HGF, R. v [2026] EWCA Crim 570 (22 April 2026)

HGF, R. v [2026] EWCA Crim 570 (22 April 2026)

The absence of the CCTV footage, which the police were under a duty to obtain and which was central to the defence, caused serious prejudice to the respondent and deprived him of his primary means of challenging the complainant's credibility; no direction or trial mechanism could cure this prejudice without inviting impermissible speculation by the jury. The judge was entitled to stay the proceedings as a fair trial was impossible.

Citation
[2026] EWCA Crim 570
Parties
Applicant Crown: Rex; Respondent Defendant: HGF
Jurisdiction
England and Wales
Judgment Date
22 April 2026
Procedural Posture
Criminal Appeal / Appeal Against Stay of Proceedings (abuse of Process)
Outcome
Appeal dismissed
Legal Topics
Abuse of Process, Disclosure Obligations, Fair Trial, Missing Evidence, Police Duty, Sexual Offences
Criminal Law Abuse of Process Disclosure Obligations Fair Trial Missing Evidence Police Duty Sexual Offences

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Parties

Rex

Applicant Crown

HGF

Respondent Defendant

Procedural Posture

Criminal Appeal / Appeal Against Stay of Proceedings (abuse of Process)

Legal Issues

  1. 1 Whether the failure by police to obtain CCTV evidence amounted to an abuse of process justifying a stay of proceedings
  2. 2 Whether the absence of CCTV evidence rendered a fair trial impossible
  3. 3 Whether the judge erred in law or principle in staying the proceedings

Ratio Decidendi

The absence of the CCTV footage, which the police were under a duty to obtain and which was central to the defence, caused serious prejudice to the respondent and deprived him of his primary means of challenging the complainant's credibility; no direction or trial mechanism could cure this prejudice without inviting impermissible speculation by the jury. The judge was entitled to stay the proceedings as a fair trial was impossible.

Court Disposition

Appeal dismissed

Orders

  • Leave to appeal granted
  • Appeal dismissed; stay of proceedings upheld