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.  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  2 Archbold Review 2 QBD;
- Clay v South Cambridgeshire JJ  RTR 1(1) DC;
- Director of Public Prosecutions v Petrie ( 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)
What is the target audience?
- This course is suitable for advocates of all levels