RCPO v C

RCPO v C

The delay between the decision to prosecute and trial caused incurable prejudice to the respondent, whose defence depended on witness recollection of events up to eight years prior. No procedural or evidential steps could mitigate the disadvantage, making a fair trial impossible. The stay of proceedings was justified.

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
Legal Topics
Abuse of Process, Delay, Fair Trial, Money Laundering
Criminal Law Procedure Abuse of Process Delay Fair Trial Money Laundering

Case Brief

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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 between interview and trial rendered a fair trial impossible
  2. 2 Whether the indictment should be stayed as an abuse of process
  3. 3 Whether the prosecution's delay caused prejudice to the accused

Ratio Decidendi

The delay between the decision to prosecute and trial caused incurable prejudice to the respondent, whose defence depended on witness recollection of events up to eight years prior. No procedural or evidential steps could mitigate the disadvantage, making a fair trial impossible. The stay of proceedings was justified.

Court Disposition

leave to appeal refused; verdicts of acquittal entered

Orders

  • Verdicts of acquittal entered on each count
  • Leave to appeal refused