When a defendant argues for an abuse of process from delay, the court should make its ruling only after the close of the prosecution case, when the effect of the delay may be properly understood. A stay should be exceptional.
Citations:
[2004] 2 Cr App R 40
Jurisdiction:
England and Wales
Cited by:
Cited – Ali, Altaf v Crown Prosecution Service, West Midlands CACD 22-Mar-2007
The defendant was first arrested in 1997, but only re-arrested in 2004. He complained that the delay affected his right to a fair trial within a proper time. The judge accepted this but the trial proceeded, the judge denying a claim of abuse of . .
Lists of cited by and citing cases may be incomplete.
Criminal Practice
Updated: 14 May 2022; Ref: scu.250549