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.
Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.
If you think you should have access to this title, please contact your librarian.