B.H. v The Director of Public Prosecutions & Ors (Approved) [2023] IEHC 483 (31 July 2023)

B.H. v The Director of Public Prosecutions & Ors (Approved) [2023] IEHC 483 (31 July 2023)

Discovery is granted only in respect of guidelines and protocols in existence as of 16 November 2021 concerning the DPP's review process, as these may have changed following the 2017 Act and are relevant to the applicant's challenge. Discovery of internal memoranda and documents relating to the decision not to prosecute or the review process is refused due to public interest privilege and lack of relevance to the pleaded issues.

Citation
[2023] IEHC 483
Parties
Applicant: B. H.; First Respondent: The Director of Public Prosecutions; Second Respondent: Ireland; Third Respondent: The Attorney General; Fourth Respondent: The Commissioner of An Garda Síochána
Jurisdiction
Ireland
Judgment Date
31 July 2023
Procedural Posture
Judicial Review / Interlocutory Application for Discovery
Outcome
Partially granted
Legal Topics
Discovery, Prosecutorial Discretion, Fair Procedures, Victims' Rights, Change of Prosecutorial Decision
Criminal Law Judicial Review Administrative Law Discovery Prosecutorial Discretion Fair Procedures Victims' Rights Change of Prosecutorial Decision

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Parties

B. H.

Applicant

The Director of Public Prosecutions

First Respondent

Ireland

Second Respondent

The Attorney General

Third Respondent

The Commissioner of An Garda Síochána

Fourth Respondent

Procedural Posture

Judicial Review / Interlocutory Application for Discovery

Legal Issues

  1. 1 Whether the applicant is entitled to discovery of documents relating to the DPP's decision-making process, including protocols, prior decisions not to prosecute, and review procedures.
  2. 2 Whether the protocols and guidelines governing reviews in the DPP's office changed following the Criminal Justice (Victims of Crime) Act 2017.
  3. 3 Whether public interest privilege exempts certain internal documents from discovery.

Ratio Decidendi

Discovery is granted only in respect of guidelines and protocols in existence as of 16 November 2021 concerning the DPP's review process, as these may have changed following the 2017 Act and are relevant to the applicant's challenge. Discovery of internal memoranda and documents relating to the decision not to prosecute or the review process is refused due to public interest privilege and lack of relevance to the pleaded issues.

Court Disposition

Partially granted

Orders

  • The first respondent is directed to make discovery of all guidelines and protocols in existence as of 16 November 2021 concerning the carrying out of reviews of decisions not to prosecute.
  • Discovery of documents in categories 2 and 3 of the notice of motion is refused.