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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). (KAR id:35555)

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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: Divisions > Division for the Study of Law, Society and Social Justice > Kent Law School
Depositing User: Catherine Norman
Date Deposited: 21 Oct 2013 11:34 UTC
Last Modified: 29 Sep 2021 14:40 UTC
Resource URI: https://kar.kent.ac.uk/id/eprint/35555 (The current URI for this page, for reference purposes)
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