Lost Evidence Unused Material and Abuse of Process

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Course Overview

The law on abuse of process is riddled with urban myths and misunderstandings. Aimed at prosecution and defence advocates, whether new to trials or those seeking a summary of recent developments, this course aims to put matters straight so advocates can concentrate on tactics which are more likely to be successful at trial than immediately raising abuse.

This course will cover the following:

  • The definition of abuse of process; R.(Ebrahim) v Feltham Magistrates’ Court;  Mouat v. D.P.P. [2001] 1 W.L.R. 1293 DC
  • Where to find the law on disclosure
  • Prosecution/police obligations with unused material under the CPIA 1997
  • Defective schedules of unused material
  • Non-or late service of the schedule of unused- remedies short of abuse arguments
  • “Lost” evidence- Is it a bar to a fair trial?
  • “Lost” evidence - Remedies short of abuse arguments
  • Can a witness give evidence of what he saw on a CCTV clip?
  • Recent decisions - The climate hardens against abuse
    • Morris v Director of Public Prosecutions [2014] 2 Archbold Review 2 QBD; 
    • Clay v South Cambridgeshire JJ [2015] RTR 1(1) DC;  
  • Director of Public Prosecutions v Petrie ([2015] EWHC 48 (Admin)-the wrong prosecution application
  • Your arguments and submissions - Who has to prove what and when?

What are the requirements?

  • Watch 20 minute recorded webinar, including reference notes, discussion questions and optional evaluation form to test your legal knowledge
  • This course provides 0.5 – 1 CPD point (depending on length of time spent considering the discussion questions and completing the evaluation form)

Learning Outcomes

  • On completion of this course you will:

    • Have an appreciation of the exceptional circumstances in which an abuse argument may lie following loss of evidence or failure to disclose
    • Be able to identify other remedies and what you can do to exploit prosecution failings during the trial
    • If prosecuting, be able to evaluate the likely prospects for a defence argument and your options at trial

What is the target audience?

  • This course is suitable for advocates of all levels




About Instructor - Olwen Davies

Admitted in 1990, Olwen is freelance solicitor-advocate with extensive experience in both defence and prosecution work from the magistrates' court to the Court of Appeal. Olwen has lectured at post- graduate level and has presented many CPD courses for the legal profession, the police, Health and Safety Executive and others. Olwen is the co-author of Jordan's Criminal Practitioners Guide to the Criminal Justice Act 2003 and is an avid supporter of Save UK Justice and the campaign to stop cuts to legal aid and the criminal justice system.

Course Curriculum

Lost Evidence Unused Material and Abuse of Process

  • Webinar - Lost Evidence Unused Material and Abuse of Process
  • Slides - Lost Evidence Unused Material And Abuse Of Process
    42 Page
  • Discussion Questions - Lost Evidence Unused Material and Abuse of Process
    1 Page


  • Price
  • £ 60