R v Hamza (Abu) [2006] EWCA Crim 2918 – S 4 OAPA.
- delay – abuse of process – assurance of no prosecution - adverse publicity - fair trial - double jeopardy.
1) prosecuting D, contrary to assurance he would not be prosecuted, unlikely to be abuse of process unless (i) the assurance was unequivocal and (ii) D acted upon it to his detriment.
2) effect of adverse publicity before trial may be neutralised by appropriate directions to jury and does not make fair trial impossible.
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