Peer-Reviewed Journal Details
Mandatory Fields
Ring, Sinéad
Irish Criminal Law Journal
Analysing 'Fairness in Context' in Historic Child Sexual Abuse Prohibition Applications
Optional Fields
fair trial, due process, criminal process
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.
Grant Details