F, R v

F, R v

The judge's finding of abuse of process was not supported by the evidence; the FSA's conduct, viewed individually or cumulatively, did not undermine the fairness of the trial or amount to prosecutorial impropriety. The judge's approach involved errors of law and was not reasonable. The stay on counts 1 to 8 is set aside and the case is remitted to the Crown Court.

Parties
Appellant: Regina; Respondent: F
Jurisdiction
England and Wales
Judgment Date
29 July 2009
Procedural Posture
Criminal Appeal / Appeal From Terminating Ruling (stay of Proceedings)
Outcome
Appeal allowed; stay set aside; case remitted to Crown Court for directions.
Legal Topics
Abuse of Process, Prosecutorial Conduct, Collective Investment Schemes, Search Warrants, Disclosure Obligations
Criminal Law Financial Regulation Abuse of Process Prosecutorial Conduct Collective Investment Schemes Search Warrants Disclosure Obligations

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Parties

Regina

Appellant

F

Respondent

Procedural Posture

Criminal Appeal / Appeal From Terminating Ruling (stay of Proceedings)

Legal Issues

  1. 1 Whether the prosecution of F was an abuse of process due to the conduct of the Financial Services Authority (FSA)
  2. 2 Whether the judge's ruling to stay counts 1 to 8 was reasonable or involved an error of law
  3. 3 Whether the FSA's actions undermined potential defence witnesses and contaminated the fairness of the trial

Ratio Decidendi

The judge's finding of abuse of process was not supported by the evidence; the FSA's conduct, viewed individually or cumulatively, did not undermine the fairness of the trial or amount to prosecutorial impropriety. The judge's approach involved errors of law and was not reasonable. The stay on counts 1 to 8 is set aside and the case is remitted to the Crown Court.

Court Disposition

Appeal allowed; stay set aside; case remitted to Crown Court for directions.

Orders

  • Prosecution granted leave to appeal.
  • Appeal allowed under section 67 of the Criminal Justice Act 2003.