Abuse of Process

FASO are not legal advisers however following is information you will find useful about this subject

What is Abuse of Process? 

The Courts as well as the CPS and the Police have an overriding duty to promote justice and prevent injustice.  Are you getting a fair trial?  Has the Police or the CPS not carried out their duties ie. responded to the Defence statement, “suppressed evidence” which is key to your defence?  Have they complied with their disclosure obligations. For example; only the police can obtain CCTV that shows you were at a railway station and not at the pub at the time the crime was said to have been committed. Has the CPS failed to provide disclosure relating to text messages that state that the Complainant was  telling a lie that undermines the case?

What is Intimidation of Witnesses?

Section 51(1): Intimidation of Witnesses/Jurors

A person commits an offence contrary to s.51(1) when doing to another person:

• an act which intimidates, and is intended to intimidate, that other person;
• knowing or believing the other person is assisting in the investigation of an offence or is a witness/potential witness or a juror/potential juror in proceedings for an offence;
• intending thereby to cause the investigation or course of justice to be obstructed, perverted or interfered with.

Concealing Evidence:

This is equivalent to Perverting the Course of Justice. [See above]

Next Stage: FILING A DEFENCE STATEMENT.

This should be prepared by a solicitor and must be done within a certain time frame.

You must ensure that your solicitor has obtained your:

• Police interview tapes. 
• Interviewed witnesses
• Read the prosecution bundle.
• Instructed Counsel with all the appropriate facts of your defence.

You must ensure that you have copies of everything including your Police interview tapes.

Ensure you write to your solicitor and ensure that this had been done.

REMINDER: If your Solicitor does not speak to witnesses they can be intimidated and or blackmailed by the Complainant and or spoken to by the Police to give evidence against you.