APPENDIX 18
Memorandum submitted by the Director of
Public Prosecutions Northern Ireland
I understand that the Northern Ireland Affairs
Committee is carrying out an inquiry into the operation of the
Parades Commission with the following terms of reference:-
"To examine the operation of the Parades
Commission since its inception and to consider, within the existing
framework of law and structures and in the light of the Northern
Ireland Office's review of the Commission, how its effectiveness
might be enhanced".
You write that the Committee is particularly
interested in policy in relation to prosecution of offenders under
sections 8(7) and 8(8) of the Public Processions (Northern Ireland)
Act 1988. The Committee asks for a short memorandum setting out
the prosecution policy in relation to offences in general under
the Public Processions (Northern Ireland) Act 1998, and, in particular,
the offences under section 8 of the Act relating to failure to
comply with the conditions imposed on public processions by the
Parades Commission; and, statistics for each year since the Commission
came into existence, for each category of offence under the Act,
of the number of cases referred to the DPP for possible prosecution;
the number of cases prosecuted; and the number of convictions
obtained.
In Northern Ireland, prosecutions are initiated
or continued by the Director where he is satisfied that the evidence
which can be adduced in court is sufficient to provide a reasonable
prospect of conviction; and, prosecution is required in the public
interest. This is the "Test for Prosecution".
A reasonable prospect of conviction exists if
in relation to an identifiable individual, there is credible evidence
which the prosecution can adduce before a court upon which evidence
an impartial jury (or other tribunal), properly directed in accordance
with the law, may reasonably be expected to find proved beyond
reasonable doubt the commission of a criminal offence by the individual
who has been prosecuted.
Broadly, the presumption that applies is that
the public interest requires prosecution where there has been
a contravention of the criminal law. This presumption provides
the starting point, but only the starting point, for consideration
of each individual case. In some instances, the serious nature
of the case will raise a very strong presumption, but there will
be instances and circumstances in which, although the evidence
is sufficient to provide a reasonable prospect of conviction,
nonetheless prosecution is not required in the public interest.
Arrangements are in place within this Department
to ensure that decisions as to prosecution are taken at an appropriate
level of seniority, under supervision. Apart from "Test for
Prosecution", I have not issued additional guidance to staff
in relation to offences under the Public Processions (Northern
Ireland) Act 1998 save in regard to issues arising from Articles
10 and 11 of the European Convention of Human Rights. I attach
a copy of the letter, for your information[227].
This document is based upon a Crown Prosecution Service draft
and has been adapted by my staff for use in Northern Ireland.
During the course of 1999 an extensive training programme for
all lawyers in my office was carried out with the assistance of
trainers from the Crown Prosecution Service.
You ask for certain statistics. I have asked
staff to identify the cases which we hold and to provide as complete
an analysis as possible. An examination of each individual file
was required.
I refer to the attached schedule.
In summary, during the relevant period, directions
to prosecute 47 persons issued for offences contrary to the Public
Processions (Northern Ireland) Act 1998. In relation to 33 of
these persons the prosecution has been completed before the Magistrates'
Court. Some 14 persons have not yet been tried. Directions for
no prosecution issued in respect of 152 persons. The evidential
"Test for Prosecution" was not met in respect of 109
of these persons. The public interest did not require prosecution
of 24 of these persons. Proceedings had become statute barred
in relation to 19 of these persons.
Finally, may I refer to the following correspondence,
a copy of which I attach*:-
(1) A letter received from the Parades Commission
dated 17 February 1999.
(2) An interim response dated 18 February
1999.
(3) A substantive reply dated 9 March 1999.
While you have not asked for correspondence
passing between the Parades Commission and this Department, having
regard to your terms of reference, and the enquiries which you
raise, I think it proper to furnish you with these papers.
As I indicated in my letter dated 14 March,
I have taken the opportunity of discussing your letter with the
Attorney General, who has also seen this response.
SCHEDULE
PUBLIC PROCESSIONS (NORTHERN IRELAND) ACT
1998
1. Number of persons against whom a direction
to prosecute issued: 47.
2. Analysis of offences in respect of these
47 persons:
Section 6(7)(a)
| : | 36 |
Section 7(6)(a) | :
| 4 |
Section 8(7) | :
| 2 |
Section 14(1)(a) | :
| 5 |
| |
|
3. Outcome of Prosecutions:
Convictions | :
| 24 |
Acquittals | : |
9 |
Not yet tried | :
| 14 |
| |
|
4. Analysis of directions to prosecute in terms of years:
1998 | :
| 11 |
1999 | : | 22
|
2000 | : | 4
|
2001 | : | 10
|
| |
|
5. Analysis of offences directed in terms of years:
1998 Section 6(7)(a)
| : | 11 |
1999 Section 6(7)(a) | :
| 16 |
Section 8(7) | :
| 1 |
Section 14(1)(a) | :
| 5 |
2000 Section 6(7)(a) | :
| 4 |
2001 Section 6(7)(a) | :
| 5 |
Section 7(6)(a) | :
| 4 |
Section 8(7) | :
| 1 |
| |
|
6. Analysis of 24 convictions in terms of penalties imposed:
Fine | :
| 12 |
Bound over | : |
8 |
Conditional Discharge | :
| 2 |
Suspended Sentence | :
| 2 |
| |
|
7. Number of persons against whom a direction for no
prosecution issued: 152.
8. Analysis of offences considered in respect of these
152 persons:
Section 6(7)(a) |
: | 78 |
Section 6(7)(b) | :
| 2 |
Section 7(6)(a) | :
| 3 |
Section 8(7) | :
| 69 |
| |
|
9. Analysis of directions for no prosecution in terms
of years:
1998 | :
| 21 |
1999 | : | 60
|
2000 | : | 45
|
2001 | : | 26
|
| |
|
10. Analysis of offences considered where no prosecution
was directed in terms of years:
1998 Section 6(7)(a)
| : | 21 |
1999 Section 6(7)(a) | :
| 17 |
Section 6(7)(b) | :
| 2 |
Section 8(7) | :
| 41 |
2000 Section 6(7)(a) | :
| 37 |
Section 7(6)(a) | :
| 1 |
Section 8(7) | :
| 7 |
2001 Section 6(7)(a) | :
| 3 |
Section 7(6)(a) | :
| 2 |
Section 8(7) | :
| 21 |
| |
|
11. Of the 152 persons in respect of whom a direction
for no prosecution issued, the following is an analysis of the
basis of the decision:
(i) The evidence was insufficient to prosecute
109 persons.
(i) The public interest did not require prosecution
of 24 persons.
(iii) Proceedings had become statute-barred in relation
to 19 persons.
22 March 2001
227
Evidence not reported. Back
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