||All England Reporter
|| All ER (D) 260 (Jul)
Divisional CourtBrooke LJ and Newman J
||Lydia Barnfather (instructed by Capsticks) for the GDC.
||Barnaby Shaw (instructed by Robinson & Allfree, Ramsgate) for P.
||19 July 2001
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.
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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