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Application To Dismiss S78 Abuse Of Process Sncta Notes

BPTC Law Notes > BPTC Criminal Litigation Notes

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A more recent version of these Application To Dismiss S78 Abuse Of Process Sncta notes – written by City Law School students – is available here.

The following is a more accessble plain text extract of the PDF sample above, taken from our BPTC Criminal Litigation Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:

CONSIDERING EVIDENCE

APPLICATION TO DISMISS CHARGES ref: SGS 2 The application

? D may apply orally OR in writing to CC for charges to be dismissed
? CC only
? when can application be made?
o after service of documents on which charges based but before arraignment
? the test o judge must dismiss charge (+ quash count in indictment) if evidence against D NOT sufficient for him to be properly convicted

Procedure

? must give written intention to apply if wish to make oral application
? written intention / written applications o not later than 14 days after service of documents containing evidence on which charges based

o copy must be sent to pros and co-D o CC may extend on application in writing
? pros application for oral hearing o may apply to CC not later than 7 days after receive written application o pros serve any evidence in reply within 14 days
? if charge dismissed, further proceedings only by voluntary bill of indictment
? D cannot JR decision of CC not to dismiss

ABUSE OF PROCESS (outline only in mags' and CC)

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