§ Mr. McNamaraTo ask the Solicitor-General in how many instances in the past three years decisions of the Director of Public Prosecutions have been subject to judicial review; what the outcome was in each instance; and in what percentage of reviews the original decision of the Director of Public Prosecutions has been upheld. [111947]
The Solicitor-GeneralThe information requested is not collated centrally. The table shows the information for the last three years (i.e. 1997–99) which has been collated from various sources and is the best available information at present. Percentages may not give an accurate picture as such small numbers are involved but, where leave for336W judicial review was granted, the decision of the Director of Public Prosecutions was fully upheld in 56 per cent. of the cases and partly upheld in 6 per cent. of cases.
Year Number of DPP's decisions subject to judicial review Outcome 1997 6 3 applications dismissed 2 applications allowed 1 application withdrawn 1998 2 2 applications allowed 1999 8 1 application allowed 6 applications dismissed 1 application dismissed in part
§ Mr. McNamaraTo ask the Solicitor-General in how many instances in the past three years decisions of the Director of Public Prosecutions have been subject to judicial review; what the outcome was in each instance; and in what percentage of reviews the original decision of the Director of Public Prosecutions has been upheld. [111943]
The Solicitor-GeneralDuring the years 1997, 1998 and 1999, four applications have been made for judicial review of decisions of the Director of Public Prosecutions for Northern Ireland in connection with his functions under the Prosecutions of Offences (Northern Ireland) Order 1972. In one case, the application for review was dismissed after a full hearing. In two cases, the application was withdrawn following upon correspondence between the parties. In one case, leave to apply has been granted pending a full hearing. The percentage of reviews where the original decision of the Director has been upheld by the Divisional Court in the three years considered is 100 per cent.
A decision of the Director of Public Prosecutions for Northern Ireland not to prosecute a case was successfully challenged by judicial review in 1996. Although the court gave an oral judgment in December 1996 quashing the Director's decision, a written judgment was not handed down until February 1998.