Abuse of Process

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.1
• 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.