Practice and Procedure

R V S E HAMPSHIRE MAGISTRATES' COURT, EX PARTE CROWN PROSECUTION SERVICE (1997)

PUBLISHED December 4, 1997
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The magistrate's decision to grant a stay on the ground of abuse of process was outside the discretion given to him by law. It would be wrong as a matter of discretion to refuse relief to the prosecution because of delay in proceedings for judicial review of the magistrate's decision, which would not cause substantial prejudice or hardship to the defendant.

DC (Schiemann LJ, Mitchell J)

04/12/1997

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