 states:

All prosecution decisions should be taken away from the police. The practice of police prosecuting cases in court should also cease.

The CoFPI Report advocated for prosecution decisions to be under the remit of an expanded state solicitor or national prosecution service, and for the practice of An Garda Síochána (AGS) prosecuting cases to cease, considering that: -

• Most comparable jurisdictions recognise that investigation and prosecution processes should be separate;

• Garda members in charge of prosecutions may not be trained to the level of the opposing defence lawyer; and,

• Involvement of Gardaí in prosecutions and the amount of time they spend in court/preparing for court is not an optimum use of police resources that should be deployed on core police duties.

This recommendation was accepted in principle by Government, subject to further evaluation of the implications, including resource implications, how best it might be achieved, and the timing of implementation.

In order to advance this evaluation process, the Department of Justice established a High Level Review Group (HLRG) on the Role of An Garda Síochána in the Public Prosecution System.

The HLRG completed its work in December 2022 and produced its Final Report and a High Level Implementation Plan in accordance with its Terms of Reference.

The Terms of Reference were:

I. To develop a range of options to give effect to the Government decision and to recommend a preferred option for consideration by Government.

II. To conduct an analysis of the options considered including detailed assessment of the estimated costs.

III. To identify any legislative changes required to give effect to the recommended new arrangements.

IV. To develop a high level implementation plan.

The Summary Prosecution Reform Steering Committee (SPRSC) will be supported by a secretariat from the Department of the Taoiseach with support as required from the Department of Justice and the Office of the Director of Public Prosecutions. The Department of the Taoiseach will be represented on the Steering Committee, as well as staff from the relevant public sector bodies.