Abuse of process procedure


Published by a ÑÇÖÞÉ«ÇéÍø Corporate Crime expert
Practice notes

Abuse of process procedure


Published by a ÑÇÖÞÉ«ÇéÍø Corporate Crime expert

Practice notes
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For an explanation of when abuse of process applications may arise in criminal proceedings, see Practice Note: Abuse of process in criminal proceedings.

The application procedure for making an abuse argument is governed by the criminal procedure rules 2020 (CrimPR), SI 2020/759. The burden of proof is on the applicant, on the balance of probabilities, to show that there has been some impropriety in the decision to prosecute or the manner in which the prosecution has been proceeded which means that either a fair trial is no longer possible (the first limb) or it is no longer fair to try the accused (the second limb).

Evidence can be called by both the defence and prosecution. The prosecution is under an obligation to disclose relevant unused material. The judge will make a determination on this evidence.

Any challenge of a ruling made following an abuse argument in the magistrates’ court would be made in the High Court by way of judicial review or in the Crown Court by way of rehearing.

A decision in the Crown Court cannot

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United Kingdom
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Abuse of process definition
What does Abuse of process mean?

There is an abuse of process where the prosecutor can be said to have manipulated or misused the rules of procedure or where inordinate delay has prejudiced the defendant to a situation where a fair trial is no longer possible.

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