ANP, R. v [2022] EWCA Crim 1111 (28 July 2022)

ANP, R. v [2022] EWCA Crim 1111 (28 July 2022)

The judge erred in law by treating the loss of evidence as creating an 'evidential vacuum' and by failing to assess whether the remaining evidence was sufficient for a fair trial; proper judicial directions could address any prejudice; a fair trial remained possible and a stay was not justified.

Source-derived case information.

Citation
[2022] EWCA Crim 1111
Parties
Applicant: Regina; Respondent: ANP
Jurisdiction
England and Wales
Judgment Date
28 July 2022
Procedural Posture
Criminal Appeal / Prosecution Application for Leave to Appeal Against Terminating Ruling (stay of Proceedings)
Outcome
Prosecution's appeal allowed; stay of proceedings reversed; trial to proceed before a different judge.
Legal Topics
Abuse of Process, Stay of Proceedings, Lost Evidence, Fair Trial, Sexual Offences
Criminal Law Procedure Abuse of Process Stay of Proceedings Lost Evidence Fair Trial Sexual Offences

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Parties

Regina

Applicant

ANP

Respondent

Procedural Posture

Criminal Appeal / Prosecution Application for Leave to Appeal Against Terminating Ruling (stay of Proceedings)

Legal Issues

  1. 1 Whether the loss of evidence (samples and underwear) made a fair trial impossible and justified a stay of proceedings as an abuse of process
  2. 2 Whether the trial judge erred in law in granting a stay

Ratio Decidendi

The judge erred in law by treating the loss of evidence as creating an 'evidential vacuum' and by failing to assess whether the remaining evidence was sufficient for a fair trial; proper judicial directions could address any prejudice; a fair trial remained possible and a stay was not justified.

Court Disposition

Prosecution's appeal allowed; stay of proceedings reversed; trial to proceed before a different judge.

Orders

  • Leave to appeal granted.
  • Judge's ruling staying proceedings reversed.