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01 February 2008
Issue: 7306 / Categories: Case law , Law digest
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Criminal Litigation

DPP v B [2008] All ER (D) 51 (Jan)

The defendant pleaded guilty to a single charge of sexual assault. He was committed for sentence. The crown court judge was of the opinion that the single count failed to reflect the criminality in question, and invited the prosecution to reconsider the charges that the defendant should face. The prosecution sought to add a further 17 charges at the magistrates’ court. The justices held this to be an abuse of process.

HELD In all the circumstances, the justices’ decision was irrational. The intervention by the judge was proper, to ensure that such charges were brought to enable an appropriate sentence to be imposed in the particular case.

The fact that the defendant was at risk of a much greater sentence did not make the laying of the additional charges unjust; he was not exposed to anything other than the appropriate sentence for the conduct admitted or proved at trial.

Proceedings should only be stayed as an abuse of process in very exceptional circumstances where it could properly be

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MOVERS & SHAKERS

HFW—Nelson Wang

HFW—Nelson Wang

HFW strengthens global insurance practice and Greater China offering with London Partner hire

Burges Salmon—David McEwing

Burges Salmon—David McEwing

Burges Salmon boosts Energy and Utilities practice with appointment of David McEwing

Browne Jacobson—Alexander Studholme

Browne Jacobson—Alexander Studholme

Browne Jacobson adds international construction arbitration partner in London push

NEWS
Law firm trainees are choosing US firms over their UK comparators, according to Chambers’ annual report on UK trainee satisfaction
A former senior judge has warned peers against scrapping juries for fraud and financial crimes, ahead of the Courts and Tribunals Bill’s second reading in the House of Lords this week
Civil practitioners face changes spanning debt recovery, workplace harassment and possession claims, alongside guidance on insolvency challenges and children proceedings

Finding matrimonial wealth is as challenging as dividing it, as family disputes draw practitioners into asset tracing, offshore structures and insolvency

Agreement between opponents offers no guarantee that a court will approve a retrospective increase to a costs budget
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