Where a defendant has been induced to believe that he will not be prosecuted, this is capable of founding a stay for abuse; where he then co-operates with the prosecution in a manner which results in manifest prejudice to him, it will become inherently unfair to proceed against him. A breach of a promise not to prosecute does not inevitably give rise to abuse but may do so if it has led to a change of circumstances.
Judges:
Rose LJ V-P, Keene, Hyam JJ
Citations:
[1997] EWCA Crim 1118, [1997] 2 Cr App R 540
Links:
Jurisdiction:
England and Wales
Cited by:
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 . .
Lists of cited by and citing cases may be incomplete.
Criminal Practice
Updated: 06 July 2022; Ref: scu.150573
