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Analysing Fairness in Context in Historic Child Sexual Abuse Prohibition Applications

Ring, Sinéad (2013) Analysing Fairness in Context in Historic Child Sexual Abuse Prohibition Applications. Irish Criminal Law Journal, 23 (4).

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Abstract

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.

Item Type: Article
Subjects: K Law
K Law > K Law (General)
Divisions: Faculties > Social Sciences > Kent Law School
Faculties > Social Sciences > Kent Law School > Centre for Law, Gender and Sexuality
Depositing User: Cathy Norman
Date Deposited: 21 Oct 2013 11:34 UTC
Last Modified: 29 May 2019 11:08 UTC
Resource URI: https://kar.kent.ac.uk/id/eprint/35555 (The current URI for this page, for reference purposes)
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