Courts / Ireland / Report

Teen aims to halt sex assault trial on grounds of delay

Date
2022-12-06
Stage
Sentence

Summary

A teenage boy, charged with sexually assaulting a schoolgirl, has filed a High Court judicial review to halt his prosecution because of an alleged three‑year delay. The boy, who cannot be named, argues that the delay has deprived him of the protections of the 2001 Children Act and that he will be tried as an adult if the case proceeds. The alleged offence occurred in a public park in June 2019 when the girl was prevented from leaving by eight teenage boys, all of whom attended the same secondary school. She claims that one boy forced her to perform a sexual act, that she was physically restrained, and that she eventually left only after friends arrived. A Garda complaint was made in early 2020, and the boy was charged in May 2022. He seeks an order to restrain further prosecution, declarations of prosecutorial delay and breaches of constitutional and ECHR rights, and damages.

Who, what, where, when and why

What: Report matter: Teen aims to halt sex assault trial on grounds of delay. Procedural stage: sentence

When:

Case subjects

Unnamed accused

Accused

Outcome: As a result of the delay, it is claimed that by the time he was charged he has lost the protections included in the 2001 Children Act, including his rights to be tried convicted and sentenced as a child.

Places mentioned

Court Venue
  • High Court
  • Circuit Criminal Court

Topics

Stage Sentence Violent Crime

Read the original CNI report

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