In considering whether a prosecution was an abuse of process, the strength of the prosecution case being a relevant consideration, did not undermine the overriding principle of whether the continuance of the proceedings would cause serious prejudice to an appellant by denying him a fair trial. To make a rational assessment of evidence directly relating to a charge it might often be necessary for a jury to receive evidence describing, perhaps in some detail, the context and circumstances in which the offences were said to have been committed, even if that evidence disclosed the commission of other criminal offences. * Leave to appeal to the House of Lords refused.

CA (Crim Div) (Lord Bingham of Cornhill, Tucker J, Hallett J)


0 comments… add one

Leave a Comment

This site uses Akismet to reduce spam. Learn how your comment data is processed.

Skip to toolbar