Abuse of Process: Form 1 (D cannot receive a fair trial)

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What is one example of where D might invoke this ground?
Where there has been negative pre-trial publicity
1 of 8
Was the prolific + hostile pre-trial publicity in West a sufficient reason not to prosecute D?
No - this would be absurd, judge was to direct jury to ignore publicity so as to avoid unnecessary prejudice to D
2 of 8
Is failure to disclose evidence another factor upon which D might invoke this ground?
Yes e.g. B v Feltham Mags' Court (D must show on BOP evidence was so vital that its absence rendered a fair trial impossible)
3 of 8
Inability to find a ... (or absence of one) can render a trial unfair
Intermediary e.g. Cox
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How is the case of Badham relevant?
Shows that a delay/unreasonably long trial can be a reason for D receiving an unfair trial
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A stay of a case due to a delay is very rare - what are the 2 factors which render a stay even less likely to be granted?
Where P acts justifiably or where the case is very complex (AG's Reference (No 1 of 1990))
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Where did an attempt to get a stay fail due to lack of prejudice suffered by D?
Gary Glitter case
7 of 8
Which case says similar things to AG's Ref (No 1 of 1990), thus suggesting that the UK approach is compatible with art.6(1) ECHR?
Howarth v UK
8 of 8

Other cards in this set

Card 2

Front

No - this would be absurd, judge was to direct jury to ignore publicity so as to avoid unnecessary prejudice to D

Back

Was the prolific + hostile pre-trial publicity in West a sufficient reason not to prosecute D?

Card 3

Front

Yes e.g. B v Feltham Mags' Court (D must show on BOP evidence was so vital that its absence rendered a fair trial impossible)

Back

Preview of the back of card 3

Card 4

Front

Intermediary e.g. Cox

Back

Preview of the back of card 4

Card 5

Front

Shows that a delay/unreasonably long trial can be a reason for D receiving an unfair trial

Back

Preview of the back of card 5
View more cards

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