Co-accused should have been joined to application to lift reporting restrictions on sentencing hearing

Murray J (nem diss): Judicial review - appeal of a decision to refuse to grant an order of certiorari of a decision of the Dublin Circuit Criminal Court refusing to lift reporting restrictions in respect of a sentencing hearing - the respondent had appeared before the Dublin Children’s Court charged with a number of offences along with two co-accused - the respondent and his co-accused were 17 when charged - the respondent pleaded guilty to one charge of sexual assault contrary to section 2 of the Criminal Law (Rape) (Amendment) Act 1990 and two charges of attempted defilement of a child contrary to section 3 of the Criminal Law (Sexual Offences) Act 2006 - whether the Court erred in law and acted ultra vires in considering that the provisions of the Criminal Law (Rape) Act 1981 provided for the imposition of reporting restrictions when that legislation provided no basis for such restrictions where an accused had pleaded guilty - whether the application was brought outside the time limit under Order 84, rule 21 of the Rules of the Superior Courts - the appellant had brought the application within the required time frame - whether the Circuit Court judge was entitled to exercise her discretion in refusing the application - whether the appellant's delay was sufficient to refuse the relief sought - the delay of the appellants did not afford a basis for refusing the application to set aside the restriction - whether fair procedures had been complied with - there was an obligation to join the respondent's co-accused to the application as their rights may have been affected - obligation to ascertain the views of the complainant - the appellants at all times had the entitlement to re-enter the matter on notice to the parties potentially affected by the order - appeal dismissed.