Maples Succeed in Abuse of Process Application

22nd March 2010
Maples Succeed in Abuse of Process Application image

Maples Succeed in Abuse of Process Application

In a Criminal Case involving an allegation of Driving Without Due Care and Attention, we made an application to the Magistrates to stay the prosecution as to allow the case to proceed could bring the administration of justice into disrepute and the Defendant may not have been able to have a fair trial.

The application was upheld by the Magistrates resulting in the case ending against our client who was naturally delighted with the result. It is exceptional for such an application to be successful as the basic principle is that it is for the Prosecution and not the Court to decide if a prosecution should be commenced and once commenced whether it should continue.

The application related as to whether a binding promise had been made as the Defendant had been told earlier in the case that there would be No Further Action taken against him. There was a review of the matter at a later date with the Prosecution indicating that there was further evidence which had not been available at the time. An issue was also raised by ourselves as to whether the Police had failed to investigate the matter in a proper fashion and material had not been recorded or retained when it was reasonable to expect that material should have been recorded and retained and that this may prevent a fair trial from taking place.

Commenting after the case Daven Naghen indicated:

“Its quite exceptional for the Court to intervene to prevent a case proceeding to trial, however this was an unusual case. It is important to remember that the Courts have an overriding duty to promote justice and to prevent injustice. It is pleasing to know that the Client has been spared the stress which comes with having to proceed to trial.

There is a great deal of case law to consider when making an Abuse of Process application and some cases point in favour of the Defence and others in favour of the Prosecution. Detailed written arguments were exchanged in advance of the hearing but were then built upon in oral submission before the Magistrates. It was important to appreciate that each case should be decided on its merits and that often cases can be distinguished from the current situation upon close analysis of the facts.”

Examples of where there may be an argument that there has been an Abuse of Process are where a fair trial is impossible, there has been a significant and unreasonable delay in bringing the proceedings, there has been adverse media publicity or where there has been bad faith or misconduct on behalf of the Police or Prosecution.

Should you have any enquiries about a Criminal or Motoring matter whether court proceedings have commenced or are imminent please do not hesitate to contact Daven Naghen or Anita Toal of our offices.


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Coffee Morning and Pop-Up Clinic

Join us at The Ruby Hunt Centre, Church Street, Donington, PE11 4UA on Monday 11th March 2024 between 10am and 12pm for a free coffee morning and pop-up clinic to talk about Wills, Powers of Attorney and financial planning for Care Homes.

If you cannot join us for the coffee morning, please contact one of our lawyers in the Wills and Probate Department to discuss a home visit.

Or telephone the office 01775 722261 and ask to speak with one of the team.

We look forward to seeing you there.

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Testimonials

Jamie Dobbs FCILEx

"I should like to take this opportunity to express my very sincere and grateful thanks for Jamie's unfailing helpfulness and efficiency in all aspects of the handling of my late stepmother's estate. Jamie have always replied to my (many!) queries promptly and comprehensively which has been a enormous help throughout what I know can be a fraught and stressful process. Sadly, it is increasingly rare these days to experience the highs standards of service that Jamie has provided."

Gemma Mayer LLB

"I would highly recommend Maples Solicitors, especially Gemma Mayer, for any conveyancing work. The level of support and professionalism was excellent at all times. I also felt if I needed to ask or clarify anything that it was not an issue. Buying and selling a house is stressful enough, but Gemma helped me through it step by step."

Anita Toal LLB BA

"I think you are brilliant. You can use my comments above. You are efficient, friendly and quite clearly very good at what you do. Mainly you don’t leave people hanging around too long for." "So easy to talk to her and she understood what I wanted. She put me at ease and I cant thank her enough"

James Turner BA

James Turner was extremely helpful with our buying process. Everything went smoothly. We are very happy with the level of professionalism demonstrated by the office. Highly recommended solicitors. Will definitely do business with them again.

Daven Naghen LLB

"Daven provided an excellent service, from attending the first interview with me to the final court appearance. He filled me full of confidence that he would defend me to which he did and come out with an excellent outcome in view of my position that I had put myself in."

Faye Blair LLB

Faye was excellent, sensitive and acted very well to the time constraints we faced. Great service and dealt with compassion at such sad times made the process less painful very professional.

Jamie Dobbs GCILEx

Over the last forty years I have cause to deal with many law firms both in a personal and professional capacity, including some ‘top’ London Companies. In all of those dealings I have never found anyone as proactive and so willing to offer help and advice as Jamie Dobbs. During the last two years Jamie guided my parents through the completion of Lasting Powers of Attorney. Helped myself with the use of the LPA and recently dealing with Probate and Estate Administration following their death.

Mike Pepper MA

Mike Pepper gave us excellent advice. He was always most helpful and accommodating giving lucid explanations every step of the way. Thank you Mike.

Donna Sandison FCILEx

Donna has been helpful and professional every step of the way during the process. Always on hand to answer any queries and totally professional and friendly at all times.