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The Court of Appeal has dismissed an appeal from the High Court, and affirmed a decision to grant prohibition of the prosecution of a young individual charged with money laundering due to significant prosecutorial delay. The delay in prosecution had resulted in the individual losing the protections afforded to minors under the children's legislation, leading to significant prejudice. The Court of Appeal agreed with the High Court's assessment of delay and prejudice, although it recalculated the period of delay to be nine months instead of twenty. Despite this, the Court of Appeal concluded that the public interest in prosecuting the offence did not outweigh the prejudice suffered by the individual, who had been a minor at the time of the alleged offence. The appeal by the Director of Public Prosecutions was dismissed, affirming the injunction against further prosecution.
Court of Appeal, prosecutorial delay, money laundering, Children Act 2001, prejudice, injunction, public interest, Criminal Justice (Money Laundering & Terrorist Financing) Act 2010, Garda Youth Diversion Programme (GYDP), anonymity, expungement of criminal records, summary trial, culpable delay, juvenile offender, right to a speedy trial.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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