Friday, 22 July 2011

CPS v F [2011] EWCA Crim 1844 (21 July 2011)

CPS v F [2011] EWCA Crim 1844 (21 July 2011)

t the outset of the trial the defendant gave notice of an application for a stay of the proceedings on the ground conventionally described as "abuse of process" although there was no suggestion of prosecutorial bad faith or incompetence. The application was based on the complainant's delayed report of sexual abuse.


this is a very important case because it reviews all the authorities from Galbraith onwards; the court ruled that the learning judge was wrong to withdraw the case from the jury and allowed the prosecution appeal.

It confirms my instinctive feeling that very few abuse of the process arguments have any legs

Thursday, 21 July 2011

Barkshire & Ors v R. [2011] EWCA Crim B3 (20 July 2011)

Barkshire & Ors v R. [2011] EWCA Crim B3 (20 July 2011)

defence of justification and necessity validity of and disclosure, possible agentprovocateur; the famous case of the occupation of the coal fired power station and the undercover policeman; appeal allowed convictions quashed