The High Court has refused to stop a prosecution in which it is alleged a 15-year-old boy defiled and exploited a 12-year-old girl.
On their return to the town centre, they were intercepted by the girl’s relatives who had been concerned as to her whereabouts.Irish woman says she will ‘never forget’ eyes of alleged rapist and chief suspect in Madeleine McCann caseIt is also alleged he subsequently sent a copy of the video recordings to one of her relatives in an attempt to corroborate his assertion that the sexual intercourse had been consensual.
His grounds included that the delay in charging him meant that he had “aged out” and no longer got the benefit at his trial of a right to anonymity, a mandatory probation report, and favourable sentencing principles on the basis that he was a child. He said the lapse of two years and two months between the date of the complaint and the date of charge represented, in the absence of any extenuating circumstances, a failure to comply with the constitutional imperative of reasonable expedition in the investigation and prosecution of offences alleged to have been committed by a child, he said.
Here, he said, the only prejudice which has been established by the accused is the potential loss of the opportunity to avail of the reporting restrictions provided under the Children Act 2001.
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