||All England Reporter
|| All ER (D) 243 (Feb)
||Nick Tucker (instructed by Kevin O'Keefe, Hereford) for the authority.
||Clive Moys (instructed by Humfrys & Symonds, Hereford) for the defendant.
||16 February 2005
Criminal evidence and procedure - Stay of proceedings for abuse of process - Magistrates' court - Disclosure - Justices staying proceedings on basis of failure of prosecutor to make proper disclosure - Correctness of decision.
Where the justices had stayed proceedings on the basis that there had been an abuse of process in so far as the prosecutor had failed to fulfil its disclosure obligations, they had fallen into error in that they did not appear to have addressed themselves to the question of whether a fair trial was still possible, and whether any inadequacies of disclose could be dealt with in the trial process. Moreover, they had failed to identify what prejudice had arisen.
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