Page 520 - Magistrates Conference 2019

BASIC PRINCIPLE

There are two (2) main instances whereby the court

has power to stop a prosecution for abuse of its

process

- R v Maxwell 2010) UKSC 48:

where the circumstances are such that it will be

impossible for the accused to have a fair trial.

where it offends the court’s sense of justice and

propriety to be asked to try the defendant in the

particular circumstances of the case.