Page 533 - Magistrates Conference 2019

GENERAL GUIDELINES

If there is:-

• No fault on the part of the prosecution; or

• The prejudice is not serious enough; or

• The prejudice alleged is not shown specifically in evidence-

No Stay ought to be granted.

Even if:-

• There is fault on the part of the prosecution;

• There is serious prejudice;

A stay may not be granted.

The court has power to regulate the admissibility of evidence:

Attorney-General’s Reference (No 1 of 1990) [1992] QB 630