Regina v F(S) – WLR daily

Posted July 25th, 2011 in abuse of process, appeals, delay, law reports, stay of proceedings by tracey

Regina v F(S) [2011] EWCA Crim 1844;  [2011] WLR (D)  242

“An application to stay criminal proceedings for abuse of process on grounds of delay and a submission of ‘no case to answer’ were two distinct matters which had to receive distinct and separate consideration. An application to stay for abuse of process on the grounds of delay could not succeed unless, exceptionally, a fair trial was no longer possible owing to prejudice to the defendant caused by the delay which could not fairly be addressed in the normal trial process, whereas on a submission of ‘no case’ the question was whether the evidence, viewed overall, was such that the jury could properly convict.”

WLR Daily, 21st July 2011