What is Abuse of Process?
Updated on Monday 19th November 2018
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The abuse of process might have numerous definitions, but the most important one relates with the court that will not allow the prosecutor to proceed with something that is considered unfair or inappropriate in a trial. Before we enter into details, we remind that our criminal defence solicitors in London are ready to offer complete information about the abuse of process and legal assistance in the court of law if you have been accused or charged of a particular criminal offence.
What you need to know about the abuse of process
From the beginning, we remind that the magistrates’ court and the Crown Court in the UK are obliged to offer a correct protection in a process and avoid the abuse. This aspect involves the protection of the offender against prejudice and oppression. The main form of an abuse of process is related to the unfairness of a defendant to be evaluated, or in other words, if he will not receive a fair trial in the UK court of law. Our defence solicitors in the UK can offer complete assistance in these matters and can prepare a suitable approach on your case.
The defence in case of abuse of process
The defence lawyer in London will apply the provisions stipulated under the Criminal Procedure Rules and the Criminal Practice Law in the UK in cases of abuse of process. Starting an abuse of process argument by the team of solicitors will be a fist major step in your particular case. Such procedure needs to be announced within 14 days before the trial and must contain details about the grounds of the application. It is good to know that the magistrates’ court will need to be notified by the defence team if they consider an abuse of process at the time of the initial hearing. In order for the argument to be used in the abuse of process, the lawyers will investigate the background, the basis and the personal record of the individual implied in the process.
We invite you to get in touch with our team or criminal defence solicitors in London if you need extra information about the abuse of process in the UK.