The crown sought leave to appeal against a decision of the trial judge to stay a prosecution as an abuse of process.
Held: The decision was an exercise of judicial discretion. As such a court of appeal should be very reluctant to interfere with it. For leave to be granted it had to be seriously arguable not only that the decision was incorrect but that the judge could not properly have come to the conclusion he had. Leave was refused.
Judges:
Sir Igor Judge, President, Mr Justice Aikens and Mrs Justice Swift
Citations:
Times 22-May-2008
Jurisdiction:
England and Wales
Criminal Practice
Updated: 18 June 2022; Ref: scu.272268