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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
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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 |
| Related URLs: | |
| URI: | https://mural.maynoothuniversity.ie/id/eprint/15308 |
| 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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