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    Abuse Of Process And Judicial Stays Of Criminal Proceedings philpapers.org

    The criminal courts have a power to stop a prosecution.

    This power to stay proceedings which constitute an abuse of the process of the court has assumed great practical significance and is potentially applicable in many situations. Andrew L-T Choo

    The basic principle is that it is for the prosecution, not the court, to decide whether a prosecution should be commenced and, if commenced, whether it should continue. Environment Agency v Stanford [1998] .