Office of the Director of Public Prosecutions. (2019) Office of the Director of Public Prosecutions annual report 2018. Dublin: Office of the Director of Public Prosecutions.
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The duties of the Director are to:
- enforce the criminal law in the courts on behalf of the People of Ireland
- direct and supervise public prosecutions on indictment (formal written accusations) in the courts
- give general direction and advice to An Garda Síochána (the Irish police force) in relation to summary cases (less serious cases which can be heard in the District Court) and
- give specific direction to An Garda Síochána (the Gardaí) in cases where requested.
The Chief Prosecution Solicitor provides a solicitor service within the Office of the Director of Public Prosecutions on behalf of the Director in cases dealt with in Dublin.
P.24 CHART 2.2.2: Outcomes of Cases Prosecuted in the Circuit Criminal Court – drug offences
P.25 CHART 2.2.2b: Total Cases Finalised in the Circuit Criminal Court and Percentage of Convictions – drug offences
Section 61 Forfeiture Orders: Section 61 of the Act allows for forfeiture of any property used to commit, or to facilitate any offence, in either the District Court or Circuit Court. This can be done in relation to a wide variety of assets, such as cars used to transport criminals to and from crime scenes, as well as money and instruments of crime such as drug preparation equipment found at the crime scene, or near to it.
Section 4 Confiscation Orders: Under the provisions of section 4 of the Act, once a person has been convicted on indictment of a drug trafficking offence and sentenced, the court of trial must determine whether the convicted person has benefited from drug trafficking, the extent to which he or she has benefited, and the amount that is realisable to discharge a Confiscation Order. The Court can then make a Confiscation Order for that figure.
Section 9 Confiscation Orders: Section 9 of the Act allows the confiscation, on conviction, of the benefit an accused person has gained from any indictable offence other than drug trafficking offences. An inquiry may be held by the Circuit Court into the benefit gained after the person is sentenced. The Prosecution must prove that benefit generated is directly related to the offence with which the accused is charged.
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