Stopping a criminal prosecution because of abuse of process

It is rare for courts to order criminal proceedings to be stopped permanently on the basis that to do otherwise would amount to an abuse of process, but Jim has successfully argued this in multiple cases. This has either been because the court has accepted that Jim’s client could no longer receive a fair hearing, or alternatively that stopping the case was necessary to protect the integrity of the criminal justice system. The latter has included cases where there has been bad faith, unlawfulness or executive misconduct, although the power is not limited to those specific circumstances.

Instruct a criminal solicitor who is rated by his peers and is experienced in successfully arguing abuse of process

The key questions for a Court are:

  1. To what extent is the accused prejudiced?
  2. To what degree are the rule of law and the administration of justice undermined by the behaviour of the investigators or the prosecution?

Such arguments take a considerable amount of time to prepare, and often require a meticulous, forensic, reconstruction of the investigation timeline and a critical analysis of disclosure by the prosecution, particularly in relation to what is now an increasing emphasis upon intelligence-led, proactive investigations which are based heavily upon information derived from covert means, including informants.

Jim Meyer has the experience and expertise to help you successfully stay a case as an abuse of process. If you want you to instruct him, and can afford to fund your case privately, you should call him now.

Relevant case law regarding abuse of process

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