Page 548 - Magistrates Conference 2019

EXAMPLES OF MISUSE/MANIPULATION

(9)Promises

Where a Defendant has been induced to believe that he will not

be prosecuted, this is capable of founding a stay for abuse;

however, it is not likely to do so unless:

• There has been an unequivocal representation by those

with the conduct of the investigation or prosecution of a

case that the defendant will not be prosecuted; and

• Defendant has acted on that representation to his

detriment:

R v Croydon JJ, ex parte Dean 98 Cr.App.R 76