Information on Prosecution

What happens when we decide to prosecute?

When we investigate crimes, we gather all of the evidence around the incident in a fair, honest and impartial manner.

For less serious crimes, An Garda Síochána will bring the case before the District Court in the name of the Director of Public Prosecutions (DPP).

For more serious crimes, the DPP may ask that the case is heard in a higher court, with the permission of the judge.

When an investigation file has been submitted to the Office of the Director of Public Prosecutions (DPP) about the incident you reported to An Garda Síochána, the DDP will decide on whether to start a prosecution or not. We will notify you of the DPP’s decision.

You can seek the reasons for the decisions made by the Office of the DPP and/or to seek a review of the decisions made. Please see the Office of the Director of Public Prosecution website.

For certain offences, including drunkenness and public disorder offences, an adult offender may receive a caution (warning) rather than face prosecution. However, the offender must acknowledge responsibility for their behaviour before they are considered for a caution.

If the offender is a child, we will decide if they are suitable for the Diversion Programme rather than being brought to court.

What happens when we decide not to prosecute?

You may receive a letter telling you we do not intend to prosecute. If this happens and you are not satisfied with this decision, you can request a summary of the reasons not to prosecute. This must be made in writing to the Superintendent at the Garda Station where your incident was investigated, or, where appropriate, by the Director of Public Prosecutions.

You can request the summary of reasons if you are:

• a victim of a crime
• a family member of a victim in a fatal case
• a solicitor acting on behalf of either of the above

If/when you get the summary of reasons not to prosecute and you are unhappy with the summary of reasons, you can then request for a review of the decision not to prosecute.

How do I request a review of the decision not to prosecute? 

A review of the decision not to prosecute must be made in writing to the Chief Superintendent at the Garda Station where your incident was investigated. Once this request is received the Chief Superintendent will:

a) Appoint a Superintendent, from within the Division, but with no prior involvement in the case to review the decision not to prosecute.

b) Inform you of the appointment of the Superintendent who will be reviewing the decision not to prosecute. The Superintendent will then notify you directly of the outcome of the review.

Please note that there are time limits when requesting a summary of reasons or a review of the decision, as follows:

Request for Summary of Garda Reasons – you must ask for the summary within 28 days of receiving the letter or information telling you we do not intend to prosecute.

Request for review of Garda decision not to prosecute – you must ask for a review within 28 days of receiving the letter or information telling you of the summary of reasons not to prosecute.

These time limits may be extended where An Garda Síochána or the Director of Public Prosecutions, as appropriate, is satisfied that it is warranted (necessary).

Please see both forms below or else you can get a copy of these forms at any local Garda Station.

RS1 – Request for Summary of Garda Reasons

RR1 – Request for Review of Garda Reasons Not to Prosecute