Vol. 563 No. 4
561 Mr. G. Mitchell asked the Minister for Justice, Equality and Law Reform if his attention has been drawn to a policy by the gardaí where an assault of a physical nature on a minor is not brought to a prosecution if there is no adult witness; and if he will make a statement on the matter. [8000/03]
The Deputy will appreciate that the Director of Public Prosecutions is independent in the performance of his functions. However, I am informed by the Garda authorities that, in arriving at a conclusion as to whether or not a prima facie case of assault on a minor exists, all the normal legal factors must be considered – for instance, evidence, witnesses and circumstances.
I am informed that the presence of a witness, adult or otherwise, would be a consideration in arriving at this decision but the absence of one would not debar the commencement of proceedings where the presence of other evidence was considered sufficient.
