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Abuse of Process

Legal terms A-Z

When a judge stops a case because something exceptionally unfair or wrong has happened, for example if a child has been exploited into the behaviour, the child cannot effectively participate in their trial or the police lose a vital piece of evidence. Proceedings can be stayed as an abuse of process.

For example,

  • there is a protection in common law for victims of trafficking (VoT) for offences committed as a result of being trafficked: Where the statutory defence for such victims under the Modern Slavery Act 2015 s45 fails to apply, the defence may wish to argue that a case against a trafficking victim for offences committed as a result of being trafficked is an abuse of process. 
  • Police or prosecution going back on a promise: where a defendant has been induced to believe that they will not be prosecuted, the prosecuted may be stayed for abuse of process. This is likely to occur where: there has been an unequivocal representation by those with conduct of the investigation or prosecution of a case that the defendant will not be prosecuted; and the defendant has acted on that representation to his detriment.
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The materials on the YJLC website are for general information purposes only and do not constitute legal advice. While reasonable care is taken to ensure accuracy, the materials may not reflect the most current legal developments. YJLC disclaims liability for actions taken based on the materials. Always consult a qualified lawyer for specific legal matters.

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