Page 536 - Magistrates Conference 2019

The Test

• It must be shown that serious prejudice will be suffered as a

result of the delay to the extent that no fair trial can be held.

• In Bell v DPP, the Privy Council listed the factors to be

considered in determining whether serious prejudice will

accrue:

the length of the delay.

the explanation given by the prosecution to justify the

delay.

prejudice to the accused.