Ring, Sinéad (2014) Analysing 'Fairness in Context' in Historic Child Sexual Abuse Prohibition Applications. Irish Criminal Law Journal, 23 (4). pp. 132-141. ISSN 0791-539X

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Abstract

Prohibition applications relating to historic child abuse charges are a litmus test of the courts' commitment to upholding fairness to the accused. This article argues that the prohibition case law reveals two trends: one in which fairness is being marginalised; and another in which it is given a contextualised meaning. The article argues that the latter approach represents an attempt to re-imagine fairness to the accused in prohibition applications. Analysing fairness in context is shown to be a continuation of a tradition in Irish constitutional jurisprudence of understanding fairness to the accused as both fundamental and evolving. Published in (2013) Irish Criminal Law Journal 132-140.

Item Type:	Article
Keywords:	fair trial; due process; criminal process;
Academic Unit:	Faculty of Social Sciences > Law
Item ID:	15307
Depositing User:	Sinead Ring
Date Deposited:	25 Jan 2022 10:36
Journal or Publication Title:	Irish Criminal Law Journal
Publisher:	Thomson Round Hall
Refereed:	Yes
URI:
Use Licence:	This item is available under a Creative Commons Attribution Non Commercial Share Alike Licence (CC BY-NC-SA). Details of this licence are available here

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