Criminal trial to proceed despite prosecutorial delay where attempts were made to evade justice

Criminal law – judicial review – order of prohibition restraining the respondent from further prosecuting the applicant – section 12(1)(b) and (3) of the Criminal Justice(Theft and Fraud Offences) Act 2001 – applicant, allegedly having entered a building as a trespasser, did commit an arrestable offence, to wit theft therein – applicant was seventeen years and nine days old and due to substantial delay on the part of the respondent, her servants or agents, the applicant has been deprived through no fault of his own of the right to be tried and if convicted sentenced as a child – behaviour of the applicant in evading justice – not a case in which the public interest or the balance of justice would dictate that this Court should prohibit the applicant’s trial – relief sought refused.