The appellant asserted abuse of process. He had previously (2002) been arrested for offences under the 1960 Act. The prosecution was dropped with insufficient evidence. Evidence was stored, and much lost. He now objected that a decision now to go ahead was an abuse saying that the missing evidence included material which would have assisted him.
Held: The appeal was dismissed. Such issues are intensely fact specific.
Judges:
Fulford LJ, May, Swift JJ
Citations:
[2019] EWCA Crim 1225, [2019] WLR(D) 400
Links:
Statutes:
Indecency with Children Act 1960 1(1)
Jurisdiction:
England and Wales
Criminal Practice
Updated: 14 July 2022; Ref: scu.640047