Abuse of process

Principles of abuse of process

The courts have an overriding duty to promote justice and prevent injustice. This duty includes the inherent power to stay an indictment in the Crown Court, or stop a prosecution in the magistrates' court, if the court is of the opinion that to allow the prosecution to continue would amount to an abuse of process.

The stay of a prosecution could arise in the following circumstances:

1. •

   where the accused could not receive a fair trial, or

2. •

   where it would be unfair to try the accused because it offends the court's sense of justice and propriety to be asked to try the accused in the circumstances of the particular case

The objective of this discretionary power is to ensure that there is a fair trial. This means fair to the defence and to the prosecution according to the law.

The categories of cases in which the courts have exercised their power to stay a prosecution are:

1. •

   delay causing prejudice to the accused

2. •

   failing to secure or destroying evidence

3. •

   breach of a promise not to prosecute

4. •

   abuse