Director of Public Prosecutions (DPP) James Hamilton has denied he is unaccountable, saying he could not meet every victim of crime to explain why a prosecution in their case was not being pursued.
"We're a very small office. The people that make the decisions number about 20. The way in which we make contact with victims is through the Garda Síochána who is dealing with the case. We believe that's the most effective way to deal with victims."
Gardaí were always given the reasons why a prosecution was not being pursued, he said. The fact that these reasons were not explained by the DPP to victims did not mean he and his officials were unaccountable.
"I do accept, of course, that I'm not accountable in the same way as other people are. The simple fact is that . . . if I were to start making erratic arbitrary decisions, the Garda Síochána, the Commissioner, would very quickly have something to say."
He understood that when some prosecutions - particularly those involving murder or other violent crimes - were not pursued, victims or surviving loved ones often felt angry and upset.
In an effort to more fully explain the workings of his office to the public, he had produced information booklets, financial accounts and annual reports. He was also regularly in contact with victim support groups.
"But there's always more that can be done," he said.
Mr Hamilton was speaking at the publication in Dublin yesterday of new guidelines for prosecutors. In one section, the guidelines state that a reason not to prosecute might apply if an offender "is willing to co-operate in the investigation or prosecution of other offenders".
Such an approach was used in relation to the investigation of the gang that murdered Veronica Guerin. Mr Hamilton accepted this form of accomplice evidence, given in exchange for immunity, was not without its pitfalls.
"The obvious problem is that if you do that, there may be an incentive for somebody to minimise their own part and exaggerate somebody else's. So it has to be very carefully approached and it is very carefully approached.
"It's also a very expensive process, because to operate properly you need witness-protection programmes and relocation of witnesses. So it's not something that could be done in every case. But it has worked effectively in a small number of cases."
Mr Hamilton was hopeful that the publication of the new guidelines would foster consistency in the approach to prosecution. The Guidelines for Prosecutors contain the first code of ethics for prosecutors.
The guidelines state that a prosecutor should not "over charge" individuals. Charges should only be pursued when there is strong evidence. A multiplicity of charges, or charging a large group with conspiracy, often complicated trials.
The guidelines also state that a prosecution may not be pursued if such a course of action would put at risk confidential informants, or matters of national security. They caution against prosecuting children in all but serious cases, saying the pursuit of a prosecution in respect of a child can have very serious long-term consequences.
