Consent, authorisation & the limits of prosecution

• 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