Practice and Procedure

R (on the application of TP) (Claimant) v WEST LONDON YOUTH COURT (Defendant) & (1) CROWN PROSECUTION SERVICE (2) SECRETARY OF STATE FOR THE HOME DEPARTMENT (Interested Parties) (2005)

PUBLISHED January 10, 2006

Staying criminal proceedings for an abuse of process was a power that ought only to be employed in exceptional circumstances, and in such a case abuse had to be established on the balance of probabilities. The trial of the defendant who had a mental age of eight did not necessarily involve a breach of the European Convention on Human Rights 1950 Art.6, and the youth court was able to adapt its procedures so that he could effectively participate in the proceedings.

[2005] EWHC 2583 (Admin)