It was an abuse of process to proceed with a prosecution in the face of an unequivocal statement by counsel for the Crown to the Court that the prosecution would tender no evidence. There was no change of circumstances which might have justified departing from that statement. ‘The statement of the prosecution that they would offer no evidence at the next hearing was not merely a statement made to the defendant or his legal representative. It was made coram judice, in the presence of the judge. It seems to us that whether or not there was prejudice it would bring the administration of justice into disrepute if the Crown Prosection Service were able to treat the court as if it were at its beck and call, free to tell it one day that it was not going to prosecute and another day that it was.’
Judges:
Staughton LJ, Kennedy, Crane JJ
Citations:
[1997] 1 Cr App R 135, [1996] EWCA Crim 1801
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Regina v Mahdi CACD 15-Mar-1993
There had been delay in the prosecution. Eventually, the prosecutor sought another adjournment before Judge Clarkson, who said ‘it is to be recorded that this is the last time that there will be an adjournment for the benefit of the prosecution.’ He . .
Cited by:
Distinguished – Regina v Mulla CACD 12-Jun-2003
The prosecution indicated that they would be prepared to accept a plea to a lesser charge than causing death by dangerous driving, namely careless driving. After comments from the judge, another prosecutor took over the case and the charge reverted. . .
Cited – Brizzalari v Regina CACD 19-Feb-2004
Limits to Requests for Adverse Inferences
In closing, prosecuting counsel had suggested that during the trial two matters had been mentioned by the defence which had not been mentioned earlier, and that the jury should feel free to draw proper inferences under the 1984 Act from that . .
Cited – Regina v Abu Hamza CACD 28-Nov-2006
The defendant had faced trial on terrorist charges. He claimed that delay and the very substantial adverse publicity had made his fair trial impossible, and that it was not an offence for a foreign national to solicit murders to be carried out . .
Cited – Smith, Regina (on The Application of) v Crown Prosecution Service Admn 24-Nov-2010
The claimant sought judicial review of the defendant’s refusal to discontinue the prosecution of the claimant. The judge had suggested that the defendant could submit to a restraining order without a finding of guilt. The CPS had concluded that no . .
Lists of cited by and citing cases may be incomplete.
Criminal Practice
Updated: 08 October 2022; Ref: scu.183873
