Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Abuse of process definition

What does Abuse of process mean? Abuse of process describes court intervention to prevent or control proceedings that misuse procedural rules, make a fair trial impossible, or undermine the integrity of justice. It is not defined by statute; it derives from courts’ inherent jurisdiction and case law across the UK and Ireland. Typical examples include: manipulation of procedure by a prosecutor or claimant; inordinate or oppressive delay that has prejudiced the defendant so a fair trial is no longer possible; using proceedings for a collateral or ulterior purpose; vexatious or duplicative claims; collateral attacks on earlier judgments; and state misconduct undermining the court’s process. Remedies,...

Abuse of Process in Criminal Cases: Applications, Judicial Review and Appeal Routes in Magistrates’ and Crown Courts (England and Wales)

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Practice notes

For guidance on when applications alleging abuse of process can arise in criminal cases, see Practice Note: Abuse of process in criminal proceedings. The procedure for advancing such an argument is set out in the criminal procedure rules 2025 (CrimPR 2025), SI 2025/909. That procedural framework governs how such applications are made and managed in court. The court applies it throughout the process carefully. The applicant bears the burden, on the balance of probabilities, to establish some impropriety in the decision to prosecute, or in the way the prosecution has been pursued, such that either a fair trial is no longer achievable (the first limb) or it would no longer be fair to try the defendant (the second limb). Both defence and prosecution may call evidence. The prosecution must disclose relevant unused material. The judge determines the issue on the evidence. Any challenge to a ruling following an abuse argument in the magistrates’ court lies to the High Court by judicial review, or to the Crown Court by way of a rehearing. A decision of the Crown Court is not amenable to judicial review, as it is a decision concerning trial on indictment...

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Web page updated on 21/05/2026

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