Courts / Ireland / Report
Child abuse material accused seeks to have Juvenile Diversion Programme refusal quashed
Summary
A 23‑year‑old man, accused of possessing child abuse material when he was a minor, has applied for a judicial review of a decision by the Garda Juvenile Diversion Programme that he is unsuitable for entry because the offence is deemed too serious. He was charged at 18 and a search warrant was executed at his home in January 2020. His counsel, Breffni Gordon, argues that the three‑and‑a‑half‑year delay between the search and the programme's decision was excessive and that the applicant was not properly informed about the seriousness of the offence or the criteria for admission. The applicant claims he chose the programme after admitting the offence, but was later told he was unsuitable. The High Court granted leave to pursue the review, stayed the criminal proceedings, and adjourned the case to 18 March 2025.
Who, what, where, when and why
What: Report matter: Child abuse material accused seeks to have Juvenile Diversion Programme refusal quashed. Charges or matters: possessing the material on digital devices on an unspecified date when he was a minor. Procedural stage: sentence
When:
- January 2020 Hearing Or Sentence
- September 2023 Incident
- January 27, 2025 Incident
- March 18 Adjournment
- 2025-02-24 Publication
Case subjects
Accused
Charges: possessing the material on digital devices on an unspecified date when he was a minor (Alleged Or Contested)
Outcome: It is claimed by the applicant that when asked by gardaí if he would prefer to proceed with the matter via the courts or through the Juvenile Detention Programme, the applicant opted for the programme after admitting the offence. "The applicant was led to believe, and did believe, that inclusion in the programme was an available option in all of the circumstances of the case and consequently the applicant was induced to admit, and did admit, the offence," said Mr Gordon.; Ms Justice Gearty, who granted the application for leave to pursue the matter, put a stay on the criminal proceedings against the defendant and adjourned the case to March 18.
Places mentioned
- High Court
Topics
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