RCPO v C [2010] EWCA Crim 97 (05 February 2010)

RCPO v C [2010] EWCA Crim 97 (05 February 2010)

The trial judge found that the delay between the decision to prosecute and the trial date caused incurable prejudice to the respondent, whose defence depended on witness recollection regarding his knowledge and suspicion. The Court of Appeal upheld the judge's conclusion that a fair trial was not possible and that staying the indictment was the only way to achieve fairness.

Citation
[2010] EWCA Crim 97
Parties
Applicant: RCPO; Respondent: C
Jurisdiction
England and Wales
Judgment Date
05 February 2010
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Stay of Indictment
Outcome
Leave to appeal refused; verdicts of acquittal entered on each count.
Legal Topics
Abuse of Process, Delay in Prosecution, Fair Trial, Money Laundering
Criminal Law Procedural Law Abuse of Process Delay in Prosecution Fair Trial Money Laundering

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 10 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

RCPO

Applicant

C

Respondent

Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Stay of Indictment

Legal Issues

  1. 1 Whether the delay in prosecution rendered a fair trial impossible
  2. 2 Whether the indictment should be stayed as an abuse of process

Ratio Decidendi

The trial judge found that the delay between the decision to prosecute and the trial date caused incurable prejudice to the respondent, whose defence depended on witness recollection regarding his knowledge and suspicion. The Court of Appeal upheld the judge's conclusion that a fair trial was not possible and that staying the indictment was the only way to achieve fairness.

Court Disposition

Leave to appeal refused; verdicts of acquittal entered on each count.

Orders

  • Verdicts of acquittal to be entered on all counts against the respondent.