Prosecutorial delay is prejudicial where applicant was a minor at the time of the alleged offences

Barr J: Criminal Law – judicial review – application to restrain continued prosecution – money laundering – applicant was a minor from the date of the alleged offences – applicant asserts that due to blameworthy prosecutorial delay, the applicant has been deprived of the statutory protections under the Children Act, 2001 – applicant had reached age of majority prior to being charged – applicant connected with people from ‘MoneyMake’ – applicant was asked to provide his bank details and he would receive 30% of the monies in exchange for withdrawing the money from post offices – €6800 was lodged into his account – applicant was driven by three men to withdraw money - applicant charged at Naas District Court – DPP directed summary disposal – Judge Zaidan refused jurisdiction – special duty owed to a child or young person in relation to a trial with reasonable expedition - first question to be determined by a court is whether or not there has been any culpable or blameworthy prosecutorial delay in the case – statutory protections which applicant has been deprived of and the potential prejudice suffered considered – two periods of delay within the investigation – there was culpable prosecutorial delay in the investigation and prosecution of the matter – loss of right to anonymity is a significant prejudice – loss of mandatory nature of statutory provisions is itself prejudicial to the applicant – order prohibiting future prosecution of the applicant.