Abuse of Process in Criminal Proceedings - Live with Colin Beaumont
This virtual classroom seminar will take you through the important things you need to know if you are going to put forward an argument in court that the very proceedings are an abuse of the process of the court whereby, they should be stayed.
The Court of Appeal have said more than once that the power of the court to stay proceedings as an abuse of process should be exercised by the court sparingly. Let us all agree at the very outset that most abuse of process arguments are likely to fail but that is not a good reason for not trying.
What You Will Learn
This live broadcast will cover the following:
- The ‘headings’ of abuse
- The argument that the proceedings are an abuse because evidence has been lost
- The argument that the proceedings are an abuse because evidence has been concealed
- The argument that the proceedings are an abuse because there has been unconscionable delay whereby a fair trial is no longer possible
- Case law in which the Court of Appeal has ruled that the proceedings were an abuse because the prosecution were trying to take advantage of a technicality or, in some other way, manipulate the criminal justice process
- Flagging up the issue on the ‘preparation for an effective trial’ (PET) form in the Magistrates’ Court or the ‘plea and trial preparation hearing’ (PTPH) form in the Crown Court
- Understanding the point that most abuse of process arguments will fail on the point that it is something that the court can deal with during the trial process itself
- ‘Reneging on a promise’
- Sections 76 and 78 of the Police and Criminal Evidence Act 1984 - exclusion of unfairly obtained evidence
- Rule 7 of the Criminal Procedure Rules 2020 (as amended) dealing with the commencement of a prosecution in a Magistrates’ Court
- Putting the argument in the Magistrates’ Court or the Crown Court or, somewhat usually, the Court of Appeal
- Entrapment - to be construed vary narrowly - was this truly entrapment or did the defendant merely walk into the spiders web that had been spun by the prosecuting authority!
- Making the decision not to prosecute and then having a change of heart and deciding to prosecute!
- Historical sex cases - unconscionable delay whereby a fair trial is no longer possible? - Why the argument fails so often
- Skeleton arguments
Recording of live sessions: Soon after the Learn Live session has taken place you will be able to go back and access the recording - should you wish to revisit the material discussed.