Anna Chestnutt successfully applies to stay Crown Court proceedings as an abuse of the court’s process.

MS was charged with dangerous driving and the assault of two police officers acting in the course of their duty. He pleaded guilty in the Magistrates’ Court and was committed to Burnley Crown Court for sentence. A pre-sentence report was prepared. 

Before MS was sentenced, the Crown sought to charge MS with a new set of proceedings arising from the same incident. No new evidence had emerged. The new proceedings alleged a much more serious charge, criminal damage with intent to endanger life.

Ms Chestnutt, instructed by Mr Howard of Farleys solicitors, then lodged an application on MS’s behalf for the new proceedings to be stayed as an abuse of the court’s process. She argued that it would offend the court’s sense of justice and propriety to be asked to try MS in the circumstances of the case.

After extensive legal argument, the judge found in Ms Chestnutt’s favour.

MS now awaits sentence on the lesser charges.

Should you wish to instruct Ms Chestnutt, please do not hesitate to contact a member of the clerking team.