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Judicial Review

Whenever a person has been mistreated by an agency of the state they are entitled to make an application to the High Court to have their case reviewed.  
 
One of the more frequent examples giving rise to such an applications is when there has been an excessive and unreasonable delay in the commencement of an accused person's trial.  Such delays not only cause great distress to an accused but they may also prejudice the person's defence for obvious reasons.  Witnesses may no longer be available and the ability to recollect events may be extremely difficult.  In such circumstances your solicitor can make an application to the High Court seeking an order that the trial be prohibitted.  These applications are regularly brought when an accused is charged with sexual offences alleged to have occured decades ago.  The Court takes into account several factors in these cases such as the reason for the delay and the prejudice to the defence as a result.
 
Applications may also be brought following an error made by a sentencing Judge in Court.  At times the sentence handed down may be greater than that allowed by statute. 
 
If you have any grievance with the manner in which you were treated by an agency of the State you should seek immediate legal advice.
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