Delay, Lost or Destroyed Evidence, and Adverse Publicity
Delay, Lost or Destroyed Evidence, and Adverse Publicity
This chapter discusses the applicability of the abuse of process doctrine in the context of delay, lost or destroyed evidence, and adverse publicity. It presents considerations that are relevant to a determination of whether proceedings should be stayed as an abuse of process on account of delay. The case of R (Ebrahim) v Feltham Magistrates' Court is cited to provide guidance on the extent to which proceedings might be stayed as an abuse of process on account of the non-availability of evidence. It is also shown that courts have not been willing to accede to submissions that publicity before a trial has made a fair trial impossible, holding that directions from the judge will result in the jury disregarding such publicity.
Keywords: criminal proceedings, Crown Prosecutors, courts, abuse of process, R (Ebrahim) v Feltham Magistrates' Court
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