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five. The final notion of fairness which has influenced Substantially of the standard prison regulation of this state defies analytical definition. Nor is it feasible to catalogue in the summary the occurrences exterior or in the true trial which will or may impact the general trial to an extent that it may no more effectively be considered to be a good one. Putting to at least one facet conditions of precise or ostensible bias, the identification of Exactly what does and Exactly what does not take away the caliber of fairness from an All round trial need to commence on the case by circumstance foundation and entail an undesirably, but unavoidably, huge articles of in essence intuitive judgment. The ideal that one can do would be to formulate appropriate general propositions and examples derived from previous expertise. As a result, it can be stated, as being a normal proposition, that default or impropriety over the Portion of the prosecution in pre-trial strategies can, based on the circumstances, be so prejudicial to an accused which the demo by itself is manufactured an unfair one particular.

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But it is conceivable that hold off is so excellent and consequent prejudice to an accused so manifest that directions can not guarantee a good trial. In that circumstance a stay of proceedings is the only real cure that satisfies your situation. Uncommon as that problem could be, it cannot be excluded. To deal with abuse of method and truthful demo as solely distinct ideas carries the risk the remedies in Just about every case are going to be seen as necessarily unique. That will not normally be the case. Increased adaptability and in the end better justice might be obtained if The 2 notions are recognized as bearing on one another.

22. It absolutely was unnecessary to take into consideration in Barton whether or not a power to stay proceedings went past "the grant of a remain of proceedings so as to permit a preliminary examination to happen" (at p 96) or to consider the concepts which could govern or impact the physical exercise of an influence to stay Certainly. That question now arises.

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The answer to that concern will be to be present in an Examination of the ability to grant a long lasting stay along with a consideration of All those characteristics in the legal procedure which essentially bear upon its training in felony proceedings.

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