H, R. v [2006] NICC 5 (10 February 2006)

H, R. v [2006] NICC 5 (10 February 2006)

The Crown Court did not have power to make an order combining a stay with leave to reactivate charges; however, the intention was clear that the prosecution could seek leave to proceed. The court has power to amend the order to reflect this intention. Leave to proceed is granted as the defendant suffers no prejudice and the interests of justice require the charges to be heard.

Citation
[2006] NICC 5
Parties
Prosecution: The Queen; Defendant: H
Jurisdiction
Northern Ireland
Judgment Date
10 February 2006
Procedural Posture
Criminal / Application for Leave to Proceed With Indictment After Prior Stay/order to Lie on File
Outcome
Leave granted to prosecution to proceed with indictment.
Legal Topics
Stay of Proceedings, Order to Lie on File, Abuse of Process, Reactivation of Charges, Consent of Defendant
Criminal Law Procedure Stay of Proceedings Order to Lie on File Abuse of Process Reactivation of Charges Consent of Defendant

Case Brief

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Parties

The Queen

Prosecution

H

Defendant

Procedural Posture

Criminal / Application for Leave to Proceed With Indictment After Prior Stay/order to Lie on File

Legal Issues

  1. 1 Whether the Crown Court had jurisdiction to make an order combining a stay with leave to reactivate charges
  2. 2 Whether leave should be granted to the prosecution to proceed with the indictment after prior stay/order to lie on file
  3. 3 Whether defendant's consent is required for such an order

Ratio Decidendi

The Crown Court did not have power to make an order combining a stay with leave to reactivate charges; however, the intention was clear that the prosecution could seek leave to proceed. The court has power to amend the order to reflect this intention. Leave to proceed is granted as the defendant suffers no prejudice and the interests of justice require the charges to be heard.

Court Disposition

Leave granted to prosecution to proceed with indictment.

Orders

  • Prosecution granted leave to proceed with charges upon which accused was originally indicted.
  • Court to hear counsel on remand or bail pending trial.