Court stays trial as an abuse of process after senior lawyers at the Crown Prosecution Service elicit confession

Jessie Smith, instructed by Raj Chada (Partner, Hodge Jones & Allen) today secured a permanent stay of a trial as a “category 2” abuse of process. The court imposed this rare and exceptional remedy following the conduct of two senior lawyers at the Crown Prosecution Service (CPS).

Hodge Jones & Allen represented AB, a young woman of good character. They made substantial representations that the case ought to be discontinued as it did not meet the full code test. A senior lawyer at the CPS decided to offer the defendant an out-of-court disposal on the basis that she serve a written confession. This was done without consulting police. The defendant signed and served admissions to the offence. Three weeks later, a second senior lawyer intervened in the case and reversed the decision. They indicated that the case would proceed to trial. In so doing, the second senior lawyer denied that the Code for Crown Prosecutors and related guidance applied to his decision making.

Ms Smith was instructed to prepare the abuse application. The argument explored the statutory regime for the administration of out-of-court disposals, and the legal architecture that framed CPS decision making when a terminating decision is reversed, including obligations under the European Convention of Human Rights. Today, the court acceded to the defence application and a permanent stay was imposed; to proceed to trial would offend the court's sense of justice and propriety.