Abuse of Process: Form 1 (D cannot receive a fair trial) 0.0 / 5 ? LawCriminal Procedure and Criminal EvidenceUniversityNone Created by: Sarah RocheCreated on: 10-06-17 09:20 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 4 of 8 How is the case of Badham relevant? Shows that a delay/unreasonably long trial can be a reason for D receiving an unfair trial 5 of 8 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)) 6 of 8 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
Grounds for judicial review: procedural impropriety, natural justice, and legitimate expectation 0.0 / 5
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