Page 535 - Magistrates Conference 2019

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