The Court of Appeal has dismissed an appeal by C.P. seeking to prohibit his prosecution for an alleged rape committed when he was a child.
In a judgment delivered on 29 January 2026, Mr Justice Charles Meenan upheld a High Court decision allowing the prosecution to proceed despite a finding that Garda and prosecutorial delay had breached C.P.'s constitutional right to a trial with due expedition.
C.P., who was born in early 2007, is charged with rape arising from an alleged incident in March 2022. The complainant, also born in 2007, reported the allegation immediately. C.P. voluntarily attended a Garda station that day with his mother, but he was not charged until 6 December 2024.
The High Court found the delay blameworthy, noting that the necessary prosecution material was or should have been available by October 2022. That finding was not appealed by the DPP.
C.P. argued that the delay caused additional prejudice because of his ADHD, Asperger's Syndrome, cognitive vulnerabilities and deteriorating mental health. A psychologist recorded panic attacks, sleep problems and later symptoms of obsessive-compulsive disorder.
The Court of Appeal agreed with the High Court that the evidence did not sufficiently connect most of those difficulties to the prosecutorial delay itself rather than to the rape allegation and criminal proceedings generally. The court noted that panic attacks and insomnia arose within months of the allegation, while C.P. had already left school before the alleged offence.
The court also rejected arguments concerning unidentified potential witnesses and the possible loss of juvenile rehabilitation options as too speculative.
C.P. will retain anonymity and, if convicted, sentencing must take account of his age when the alleged offence occurred. The court held that these safeguards, together with the trial judge's continuing power to ensure a fair trial, meant the established delay did not justify stopping the prosecution.