J. (J.) v. D.P.P. [1997] IEHC 32 (21st February, 1997)

J. (J.) v. D.P.P. [1997] IEHC 32 (21st February, 1997)

There is no basis to prohibit the prosecution as neither a serious risk of unfair trial nor unconscionability is established; counselling does not preclude prosecution.

Citation
[1997] IEHC 32
Parties
Applicant: Applicant; Respondent: Respondent
Jurisdiction
Ireland
Procedural Posture
Application for Order of Prohibition / High Court Judgment on Application
Outcome
Application for prohibition refused
Legal Topics
Prohibition of Prosecution, Delay in Prosecution, Estoppel, Fair Procedures, Natural Justice
Criminal Law Constitutional Law Prohibition of Prosecution Delay in Prosecution Estoppel Fair Procedures Natural Justice

Case Brief

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Parties

Applicant

Applicant

Respondent

Respondent

Procedural Posture

Application for Order of Prohibition / High Court Judgment on Application

Legal Issues

  1. 1 Whether prosecution should be prohibited due to delay and alleged breach of fair procedures
  2. 2 Whether Applicant was led to believe he would not be prosecuted
  3. 3 Whether prosecution is unconscionable or would result in unfair trial

Ratio Decidendi

There is no basis to prohibit the prosecution as neither a serious risk of unfair trial nor unconscionability is established; counselling does not preclude prosecution.

Court Disposition

Application for prohibition refused

Orders

  • No order prohibiting prosecution; proceedings to continue