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Mansfield v DPP [2021] EWHC 2938 (Admin) – s 139 CJA 1988.

– double jeopardy – promise not to prosecute.
1) magistrates’ court has jurisdiction to consider stay of prosecution for abuse of process when P has withdrawn assurance not to prosecute.
2) public interest in holding P to its promise not to prosecute may outweigh public interest in seeing that serious offence is prosecuted.
- “detriment” to D is wider than that which can be cured by achieving fairness at trial.
- whereas ability of D to have fair trial is focus of category 1 abuse of process, category 2 abuse looks broadly at whether court’s sense of fairness and propriety offended.

undefined: unpaid

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