Vol. 534 No. 5
13 Mr. Deasy asked the Minister for Justice, Equality and Law Reform the procedures in place to return items to individuals from whom they have been taken as part of an investigation; and if he will make a statement on the matter. [11104/01]
66 Mr. Deasy asked the Minister for Justice, Equality and Law Reform the procedures in place to inform an individual who has been the subject of an investigation, that a file has been sent to the Director of Public Prosecutions and to keep that person informed of the process; and if he will make a statement on the matter. [11103/01]
I propose to take Questions Nos. 13 and 66 together.
I am informed by Garda authorities that the Garda Síochána is not legally obliged to inform a suspect of the progress of an investigation. In some circumstances, advising the subject of progress could be counter productive to the successful completion of the investigation. Each case is considered on its merits. If, however, the Director of Public Prosecutions directs that no criminal proceedings are to be taken, then the suspect is advised accordingly.
I understand that property is returned to the owner when it is no longer required for the purpose of the investigation, or where a court directs. Where any dispute arises as to the ownership of property in the possession of the Garda Síochána, an application may be made to the District Court pursuant to the Police Property Act, 1897, for an order as to the proper disposal of the property.
