Guy Cecil secures withdrawal of charge following successful abuse of process argument

Church Court Chambers member Guy Cecil recently secured the withdrawal of a charge of failure to comply with a community protection notice after successfully advancing an abuse of process argument on behalf of his client.

The submission was founded on the principle of res judicata , “a matter already judged” – a doctrine closely related to the rule against double jeopardy. Guy identified that his client had previously been acquitted of a substantially similar offence involving overlapping issues. He argued that the CPS were seeking a “second bite of the cherry”, amounting to an abuse of process which would “offend the court’s sense of justice and propriety”. The CPS accepted the submission and withdrew the charge.

This success follows another recent abuse of process application in which Guy secured a stay of proceedings for a client charged with possession of an offensive weapon. In that case, the police had assured the client that no prosecution would follow if he accepted ownership of a knuckleduster. The client relied on that assurance and admitted possession, only for the police subsequently to prosecute him regardless. Guy successfully argued that proceeding in those circumstances constituted a clear abuse of process, and the case was stayed.

Applications to stay proceedings for abuse of process are subject to a high threshold, however these cases demonstrate the importance of careful analysis and robust advocacy where prosecutorial or investigatory conduct threatens the fairness and integrity of proceedings.

To instruct Guy, please contact the clerking team at clerks@churchcourtchambers.co.uk