What is Abuse of Process?
The defence may at any stage in proceedings before a court make an application to the Court that the proceedings are an abuse of the process of the court. This involves the court exercising it’s powers to prevent an injustice, this means that the court has the power to stop a prosecution in the magistrates court or stay an indictment in the Crown Court if it feels that the prosecution is so ‘unfair and wrong’ that the Court should not allow the prosecution to proceed. An abuse of process application is a particular legal skill that if effectively deployed can permanently stop an ill-conceived or wrong prosecution.
POSTED: Monday, February 3, 2014