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Court of Appeal allows DPP's appeal of High Court order prohibiting a trial in the Central Criminal Court, noting that in fact the order should have been one injuncting the DPP in the circumstances, on the grounds, inter alia, that: (a) prohibition or an injunction should only be granted in advance of a trial where the prejudice complained of was manifest, unavoidable and of such significance as to give rise to a real or serious risk of an unfair trial; and (b) the respondent had not established any such prejudice.
Appeal by DPP of order prohibiting the prosecution of proceedings - respondent charged with one count of rape and 36 counts of sexual assault - complainant younger sister of respondent's wife and aged nine years when the first incident is alleged to have occurred in March 1976 - whether prejudice arising from delay - whether any 'islands of fact' upon which prosecution case could be tested - whether respondent had established real risk of an unfair trial that could not be addressed by the trial judge in making appropriate rulings and directions - whether respondent had demonstrated the exceptional circumstances required to warrant the prohibition of his trial - raised by Court of Appeal but not by parties that order of the High Court ought to have been injunctive relief rather than an order of prohibition as the Central Criminal Court is not amenable to judicial review.
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