James Hudson – Successful Application to Stay Indictment as an Abuse of Process
James Hudson represented SV who faced serious allegations in a matter listed before the Crown Court sitting at Stoke.
An application was made to stay the Indictment under the second category of abuse of process. Stays under this category have been described as “very exceptional.” They are reserved for cases where a trial would “offend the court’s sense of justice and propriety” or “undermine public confidence in the criminal justice system and bring it into disrepute.”
The misconduct in this case was the failure to serve evidence and disclose unused material which caused a custody trial to collapse. Repeated requests had been made prior which were met with blanket responses. The first proper response to the defence statement only came three days after the listing for trial. Evidence was being served as late as three months after the trial.
Despite these failures and breaches of court orders, the Crown included false statements across applications to extend CTLs; that they were “ready to proceed to a trial and have complied with all previous court directions and disclosure obligations.”
Having regard to the authorities of Boardman [2015] EWCA Crim 175 and Salt & Salt [2015] EWCA Crim 662, HHJ Graeme Smith decided that a stay of the Indictment was necessary on the particular facts of this case.
The Prosecution did not seek to appeal against the terminatory ruling.
James was instructed by Lisa Paton of Reeds Solicitors.
