The defendant appealed his conviction for illegal entry. He complained that after first being proceeded against for illegal working, it was an abuse now to pursue this prosecution.
Held: No abuse had been established, only delay.
Judges:
Staughton LJ, Tucker J
Citations:
[1996] EWHC Admin 300
Links:
Statutes:
Citing:
Cited – Regina v Horseferry Road Magistrates’ Court, ex Parte Bennett (No 1) HL 24-Jun-1993
The defendant had been brought to the UK in a manner which was in breach of extradition law. He had, in effect, been kidnapped by the authorities.
Held: The High Court may look at how an accused person was brought within the jurisdiction when . .
Cited – Regina v Croydon Justices Ex Parte Dean QBD 9-Mar-1993
The applicant a 17 year old assisted the police in a murder investigation on the understanding, induced by the police, that he would not himself be prosecuted. Some weeks later, at the instance of the CPS, the applicant was charged with a lesser . .
Cited – Regina v Derby Magistrates Court, ex parte Brooks 1993
Looking at the court’s power to halt a prosecution as an abuse of process, the court said: ‘The power to stop a prosecution arises only when it is an abuse of a process of the court. It may be an abuse of process if either (a) the prosecution have . .
Lists of cited by and citing cases may be incomplete.
Immigration, Criminal Practice
Updated: 25 May 2022; Ref: scu.136848
