Prohibition
Prohibition
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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