Member

It has been suggested by some that Crown Court judges could regulate this by use of the doctrine of abuse of process. Although this is true in theory, it is highly unlikely to happen in practice. Staying an indictment for abuse of process is a remedy of last resort, to be used only in exceptional circumstances. It is not to be used for judges to express disapproval of the prosecution’s behaviour, except in the most extreme cases. In my experience, it is highly unlikely that the courts would stop a viable trial because they felt the prosecution had misused the power to discontinue—indeed, many victims’ groups would be up in arms were that to happen.