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

Charles Russell Speechlys—James Paterson

Charles Russell Speechlys—James Paterson

Charles Russell Speechlys further bolsters Private Equity expertise with the appointment of James Paterson

Ellisons—Samuel Flower

Ellisons—Samuel Flower

Ellisons strengthens Rural Affairs team with senior appointment

Sidley—Carl Hotton

Sidley—Carl Hotton

Sidley adds insurance mergers and acquisitions partner to London office

NEWS
A deputy costs judge correctly exercised his discretion to allow late service rather than strike out the point of dispute, the Court of Appeal has held
Prince Harry, Baroness Doreen Lawrence and five others have lost their case against the publisher of the Daily Mail, Mail on Sunday and MailOnline, in Various Claimants v Associated Newspapers [2026] EWHC 1637 (KB)
Public confidence in the justice system is being undermined by a lack of accessible, useable data, magistrates have warned
The Sentencing Council has launched draft guidelines for facilitation and endangering another person during a sea crossing to the UK
Government proposals to make independent written legal advice a prerequisite for workplace non-disclosure agreements (NDAs) may prove unworkable, according to a senior employment lawyer
back-to-top-scroll