[2002] EWCA Crim 925

When determining an application to admit evidence under ss.23 and 26 Criminal Justice Act 1988 the decision as to whether it was practicable to secure attendance depended upon all the facts of the case at the time of the application being made. While it was accepted that no prejudice necessarily had to be proved to show an abuse of process, where an undertaking had been made in the magistrates' court to reduce a charge, nothing other than prejudice could have resulted in the sort of injustice, or affront to justice, that would have justified the conclusion that the prosecution should have been stayed.

CA (Crim Div) (Latham LJ, Goldring J, Judge Stokes QC)

25/04/2002