Issue:
8141
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Categories:
Features
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Criminal
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Procedure & practice
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Rule of law
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Constitutional law
The collapse of R v Óg Ó hAnnaidh reveals how procedural safeguards anchor the rule of law & keep prosecutorial power within constitutional bounds, writes Manvir Kaur Grewal
- The collapse of the prosecution in R v Óg Ó hAnnaidh underscores how statutory safeguards—such as consent requirements and time limits—define the lawful boundaries of state power in criminal justice.
- For defence practitioners, it serves as a reminder that procedural law is a constitutional safeguard, not a technicality—ensuring prosecutions are properly authorised, timely, and within the limits of Parliament’s intent.
The collapse of the prosecution in R v Óg Ó hAnnaidh (O’Hanna) is a moment of quiet but significant importance for criminal law practitioners. At first glance, the outcome appears to stem from a procedural or administrative oversight. However, in reality, it is a potent demonstration of how Parliament frames the boundaries of state power in the criminal justice system.
Liam Óg Ó hAnnaidh, a member of the Irish rap group Kneecap
