c. Stay of proceedings on the ground of abuse of process

c. Stay of proceedings on the ground of abuse of process

Various factors are taken into consideration when determining whether to grant a stay of proceedings in cases involving entrapment or abuse of process. These factors may include the nature of the offence, the purpose behind the specific police operation, the extent of police involvement in the crime, and the defendant’s criminal record.

Five factors as of particular relevance: 

1. reasonable suspicion of criminal activity as a legitimate trigger for the police operation;
2. authorisation and supervision of the operation as a legitimate control mechanism;
3. necessity and proportionality of the means employed to police particular types of an offence;
4. the concepts of the “unexceptional opportunity” and causation; and
5. authentication of the evidence.

Indeed, the court applies a strict standard when considering applications for a stay of proceedings that the trial judge must be convinced that proceeding with the trial would constitute an abuse of process that severely undermines public confidence in the administration of justice and goes against the public conscience. The granting of such a stay is rare and reserved for exceptional circumstances. The primary objective is to ensure justice and fairness while maintaining public confidence in the integrity of the criminal justice system.