Where the DPP reinstitutes proceedings after a nolle prosequi, the existence of significant evidence not previously known to the DPP (even if known to police) places the question of abuse of process in a distinctively different light and will generally justify reinstitution. The DPP's published guidelines and representations in the nolle prosequi letter do not create an estoppel or absolute bar to reinstitution. Courts assessing adverse publicity from internet sources may need to consider proactive measures including requesting removal of online material during trial.
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