Page 528 - Magistrates Conference 2019
P. 528
DELAY
• The Magistrates’ Court has the power to stop
a prosecution for abuse of process where
there is delay on the part of the prosecution
in bringing a case to trial and the delay is
unjustifiable:
R v Derby Crown Court ex p Brooks
(1984) 148 JP 609
• NB: It is not all types of delay which will
afford the accused the benefit of avoiding
trial completely.
