MURAL - Maynooth University Research Archive Library



    Beyond the Reach of Justice? Complainant Delay in Historic Child Sexual Abuse Cases and the Right to a Fair Trial.”


    Ring, Sinéad (2009) Beyond the Reach of Justice? Complainant Delay in Historic Child Sexual Abuse Cases and the Right to a Fair Trial.”. Judicial Studies Institute Journal, 2. pp. 162-203. ISSN 1649-1262

    [img]
    Preview
    Download (377kB) | Preview


    Share your research

    Twitter Facebook LinkedIn GooglePlus Email more...



    Add this article to your Mendeley library


    Abstract

    This article examines the right to a fair trial in historic child sexual abuse cases. The first part examines the decisions in Irish Superior Courts relating to prohibition applications in historic child sexual abuse. The second part of the article examines the decisions of the Court of Criminal Appeal in appeals brought by persons convicted on historic charges of child sexual abuse. It is argued that in light of the risks of an unfair trial in historic sexual abuse prosecutions, guidance from the appellate courts on directions and warnings to the jury and on rulings in evidential matters arising from the delay are urgently needed, in order to safeguard accused persons’ due process rights.

    Item Type: Article
    Keywords: due process; trial process; criminal law; evidence;
    Academic Unit: Faculty of Social Sciences > Law
    Item ID: 15308
    Depositing User: Sinead Ring
    Date Deposited: 25 Jan 2022 10:40
    Journal or Publication Title: Judicial Studies Institute Journal
    Publisher: Judicial Studies Institute
    Refereed: Yes
    URI:

    Repository Staff Only(login required)

    View Item Item control page

    Downloads

    Downloads per month over past year