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Delayed Prosecution for Childhood Sexual Abuse$
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Penney Lewis

Print publication date: 2006

Print ISBN-13: 9780199282289

Published to Oxford Scholarship Online: January 2009

DOI: 10.1093/acprof:oso/9780199282289.001.0001

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Prohibition

Prohibition

Chapter:
(p.79) 4 Prohibition
Source:
Delayed Prosecution for Childhood Sexual Abuse
Author(s):

Penney Lewis

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199282289.003.0004

In Ireland, an accused person facing a trial on charges relating to a delayed complaint can make a judicial review application for an order of prohibition in a civil court. The defendant's application for prohibition is subject to a test which includes a presumption that the complaint is true. This poses a problem for the presumption of innocence in these cases to a far greater degree than has been the case in the English courts. It is the ‘fair trial’ element of the Irish test which should be the operative method of decision-making in this context, both in order to maintain the presumption of innocence, and because it is the only real test which can be applied.

Keywords:   Ireland, judicial review, presumption of innocence, fair trial

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