Invalidating a police caution dating scammer juliet

Prosecutors are reminded that they must ensure that section 6 of the Farquharson Guidelines as to The Role of and Responsibilities of the Prosecution Advocate are followed and that the necessary consultation takes place both with victims or victims family and in the case of an independent prosecution advocate, with the CPS.3.3 The Attorney General's Guidelines make clear that an indication should not be sought on a basis of hypothetical facts.Where there is a dispute about a particular fact and the defence believes the point to be effectively immaterial to the sentencing decision, the difference should be recorded so that the judge may decide.Whenever an abuse of process argument is brought on this basis it will be necessary to consider whether:1.7 Cases where the primary legislation in question is irretrievably incompatible with the Convention are likely to be extremely rare.Even where this situation pertains, the incompatibility does not deprive the provision of its force and validity, and therefore, it should not affect the criminal trial.Particular attention is drawn to section "C" which deals with the basis of plea.It emphasises that:"When a case is listed for trial and the prosecution form the view that the appropriate course is to accept a plea before the proceedings commence or continue, or to offer no evidence on the indictment or any part of it, the prosecution should whenever practicable speak to the victim or victim's family, so that the position can be explained.In such cases no less than 7 days notice in writing of an intention to seek an indication should normally be given.

invalidating a police caution-11invalidating a police caution-22invalidating a police caution-70

The clear preference remains that cases should continue to trial and that the judge should use other powers (such as the discretion to exclude unfairly obtained evidence) to regulate the conduct of the trial so as to avoid unfairness to the defendant; see e.g. The majority in the House of Lords confirmed the earlier statement of the Court of Appeal on the implications of Article 6 for the question whether a prosecution should be stayed by reason of delay alone. 8: in which the Lord Chief Justice reminded trial judges that, The passage of time is, of itself, no impediment to the fairness of a retrial.1.15 The inherent jurisdiction of the court to stop a prosecution to prevent an abuse of process is to be exercised only in exceptional circumstances: above.Since the implementation of the Human Rights Act 1998, direct regard should be had to Article 6 of the ECHR and the related Strasbourg jurisprudence.1.2 The House of Lords decision in [1999] 3 W. The first category is where the defence allege that a statutory provision is incompatible with the Convention.The second category is where the grounds for the application are that the Convention has been breached in some other way, for example, evidence obtained in breach of Convention rights.1.6 The prosecution might be confronted with an argument that a criminal prosecution amounts to an abuse of process on the ground that the offence-creating provision in question is incompatible with the ECHR.Prosecutors will need to be alive to the need to ensure that the court are made aware of any unresolved issues and that such hearings should not take place in such circumstances.3.10 The hearing should be conducted in open court with a full recording of the proceedings, with both sides represented and in the presence of the defendant.3.11 Reporting restrictions will apply in order to safeguard a situation where the indication is not accepted and the matter moves to trial.3.12 It is anticipated that the process should not take up a disproportionate amount of court time, as the procedure does not require an opening by the prosecution or a mitigation plea by the defence.3.13 The role of the prosecutor is described in paragraph 70 of the judgment in "We must expressly identify a number of specific matters for which the advocate for the prosecution is responsible.a.

Leave a Reply