Court of Appeal dismisses appeal of High Court refusal for leave to judicially review a decision of a Criminal Circuit Court judge concerning the jurisdiction to direct the discontinuance of sexual offences proceedings by reason of delay, the admissibility of video recorded interviews with the complainants, and the applicability of the Victim’s Directive, on the grounds that the High Court judge was correct both in his view that an arguable case to challenge the constitutionality of the section in question had not been demonstrated, and that it was not in any event an appropriate claim to seek to make by way of judicial review proceedings.
Judicial review – appeal of High Court refusal for leave for judicial review – delay – appellant has been charged with a number of sexual offences alleged to have been committed against two children aged nine and ten years at the time of the offences – whether the Circuit Court judge had jurisdiction to direct the discontinuance of the proceedings by reason of delay, in particular alleged blameworthy prosecutorial delay – whether video recorded interviews with the complainants were admissible under s. 16(1)(b) of the Criminal Evidence Act 1992 – applicability of the Victim’s Directive – Criminal Act of 1992 – Article 29.4.6 of the Constitution – High Court judge was correct both in his view that an arguable case to challenge the constitutionality of the section in question had not been demonstrated and that it was not in any event an appropriate claim to seek to make by way of judicial review proceedings – appeal dismissed.