Index card Mansfield v Director of Public Prosecutions

Mansfield v Director of Public Prosecutions

Hearings

England & Wales

03 Nov 2021 [2021] EWHC 2938 (Admin); [2022] QB 335; [2022] 2 WLR 229; [2022] 2 All ER 1164; [2022] 1 Cr App R 8; [2021] WLR(D) 555, DC (Stuart-Smith LJ, May J)

Subject Matter

CRIME — Abuse of process — Jurisdiction — Defendant admitting to offence after police indicating caution would be administered — Police reconsidering and charging defendant with offence — Whether magistrates’ court having jurisdiction to determine application to stay proceedings as abuse of process — Whether proceedings to be stayed as abuse of process

[2021] EWHC 2938 (Admin); [2022] QB 335; [2022] 2 WLR 229; [2022] 2 All ER 1164; [2022] 1 Cr App R 8; [2021] WLR(D) 555, DC

Commentary

Blackstones Criminal Practice 2025
The Decision to Prosecute - Judicial Review of Prosecution Decisions - Decision to Prosecute D2.22

Abuse of Process: The Power to Stay Proceedings - Magistrates’ Courts D3.70

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