CPS v F (Rev 2)
The judge applied the wrong test by focusing on the justification for delay rather than actual prejudice to the fairness of the trial; the correct test is whether the delay causes serious prejudice making a fair trial impossible, which was not established. Matters relating to credibility and delay are for the jury, not for the judge to decide in advance.
- Parties
- Applicant: CPS; Respondent: F
- Jurisdiction
- England and Wales
- Judgment Date
- 21 July 2011
- Procedural Posture
- Criminal Appeal / Appeal Against Terminating Ruling (stay of Proceedings)
- Outcome
- appeal allowed
- Legal Topics
- Abuse of Process, Delayed Complaint, Sexual Offences, Stay of Proceedings, No Case to Answer, Jury Function
Case Brief
Summary, issues, holding and outcome
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Parties
CPS
Applicant
F
Respondent
Procedural Posture
Criminal Appeal / Appeal Against Terminating Ruling (stay of Proceedings)
Legal Issues
- 1 Whether a stay of proceedings should be granted for abuse of process due to delayed complaint in sexual offences
- 2 Whether the judge erred by conflating abuse of process with evidential grounds for withdrawal from jury
- 3 Whether the correct legal principles were applied regarding prejudice and fair trial
Ratio Decidendi
The judge applied the wrong test by focusing on the justification for delay rather than actual prejudice to the fairness of the trial; the correct test is whether the delay causes serious prejudice making a fair trial impossible, which was not established. Matters relating to credibility and delay are for the jury, not for the judge to decide in advance.
Court Disposition
appeal allowed
Orders
- Terminating ruling set aside; proceedings to continue.
Full Case Text
Judgment text and source record
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