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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 said that the consequence would be injustice or where the

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Jurit LLP—Caroline Williams

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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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