When the CPS decide to prosecute an individual, they must ensure that they have acted in good faith and followed the correct procedures and guidelines.

They have duties and procedures they must follow, and the prosecutor reviewing your case must act independently and fairly and apply the correct guidelines when making the decision to prosecute.

If a decision is made to prosecute you for improper reasons, this may amount to an abuse of process and an application can be made at court to stay the proceedings, but it is not that easy.

The appeal courts have commented that they are not concerned as much with the decision to prosecute but rather with the conduct at the trial that follows.

Abuse Of Process

If a prosecution is oppressive, then this will need to be "excessive" to be an abuse of process and stay proceedings.

If the evidence is insufficient to justify a prosecution, this could also amount to an abuse of process, and action can be taken on your behalf.

The outcome will depend on each case and depend on the actions of the authorities. Reprehensible behaviour by the police during an investigation will normally be dealt with during the trial process by an application to exclude evidence.

If you believe you have been treated unfairly or the police and CPS have not followed their procedure in accordance with their guidelines, call our expert team on 0207 936 6329 or email info@monangozzett.com to discuss your options.

There is still action you can take at the investigation stage, to ensure you give yourself the best chance of the CPS taking no further action, even if it would not reach the threshold for an abuse of process at court.

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