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 wrote: ‘I indicated to parties no further adjournment would be granted to the prosecution and that the case must be ready at the resumed hearing or else.’ It came back to court but the prosecutor was still not ready. Sich J then said: ‘I am afraid that I see no alternative but to implement the clear intention of Judge Clarkson of 27th August. I therefore invite the prosecution to consider their position very carefully, and in the light of that I think the only proper course for them is to offer no evidence on this indictment. If they choose not to do that, then I think the defence will have to apply for a stay of proceedings on the grounds of abuse of process.’ The matter came back yet again, and when the judge said it should proceed unless the defendant could demonstrate prejudice. The defendant appealed.
Held: The conviction was quashed. Lord Taylor CJ said: ‘We have considered the circumstances of this case with some anxiety. We have been referred to the well-known authorities on the issue of abuse of process. In our judgment this case does not come within the scope of those authorities. Nevertheless, we feel that in the very special and exceptional circumstances of this case the submission made by Mr Akinjide ought to be upheld. We consider that had the Assistant Recorder been fully and properly informed of the course which had been taken before by two senior judges he would in all probability have followed the course which each of those learned judges indicated they would have followed had the matter come back before them.
We are not, in saying this, seeking to establish any precedent, nor do we seek to bring this particular case within any general principle in regard to abuse of process. We simply find that in the exceptional circumstances of this case an injustice was inadvertantly done to this appellant by reason of the lack of accurate information placed before the Assistant Recorder.’

Judges:

Lord Taylor CJ and Pill and Sedley JJ

Citations:

[1993] Crim LR 793

Jurisdiction:

England and Wales

Cited by:

CitedRegina v Bloomfield CACD 25-Jun-1996
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 . .
CitedSmith, 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: 25 October 2022; Ref: scu.441558