Page 534 - Magistrates Conference 2019
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LENGTH OF DELAY
“Naturally, the longer the delay the more likely it will be that the
prosecution is at fault, and that the delay has caused prejudice to the
defendant, and the less that the prosecution has to offer by
explanation, the more easily can fault be inferred.” : Tan v Cameron
[1993] 2 All ER 493
Long delays do not necessarily amount to an abuse of process : R v
Sawoniuk [2000] 2 Cr.App.R 220, CA (56 years delay)
However, there may come a time when delay is so great that, even
having regard to public interest in convicting the guilty, a
continuance of the proceedings will be unacceptable and an abuse:
The State v James Harewood HCA 695 of 1988