Practice and Procedure

R (on the application of ROBERT SMITH) v CROWN PROSECUTION SERVICE (2010)

PUBLISHED November 24, 2010

[2010] EWHC 3593 (Admin)

It would be an abuse of process to proceed with the prosecution against the claimant after the prosecutor and the claimant's lawyers had reached an agreement, expressed to the court, that no evidence would be offered and that the claimant would be acquitted on the basis that the court would then, at his agreement, impose a restraining order.

QBD (Admin) (Ouseley J)