Decisions
The principle of legality governs. Where the conditions for a prosecution are met, a prosecution follows, and a departure from that is a decision requiring reasons.
Article 226(1): the service acts upon the principle of legality, and its decisions state reasons.
Article 226(2): a decision not to prosecute is notified to the injured person, states its reasons, and is reviewable by a court at the instance of that person.
Review of a decision not to prosecute
The injured person receives the decision and the reasons, and may apply to a court to review it. The court examines the decision, and the service is bound by what the court decides.
Two decisions of the current register were declined. Both were notified with reasons, and both remain reviewable at the instance of the injured person.
Decisions of the period
| Outcome | Files | What is published |
|---|---|---|
| Prosecution brought | 184 | The proceeding is public. Where the person holds a public office, the file, the decision and the reasons are published on conclusion. |
| Prosecution declined | 67 | The decision and the reasons, notified to the injured person and reviewable by a court. |
| Investigation continuing | 41 | Nothing, until a decision is taken. |
| Transmitted from an oversight office | 11 | The fact of transmission is published by the office transmitting it. |
Effect of findings of other bodies
A finding of the Office of Democratic Integrity binds no court, and the court decides upon the evidence before it. The same applies to the service: a transmitted file is material, and the decision on it is taken here upon the principle of legality.
Article 251(2) requires the Audit Office to transmit a file where an audit discloses an offence, and requires the service to decide under Article 226 and to publish its decision.
Evidence obtained by prohibited means
Article 47(3): a statement obtained by torture or by cruel, inhuman or degrading treatment is inadmissible in any proceeding, except in a proceeding against its author.