R v Derby Crown Court, ex parte Brooks
| Jurisdiction | England & Wales |
| Date | 1984 |
| Year | 1984 |
| Court | Divisional Court |
-
- This document is available in original version only for vLex customers
View this document and try vLex for 7 days - TRY VLEX
- This document is available in original version only for vLex customers
67 cases
-
Maycock et Al v Commissioner of Police
...the conduct of the prosecution has been such as to prevent a fair trial of the accused. In R v. Derby Crown Court, Ex parte Brooks 80 Cr App Rep 164, Sir Roger Ormrod said, at pp 168-169: ‘The power to stop a prosecution arises only when it is an abuse of a process of the court. It may be ......
-
Tapper el al v Director of Public Prosecutions el al
...in the procedure and deprives the applicants not only of the procedure but of their legitimate expectation. 92 He relied on R. v. Derby Crown Court Exparte Brooks (1985) 80 Cr. App. R.164; Bennett v. Horseferry Road Magistrate's Court and Another [1993] 3 All E.R. 138; Brooks v. Director of......
-
Dunne v DPP
...are founded. We have derived the first of these principles from the judgment of Sir Roger Ormrod in R v Derby Crown Court, Ex p Brooks 80 Cr App R 164, 169 and the second from the judgment of Lord Lane CJ in Attorney General's Reference (No 1 of 1990) [1992] QB 630, 644B-C. The circumstance......
-
R v Martin (Alan)
...words the Judge Advocate was clearly basing himself on the judgment of Sir Roger Ormrod in Reg v. Derby Crown Court, Ex parte Brooks (1984) 80 Cr.App.R. 164, 168-169. But Lord Thomas submits that this is too restrictive. The law has moved on since Ex parte Brooks. Abuse of process is no lon......
Request a trial to view additional results
5 books & journal articles
-
Divisional Court
...in the present case.167 JournalofCriminalLawDELAYIN PROSECUTION AND ABUSE OF PROCESSR v Colwyn JJ, ex pDPPIn R v Derby CC, ex pBrooks (1985) 80 CrAppR 164 (sub nomR v Derby JJ, ex pBrooks (1990) 154 JP 609), the court set outthe principles on which justices may exercise their power to refus......
-
Lost and Destroyed Evidence: The Search for a Principled Approach to Abuse of Process
...268.97 R (on the application of Ebrahim) v Feltham Magistrates’ Court; Mouat v DPP [2001] EWHC Admin130, [2001] 1 WLR 1293 at [25].98 (1984) 80 Cr App R 164.99 [1980] AC 402 at 437 (Lord 176 THE INTERNATIONAL JOURNAL OF EVIDENCE & PROOFLOST AND DESTROYED EVIDENCE: A PRINCIPLED APPROACH TO A......
-
Divisional Court
...the evidence, if they think that therehas been an abuse of the process of the court. In R v Derby CC, ex pBrooks (1984) 148lP609; (1985) 80 CrAppR 164, which contains theclassical exposition of the circumstances in which the justices may thusstop aprosecution, the possible grounds are state......
-
Video Games: Some Pitfalls of Video Evidence
...have beenerrors in the handling of video evidence. As has been shown, the16 CPIA s. 3(1).17 R v Derby County Council, ex p. Brooks (1985) 80 Cr App R 164. See also R vLatif(Khalid) [1996] 1 WLR 104.18 See R v Howell and Howell [2001] EWCA Crim 3009 and R vParker [2003] EWCACrim 390.The Jour......
Request a trial to view additional results