S. v. D.P.P. [2000] IESC 30 (19th December, 2000)

S. v. D.P.P. [2000] IESC 30 (19th December, 2000)

Section 7 of the Criminal Justice Act 1951 removes the six-month time limit for indictable offences tried summarily, including indecent assault. The delay in prosecution was adequately explained by the complainants' psychological evidence regarding the applicant's position of authority. The applicant failed to establish a real and serious risk of an unfair trial due to delay. The principles applicable to delayed child sexual abuse prosecutions apply equally to summary trials in the District Court.

Citation
[2000] IESC 30
Parties
Applicant/appellant: S.; Respondent: Director of Public Prosecutions; Second Named Respondent: District Judge (unnamed)
Jurisdiction
Ireland
Procedural Posture
Judicial Review Appeal / Supreme Court Appeal From High Court Refusal of Prohibition Order
Outcome
appeal dismissed
Legal Topics
Delay in Prosecution, Child Sexual Abuse, Right to Fair Trial, Summary Proceedings, Statutory Time Limits, Presumption of Innocence
Criminal Law Constitutional Law Human Rights Law Delay in Prosecution Child Sexual Abuse Right to Fair Trial Summary Proceedings Statutory Time Limits +1 more

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Parties

S.

Applicant/appellant

Director of Public Prosecutions

Respondent

District Judge (unnamed)

Second Named Respondent

Procedural Posture

Judicial Review Appeal / Supreme Court Appeal From High Court Refusal of Prohibition Order

Legal Issues

  1. 1 Whether the six-month time limit under Section 10 of the Petty Sessions (Ireland) Act 1851 applies to summary prosecution of indictable offences in the District Court
  2. 2 Whether the delay between the alleged offences and prosecution constitutes an abuse of process or prejudices the right to a fair trial
  3. 3 Whether the circumstances of the case fall within the special category of child sexual abuse cases justifying delay

Ratio Decidendi

Section 7 of the Criminal Justice Act 1951 removes the six-month time limit for indictable offences tried summarily, including indecent assault. The delay in prosecution was adequately explained by the complainants' psychological evidence regarding the applicant's position of authority. The applicant failed to establish a real and serious risk of an unfair trial due to delay. The principles applicable to delayed child sexual abuse prosecutions apply equally to summary trials in the District Court.

Court Disposition

appeal dismissed

Orders

  • Order of the High Court refusing prohibition affirmed
  • Application for prohibition of trial in District Court refused