“Abuse of Process is a defence application to prevent a case from continuing (referred to as ‘staying the indictment’ in the Crown Court) essentially for two reasons, or within two categories”
On this page for members:
What is an abuse of process?
Category 1 Abuse of Process
Category 2 Abuse of Process
An exceptional remedy
Procedure - Making an abuse of process application
What is abuse of process?
Abuse of Process is a defence application to prevent a case from continuing (referred to as ‘staying the indictment’ in the Crown Court) essentially for two reasons, or within two categories:
Category 1 - where it can be shown that the defendant cannot have a fair trial; or
Category 2 - where it would otherwise be unfair to try the defendant or, put another way, where stopping the case is necessary to protect the integrity of the criminal justice system.
Abuse of process applications can be made in both the Crown Court and magistrates’ courts.
On this page you can read all about abuse of process applications, when they can be used to prevent a trial from continuing and the procedure for making them.
Category 1 Abuse of Process
Where the defendant cannot have a fair trial
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