LG, R. v

LG, R. v

No significant prejudice was identified that could not be accommodated by the trial process; no unequivocal representation not to prosecute was made; the judge erred in conflating legal principles and in granting a stay.

Parties
Applicant: Regina; Respondent: L G
Jurisdiction
England and Wales
Judgment Date
27 March 2018
Procedural Posture
Criminal Appeal / Appeal Against Stay of Proceedings
Outcome
appeal allowed
Legal Topics
Abuse of Process, Delay, Fair Trial, Stay of Proceedings
Criminal Law Procedure Abuse of Process Delay Fair Trial Stay of Proceedings

Case Brief

Summary, issues, holding and outcome

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Parties

Regina

Applicant

L G

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Stay of Proceedings

Legal Issues

  1. 1 Whether the delay and prosecutorial conduct warranted a stay of proceedings as an abuse of process
  2. 2 Whether the respondent could have a fair trial after significant delay
  3. 3 Whether there was an unequivocal representation not to prosecute

Ratio Decidendi

No significant prejudice was identified that could not be accommodated by the trial process; no unequivocal representation not to prosecute was made; the judge erred in conflating legal principles and in granting a stay.

Court Disposition

appeal allowed

Orders

  • Judge's ruling reversed
  • Proceedings for the offence charged to be resumed in the Crown Court