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Criminal Law
CPD Points:
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Regulated by the Solicitors Regulation Authority:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Regulated by the Bar Standards Board:
Listen and pass the quiz: Gain 1 accredited CPD point (60 minutes)

Regulated by ILEX:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

  • FREE
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Course Aims:

This podcast may be of interest to criminal practitioners and aims to provide an overview of the court's power to stay criminal proceedings on the grounds of abuse of process. It will summarise the conceptual underpinning of the court's jurisdiction in this regard and at its relationship with other procedural guarantees of fairness. Much of the podcast will turn on a discussion of the different grounds that may constitute an abuse of process.

After completing the course you will:
  • Understand what is meant by an abuse of process;
  • Understand how an application against an abuse of process relates to the court's other powers to protect a defendant's rights;
  • Be aware of current judicial attitudes to applications claiming an abuse of process;
  • Know the procedure for making an application Know the consequences for delay;
  • Have a flavour for the type of conduct that may constitute an abuse by the prosecuting authorities.
Beginner Difficulty: 1 of 5
Legal Principles
Sources and References:
  • Hui Chi-ming v The Queen [1992] 1 AC 34;
  • Article 6 ECHR;
  • Overriding Objective Criminal Procedure Rules;
  • R v Connolly [1964] AC 1254;
  • R v Dobson [2000] EWCA Crim 1606.

In this podcast, James Sheedy interviews Gelaga King on the mechanism by which the criminal courts protect the fairness of their proceedings and the rights of a defendant by means of a stay for abuse of process by the Crown.

It will discuss the different circumstances in which a defendant might make an application for abuse of process, its likelihood of success and its relationship to other procedural guarantees of fairness such as the Human Rights Act and the Criminal Procedure Rules.

Podcast added: 14/08/09

Podcast last reviewed: 2011-06-28

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