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Guidelines for Prosecutors Director of Public Prosecutions

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Every organization should make sure that its board members know and understand what it expects from them as not-for-profit directors. It is not enough to put people on a board and expect them to do the right thing. Even if they have previous board experience, they need to know how things are done in this particular organization and the extent to which they will be expected to participate in operating activities in addition to their governance role. Although all boards have the same underlying governance responsibility — establishing and monitoring the long-term direction of the organization — there can be considerable. | Guidelines for Prosecutors Director of Public Prosecutions The Guidelines for Prosecutors first published in 2001 aims to set out in general terms principles to guide the initiation and conduct of prosecutions in Ireland. It is intended to give general guidance to prosecutors so that a fair reasoned and consistent policy underlies the prosecution process. Article 30 of the Constitution of Ireland provides that all indictable crimes shall be prosecuted in the name of the People. Making the Guidelines available will further contribute to an increased understanding of the prosecution process by the citizens on whose behalf prosecutions are brought. The Guidelines are also available electronically on the Office website which can be accessed at www.dppireland.ie. The Code of Ethics for Prosecutors is also available as a separate document on the website. This is the second revision of the Guidelines. Review of the Guidelines for Prosecutors will remain an ongoing process reflecting legislative and procedural changes in the criminal justice system. 2 Guidelines for Prosecutors Office of the Director of Public Prosecutions Contents 1. Introduction 5 2. The Prosecution System in Ireland 7 3. Code of Ethics 11 4. The Decision whether to Prosecute 15 5. Juvenile Diversion and the Prosecution of Children 23 6. The Choice of Charge 25 7. The Prosecutor and the Investigator 29 8. The Role of the Prosecutor in Court 33 9. Disclosure 37 10. Pre-trial Discussions Concerning Pleas 45 11. Prosecution Appeals and Sentence Reviews 49 12. The Rights of Victims and Victims Relatives 53 13. Summary Trial 57 14. Accomplice Evidence 61 15. Forfeiture Confiscation and Disqualifications 65 16. Communication with the Director of Public Prosecutions 69 3 Guidelines for Prosecutors Office of the Director of Public .

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