Abuse of Process
Plain-English digest of CPS prosecution guidance.
AI-generated summary — not verbatim. This is a plain-English digest, not the official CPS text. It may omit detail or fall out of date. Do not rely on it for a charging decision — read the full guidance on cps.gov.uk and check the current legislation.
This prosecution guidance outlines the circumstances under which a court may stay a prosecution due to abuse of process, emphasizing the inherent jurisdiction of courts to protect the integrity of the criminal justice system and ensure fair trials. It details the obligations of prosecutors regarding case reviews, countermeasures, and the appropriate procedures for applications to stay proceedings. The guidance also discusses various examples and factors related to the impossibility of a fair trial and the unfairness of continuing prosecutions.
Key points
- Prosecutors must decide whether to continue with cases based on the likelihood of abuse of process claims.
- A stay of proceedings is an exceptional remedy, used only in rare circumstances.
- The court must ensure justice and prevent injustice by assessing the potential for a fair trial.
- Prosecutors should review cases thoroughly before proceeding, especially if abuse of process is anticipated.
- Public interest weighs against staying prosecutions unless absolutely necessary.
- Proper procedures must be followed for abuse of process applications.
Public-interest factors
- The need for finality in criminal proceedings.
- The public interest in the prosecution of crime.
- The rights of victims to seek justice.
- Maintaining public confidence in the justice system.
This is a factual digest of guidance published by the Crown Prosecution Service. Digested 2026-07-14. BlueLineHub is independent and not affiliated with the CPS.