DPP to Require Good Reasons for Withdrawal or Modification of Charges

The Director of Public Prosecutions (DPP) has announced that it will require good reasons in fact or law before withdrawing or modifying charges facing an accused. This move aims to ensure that justice is served and that the integrity of the criminal justice system is maintained.

Sentencing Decisions

Made by Judges

In all cases, the decision on which penalties will be imposed on a person convicted of offences will be made by a judge following a sentencing hearing. The judge will consider evidence including information about the seriousness of the offence and the culpability of the convicted person.

Regulatory Provisions and International Conventions

Ireland’s Commitment to Anti-Corruption

Ireland has signed and ratified several international conventions relevant to anti-corruption, including:

EU Convention on the Protection of the European Communities’ Financial Interests
OECD Anti-Bribery Convention
United Nations Convention against Corruption

The country’s regulatory provisions are designed to prevent and detect corruption, and to punish those who engage in corrupt activities.

Offences Under the Corruption Act

Range of Offences

The Corruption Act provides for a range of offences related to bribery and corruption, including:

Active and passive trading in influence
Active and passive corruption
Facilitation
Creating or using false documents
Intimidation
Corporate offence provisions, which penalize companies for failing to prevent bribery by their employees or agents

Associated Persons Can be Held Liable

A person associated with another person or company, such as a spouse or agent, can be held liable for any offence under the Corruption Act if the elements of the offence are present. For example, if an associated person were to corruptly facilitate the payment of a bribe, this can amount to an offence under section 8 of the Corruption Act.

Right to Bail

No Guaranteed Right

There is no guaranteed right to bail in Ireland. A defendant must apply for bail to be granted and the decision on whether or not to grant bail is at the discretion of the judge. In making this decision, the judge will consider factors such as:

The nature and degree of seriousness of the offence
The strength of the evidence
Any previous convictions

Foreign Public Officials

The Corruption Act defines a “foreign official” to include members of foreign governments or parliaments, public prosecutors, judges, and employees of foreign states. The act provides for offences related to bribery and corruption involving foreign officials.

Domestic Public Officials

The Corruption Act defines an “Irish official” to include:

Members of the Irish or EU Parliament
Directors and employees of Irish public bodies
Persons remunerated by the Irish government or employed by or acting for or on behalf of the public administration of the state

The act provides for offences related to bribery and corruption involving domestic public officials.

Private Commercial Bribery

Activities in Both Public and Private Sectors

The Corruption Act applies to activities in both the public and private sectors. Certain offences, such as active and passive trading in influence and corruption in relation to office, employment, position, or business, apply to acts by public officials. Other offences can apply to activities entirely between private commercial persons or entities not involving any public official.

Failure to Prevent Bribery Offence

Corporate Offence Provision

The Corruption Act includes a corporate offence provision, which penalizes companies for failing to prevent bribery by their employees or agents. A body corporate will be guilty of an offence under the act if:

An offence is committed by a director, manager, secretary, or other officer of the body corporate
Or by an employee, agent, or subsidiary

However, it will be a defence for a body corporate to prove that it took all reasonable steps and exercised all due diligence to avoid the commission of the offence.