DS & TS, R v

DS & TS, R v

Despite grave and systemic failures in disclosure by the police and CPS, the undisclosed material was of limited materiality and a fair trial remained possible. The public interest in trying serious offences and the possibility of other sanctions outweighed the need for a stay. The stay was set aside and proceedings...

Source-derived case information.

Parties
Appellant: Regina; Respondent: DS and TS
Jurisdiction
England and Wales
Judgment Date
21 April 2015
Procedural Posture
Criminal Appeal / Appeal Against Stay of Proceedings (abuse of Process)
Outcome
Stay set aside; proceedings to continue
Legal Topics
Disclosure Obligations, Abuse of Process, Stay of Proceedings, Fair Trial Rights, Police and Prosecutorial Misconduct
Criminal Law Criminal Procedure Disclosure Obligations Abuse of Process Stay of Proceedings Fair Trial Rights Police and Prosecutorial Misconduct

Source-derived case record

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Parties

Regina

Appellant

DS and TS

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the prosecution's failures in disclosure justified a permanent stay of proceedings as an abuse of process
  2. 2 Whether a fair trial remained possible despite disclosure failures
  3. 3 Whether public confidence in the criminal justice system required a stay

Ratio Decidendi

Despite grave and systemic failures in disclosure by the police and CPS, the undisclosed material was of limited materiality and a fair trial remained possible. The public interest in trying serious offences and the possibility of other sanctions outweighed the need for a stay. The stay was set aside and proceedings were to continue.

Court Disposition

Stay set aside; proceedings to continue

Orders

  • The stay of proceedings is set aside.
  • Proceedings are to continue.