Right to a speedy trial

Whitecarstones · 30-01-2020 03:22PM #1

Does one have the right to a speedy trial in Ireland? I know it is not expressed within the constitution, but what about the european convention of human rights article 6?

Being honest I am awaiting to be put on trial for something I am not proud of. I have been waiting fourteen months with it hanging over my head. I cannot work due to severe depression which is been exacerbated by the wait.

But worst of all my family are suffering and I hate it. I know I have done wrong and own up to it but I just want it over with. I dont even care if I go to jail now. I need closure.

Can I do anything?

GM228 · 30-01-2020 04:49PM

There is a right to reasonable expedition afforded by Article 38.1 of the Constitution, however the facts must be assessed in each case in light of the particular circumstances of the case.

If the accused's defence has been explicitly prejudiced by the delay (the delay was both unreasonable and prejudicial) then they may be entitled to an order prohibiting the trial.

randomrb · 31-01-2020 09:48AM

Is your matter civil or criminal?

Whitecarstones · 31-01-2020 12:39PM

randomrb wrote: »

Is your matter civil or criminal?

Criminal unfortunately:(

Whitecarstones · 31-01-2020 12:40PM

GM228 wrote: »

There is a right to reasonable expedition afforded by Article 38.1 of the Constitution, however the facts must be assessed in each case in light of the particular circumstances of the case.

If the accused's defence has been explicitly prejudiced by the delay (the delay was both unreasonable and prejudicial) then they may be entitled to an order prohibiting the trial.

Thank you

31-01-2020 12:51PM

GM228 wrote: »

There is a right to reasonable expedition afforded by Article 38.1 of the Constitution, however the facts must be assessed in each case in light of the particular circumstances of the case.

If the accused's defence has been explicitly prejudiced by the delay (the delay was both unreasonable and prejudicial) then they may be entitled to an order prohibiting the trial.

Although taking this route would likely extend the process substantially, which seems to be not in line with what the OP wants

Right to a speedy trial

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