header-logo header-logo

Consent, authorisation & the limits of prosecution

237023
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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Weightmans—Jason Slatcher

Weightmans—Jason Slatcher

Weightmans appoint new Chief Technology Officer

Mishcon de Reya—trainees

Mishcon de Reya—trainees

Mishcon de Reya announces trainee retention rate of 86%

Sackers—Charlotte Adams & Fraser Sutton

Sackers—Charlotte Adams & Fraser Sutton

Sackers welcomes two new Graduate Solicitor Apprentices

NEWS
LexisNexis will mark the 80th anniversary of Shawcross and Beaumont on Air Law with a live podcast exploring the evolution of aviation law from the Chicago Convention to the challenges facing modern aerospace, taking place on Tuesday 29 September
Harmony Christian Ministries is the latest charity to benefit from a £500 donation from AlphaBiolabs via the company’s Giving Back initiative
Indemnity costs remain exceptional, but parties cannot ignore a case that deteriorates around them. In Lawrence v Associated Newspapers, Mr Justice Nicklin ordered the claimants to pay indemnity costs after finding their conduct, viewed cumulatively, fell ‘well outside the norm’
Public law is in flux following reversals and robust appellate intervention, according to the latest public law update by the team at HSFK for NLJ
Neurotechnology is turning the human mind into an operational domain, exposing gaps in the laws of war
back-to-top-scroll