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The Court of Appeal dismissed an appeal from the High Court, which had refused to prohibit the prosecution of a young person charged with rape due to prosecutorial delay. The appellant, who was a minor at the time of the alleged offence and diagnosed with ADHD and Asperger’s Syndrome, argued that the delay prejudiced his right to a fair trial, increased his psychological distress, and resulted in the loss of procedural protections granted to minors. The Court of Appeal upheld the High Court's decision, finding that, although blameworthy delay by the prosecution was established, the appellant failed to show that the delay caused sufficient additional prejudice to outweigh the strong public interest in having serious allegations tried. The Court noted that appropriate protections for minors at sentencing and trial would be available, and that alleged deficiencies in the investigation or prejudice regarding witnesses were best addressed at trial, rather than forming grounds to prohibit the prosecution.
prohibition of prosecution – prosecutorial delay – juvenile accused – rape charge – right to fair trial – psychological vulnerability – ADHD – Asperger’s Syndrome – Children Act protections – anonymity – sentencing of minors – balancing exercise – High Court decision affirmed – public interest in prosecution – RSC (Rules of the Superior Courts)
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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