Published Wednesday, 21 December 2011
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The request follows an inquest which found that the boy posed no threat when he was killed.
The 15-year-old suffered two gunshot wounds to the head after a soldier opened fire in the Creggan Estate on 31 July 1972 during a major army operation to clear republican no go areas in the city.
The jury found that Daniel had posed no threat - and that soldiers made no attempt to administer medical attention to him or his cousin who had also been injured in the shooting.
The initial investigation into Daniel's death was conducted by the military - not the RUC - and was found to be flawed and inadequate.
Des Doherty, solicitor for the Hegarty family, told UTV Mr Leckey's move is an important one.
"I am not aware of any case that has been referred to the DPP in this way. It is quite an achievement and I think it pays tribute to the tenacity of the Hegarty family in dealing with the matter".
"Prosecution is possible whether or not it is necessary and whether or not it will be carried out is now of course a matter for the Public Prosecution Service", Mr Doherty added.