The Northern Ireland Public Prosecution Service had not erred in making a decision not to prosecute an alleged rape of a 14-year-old boy with moderate learning difficulties; there was a clear factual basis for the finding that there were insufficient grounds to mount a prosecution.
CREDIBILITY CRIMINAL EVIDENCE CRIMINAL LAW CRIMINAL PROCEDURE DECISIONS TO PROSECUTE PROSECUTION EVIDENCE QUASHING ORDERS RAPE OF CHILD UNDER 13 SUFFICIENCY OF EVIDENCE
Arrangements to provide defence lawyers with the relevant material for the sole purpose of discharging their professional responsibilities to their client, and the acceptance by them of access to such material for that purpose, could not, in any circumstances, be regarded as criminal. Where, in the course of proceedings concerning the making and possession of indecent photographs of a child, the trial judge had ordered the prosecution to make copies of the images for his use, with the defence to be shown an identical copy, and the prosecution had given notice that it would not comply with that order, the proceedings had rightly been stayed as an abuse of process.
ABUSE OF PROCESS COURT ORDERING PROVISION OF PROHIBITED MATERIAL FOR PURPOSE OF CONDUCTING DEFENCE CRIMINAL EVIDENCE CRIMINAL JUSTICE ACT 1988 s.160(1) CRIMINAL JUSTICE ACT 2003 s.58 CRIMINAL PROCEDURE ENTITLEMENT TO STAY PROCEEDINGS AS ABUSE OF PROCESS INDECENT PHOTOGRAPHS OF CHILDREN JUDGMENTS AND ORDERS PROSECUTION DISCLOSURE PROSECUTION EVIDENCE PROSECUTION FAILING TO COMPLY WITH COURT ORDER PROTECTION OF CHILDREN ACT 1978 s.1(1)(a) s.1 s.160 STAY OF PROCEEDINGS
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