Abuse of Process - A Guide for Criminal Lawyers

Introduction

This short webinar will deal with the essential points you must have in mind whenever you take the view that the court should ‘stay the proceedings as being an abuse of process’. For the court to take such a course is very rare, so choose your cases wisely! Staying the proceedings as being an abuse of process is a measure of last resort.

This webinar will deal with the main headings of abuse and also touch upon the ‘mechanics’ of it all.

What You Will Learn

This webinar will cover the following 12 issues:

• ‘Flag up’ the details of your abuse argument on the PET Form - ideally, in the Magistrates’ Court you would like the matter to go before a District Judge
• ‘Prepare a skeleton argument for both your opponent and the court - such argument should also contain the citations of your authorities
• ‘There are 2 limbs of abuse justifying a stay - the 1st is when a fair trial is not possible, the 2nd is where it offends the Court’s sense of justice and propriety
• ‘The 2026 case of Rex v HGF - a consideration of whether or not the prosecution was an abuse in circumstances where CCTV footage had not been gathered
• ‘The 2026 case of Rex v Donaldson - a consideration of the circumstances in which more serious charges could rightfully be brought where the defendant had earlier pleaded guilty to lesser offences
• ‘The burden and standard of proof when arguing that the proceedings amount to an abuse
• ‘Abuse of process and the Criminal Procedure Rules 2025 (as amended)
• ‘Has there been unconscionable delay whereby a fair trial is no longer possible? - an example of the 1st limb of the 2 limbs of abuse
• ‘Is the prosecution in some way manipulating or misusing the process of the court? - an example of the 2nd limb of the 2 limbs of abuse
• ‘Where are you going to have your argument? - In the Magistrate’s Court or in the Crown Court?
• ‘Circumstances in which you may have to put the argument in the Court of Appeal because the High Court has no jurisdiction to entertain the matter
• ‘Was it a question of going back on a promise or simply choosing the option least beneficial for the defendant?

This pre-recorded webinar will be available to view from Thursday 7th January 2027

Alternatively, you can gain access to this webinar and 2,400+ others via the MBL Webinar Subscription. Please email webinarsubscription@mblseminars.com for more details.