| Source: | All England Reporter |
| Publisher Citation: | [2001] All ER (D) 260 (Jul) |
| Judge: | Divisional CourtBrooke LJ and Newman J |
| Representation | Lydia Barnfather (instructed by Capsticks) for the GDC. |
| Barnaby Shaw (instructed by Robinson & Allfree, Ramsgate) for P. | |
| Judgment Dates: | 19 July 2001 |
Catchwords
Criminal law - Trial - Proceedings - Abuse of process - Prosecution advocate taking complainant's witness statement - Justices staying proceedings on basis of breach of Bar Council's code of conduct - Whether breach of code - Whether justices entitled to stay proceedings.
The Case
Justices had erred in staying proceedings as an abuse of the court's process on the basis that there had been a breach of the Bar Council's code of conduct without considering the proper test, namely whether a fair trial of the defendant was possible.
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