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State to be put on notice of application to restrain prosecution of minor assault
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The High Court has directed that an application for leave to seek judicial review and restrain the prosecution of an alleged minor assault and the constitutionality of the Adult Cautioning Scheme, be heard on notice. The applicant, a litigant in person, contends that the prosecution lacks a legal basis and infringes upon constitutional rights. The court has not yet decided on the merits of the application but has allowed the intended respondents, including the Director of Public Prosecutions, the Garda Commissioner, and the Attorney General, to be notified for a full hearing.
Judicial review, alleged minor assault, prosecution, Adult Cautioning Scheme, constitutional rights, litigant in person, Director of Public Prosecutions (DPP), Garda Commissioner, Attorney General, Non-Fatal Offences Against the Person Act 1997, Garda Síochána Act 2005, Garda Síochána (Amendment) Act 2022, prosecutorial function, constitutionality, Article 30.3 of the Irish Constitution, prima facie evidence, Criminal Justice (Administration) Act 1924, Criminal Justice (Fraud and Theft) Act 2001, Criminal Justice (Corruption) Act 2018, separation of powers, judicial independence, equality before the law, personal liberty, Imperitia culpae annumeratur (inexperience is counted as negligence).
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