Practice and Procedure

R V J (2002)

PUBLISHED December 20, 2002

[2002] EWCA Crim 2983

It was not necessarily an abuse of process for the prosecution to bring and pursue a charge of indecent assault against a defendant in circumstances where the conduct upon which the charge was based was essentially that of unlawful sexual intercourse with a girl under 16, and the 12-month limitation period in respect of the latter offence had elapsed, as everything depended on the facts of the individual case.

CA (Crim Div) (Potter LJ, Butterfield J, Judge Paget QC)