News & Legal Advice
Sexual Charges 'Stayed' as an Abuse of Process
Published - Apr 02, 2024
Foster & Coleman recently acted for a defendant at trial in relation to historic sexual allegations.
An application to stay the proceedings as an abuse of process had been argued by defence counsel in advance of the trial. The House of Lords in R v J had made it clear that where consensual activity was engaged, but it was underage, it was an abuse of process to charge an offence to circumvent the fact the proper offence was time barred.
The application was unsuccessful, but the ruling by the Learned Judge left open the possibility of renewal should matters develop during the course of the trial.
After the complainant had given evidence, the application was renewed, and this time granted by the Judge. The prosecution were permitted time to consider whether they wished to appeal the ruling to Court of Appeal (Criminal Division) pursuant to section 58(2) of the Criminal Justice Act 2003, but returned to court the following morning and confirmed that they did not.
The case was accordingly ‘stayed,’ and the defendant discharged having been granted a Defence Costs Order to include legal costs.
Our client was represented throughout these proceedings by Miss Charlene Sumnall of 5 Paper Buildings
https://www.5pb.co.uk/barristers/charlene-sumnall
Posted in Criminal Defence on Apr 02, 2024