Rape trial of young offender to proceed despite inordinate and inexcusable prosecutorial delay

Criminal law – judicial review – application to prohibit criminal trial – applicant was at the time of the alleged offence was aged 15 years and 11 months – whether there has been a substantial, unreasonable and unjustifiable delay in the investigation and prosecution of the alleged offence – no reasonable explanation offered for the delay in having the mobile phone analysed – lack of understanding of the appropriate protocol in respect of the PULSE System concerning juvenile offenders – Juvenile Diversions Programme – Children Act 2001 – right to a trial with reasonable expedition or a speedy trial under Article 38.1 and 40.3 of the Constitution – protective provisions available to alleged child offenders under the Children’s Act 2001 – prosecutorial delay – period of just short of two years passed between the date of complaint and the date of charge – no reasonable basis or excuse for the delay in submitting the complainant’s phone for analysis – delays identified by the court in the investigation of this uncomplicated case were inordinate, inexcusable and unexplained or unsatisfactorily explained – balancing exercise – Kelly ‘The Irish Constitution’ 3rd Edition – benefit of ss. 96 and 143 of the Children Act – applying the appropriate balancing test that taking account of the very serious nature of the alleged offence and the principles of sentencing that will be applied to the applicant as a young adult who committed an offence when under the age of eighteen years, if he were to be convicted, that the delay in this case is not sufficient to outweigh the public interest in allowing this charge to proceed to trial – reliefs sought refused.