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Ireland

Criminal investigations in Ireland

How investigation and prosecution are separated: An Garda Síochána investigates, the Director of Public Prosecutions decides whether to charge.

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Criminal investigation in Ireland is conducted by An Garda Síochána, the national police service, as part of its statutory policing function. Because the force is national, so is the investigative capacity — there is no separate national investigation bureau standing apart from the police in the way some other systems have.

Investigation and the decision to prosecute are held by different bodies. The Gardaí investigate and assemble the evidence; the Director of Public Prosecutions decides whether a serious case is prosecuted on indictment. The investigating officer does not make the charging decision for indictable matters — that separation is a deliberate safeguard.

  • What is a criminal investigation?

    A criminal investigation is a legally authorised process for establishing whether an offence occurred and gathering evidence that can be tested in court. This guide explains its structure, safeguards, and known failure modes.

  • What is due process?

    Due process is the requirement that the state follow fair, established procedures before it takes action against a person. This guide explains what it typically includes and how it differs between systems.

Sources

Sources

  1. Garda Síochána Act 2005

    Houses of the Oireachtas (Irish Statute Book) · Legislation · 2005 · link verified 2026-07-25

    Official content obtained by search retrieval of the Irish Statute Book (WAF-blocked to direct fetch); corroborated by An Garda Síochána's own history page. Supports: that An Garda Síochána is the national police service governed by the Garda Síochána Act 2005; that its statutory function is to provide policing and security services to the State; and its origin (the Civic Guard was formed in 1922 and renamed An Garda Síochána in 1923). Supports the unitary national character of the force; it does not support any operational detail. Stated as sourced facts.

  2. About Us — Office of the Director of Public Prosecutions

    Office of the Director of Public Prosecutions (Ireland) · Government publication · link verified 2026-07-25

    Read directly. Supports: that the Office of the DPP was established under the Prosecution of Offences Act 1974; that the Director is 'independent in the performance of her functions'; that the DPP's principal duty is to direct and supervise public prosecutions on indictment and to give general direction and advice to An Garda Síochána on summary cases; and the division of roles — An Garda Síochána investigates, the DPP decides whether to prosecute. Supports the statutory prosecution structure and the DPP's stated independence; it does not, by itself, establish how independence operates in any individual case.