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date: Wed, 21 Oct 2009 21:25:22 +0100,    group: uk.legal.moderated        back       
Abuse Of Process   
If the CPS failed to give the defendant a copy of his interview tape at
trial and the defence fielded a skeleton argument for an abuse of
process. The CPS asked the magistrate for 14 days to respond to the
argument. This was agreed by the magistrate and defence and the trial
adjourned. If after 14 days the defence or court were not in receipt of
the prosecutions response to the abuse of process argument would the
case be dismissed? I get the impression that time limits imposed by
courts are flexible and have no real substance and the CPS can pretty
much behave how they see fit...




-- 
ICC
date: Wed, 21 Oct 2009 21:25:22 +0100   author:   ICC

Re: Abuse Of Process   
ICC wrote:
> If after 14 days the defence or court were not in receipt of
> the prosecutions response to the abuse of process argument would the
> case be dismissed?

Not automatically, but the defence can advocate this.

> I get the impression that time limits imposed by
> courts are flexible and have no real substance and the CPS can pretty
> much behave how they see fit...

No - both sides are entitled to ask for reasonable time and flexibility to 
assemble and present their case, and delays may occur on both sides for any 
number of reasons.    CPS are slapdash at times, but so are very many 
defendants.
date: Wed, 21 Oct 2009 22:30:21 +0100   author:   Steve Walker

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