DPP welcomes court's decision rejecting idea counselling notes need to be disclosed
Ms Pierse said her office deals with around 17,000 files a year, and it makes prosecution decisions in all serious cases and conducts prosecutions in the higher courts. Picture: iStock
The Director of Public Prosecutions (DPP) has said she “very much welcomes” a recent Supreme Court judgment rejecting the notion that disclosure of counselling notes in sexual offence cases is required.
The potential handing over of the highly sensitive and private information from therapy sessions with victims of sexual abuse has long been an issue of grave concern among therapists and rape support groups, while also being a source of anxiety and distress for survivors.
In a speech marking the 50th anniversary of her office, director Catherine Pierse said that, separate to counselling notes, there were other records that can also contain “deeply private information” — such as social work records and mobile phone data.
The reception marking the anniversary was attended by Taoiseach Micheál Martin, justice minister Jim O’Callaghan, as well as senior judges, State lawyers, and gardaí.
Ms Pierse said there is a need to revisit the policies and practices on disclosure, referring to the obligation on the prosecution to hand over any information it has on the case that might be relevant to the defence.
“Currently, the prosecution and investigators are reviewing vast amounts of material to identify if there is information that might be of relevance to the defence — in the absence of any statutory obligation on the defence to engage on this,” Ms Pierse said.
She said there are other categories of records that can also contain “deeply private” information — such as “medical, social work or family law records, and mobile phone data”.
The DPP said the earlier in the process the prosecution can clarify what is relevant and disclose it, the sooner the defence can have a “meaningful conversation” with their clients about whether they want to contest or plead guilty.
“Putting in place the systems to support this early engagement is key, given the level of work and money that goes into preparing for a trial, and the level of anxiety caused to all those waiting for their trial to come on,” she said.
She said her office deals with around 17,000 files a year, and it makes prosecution decisions in all serious cases and conducts prosecutions in the higher courts.
“Recent government decisions mean that we are also working towards being able to provide better support for and quality assurance of District Court prosecutions, which are taken by our colleagues in An Garda Síochána in the name of the DPP,” she said.
