LAW IN PRACTICE
The trial of children in the Central Criminal Court
LEGISLATION
The trial of Boy A and Boy B for the murder of Ana Kriégel was unprecedented in this jurisdiction due to the age of the accused as well as the circumstances of the case. 1
trial of children. Nonetheless, it is remarkable that the trial of Boy A and Boy B took place so promptly, considering the scale of the prosecution evidence.6 In addition, and quite crucially, an experienced trial judge was assigned to the trial in advance and thus was able to deal with pre-trial matters7 and to anticipate any issues that might arise, thus ensuring the smooth running of the trial.
Dr Miriam Delahunt BL In the 2019 trial of Boy A and Boy B for the murder of 14-year-old Ana Kriégel in May 2018, both accused were 13 years of age at the time and lived in the same area as the victim. All three knew each other. There appeared to be no answer to the question as to why Ana Kriégel was killed. Both boys were charged with her murder and Boy A was also charged with aggravated sexual assault.
Pre-trial considerations One of the notable aspects of the trial was how swiftly it took place. The Courts
In addition, and quite crucially, an experienced trial judge was assigned to the trial in advance and thus was able to deal with pre-trial matters and to anticipate any issues that might arise, thus ensuring the smooth running of the trial.
Service Annual Report indicates that waiting times in the Central Criminal Court are, on average, 11 months and that “earlier dates are made available for trials
During the trial
involving child and other vulnerable witnesses”.2 This figure does not allow for
On the first day of the trial, when the defendants were arraigned, a parent sat in
time spent in the District Court for service of the Book of Evidence. In this
the dock with each of them. From then on, both Boy A and Boy B sat in the body
jurisdiction, the issues regarding delay for hearings of accused children have been
of the court separate to each other, and each accompanied by parents and family.8
3
19
4
comprehensively examined in the case of RD v DPP. Domestic and international
In accordance with the Children Act 2001, the courtroom became the Children’s
legislation5 requires that there is no delay when it comes to matters involving the
Court for the duration of the trial. The defendants were accompanied by their
THE BAR REVIEW : Volume 25; Number 1 – February 2020
