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    Analysing 'Fairness in Context' in Historic Child Sexual Abuse Prohibition Applications


    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:

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