Abuse of Process and Judicial Stays of Criminal Proceedings / Edition 2

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Overview

The criminal courts have the power to stop a prosecution from proceeding altogether where it would be inappropriate for it to continue. This power to stay proceedings which constitute an abuse of the process of the court has assumed great practical significance and is potentially applicable in many situations. There is at least one consideration of the abuse of process doctrine in virtually every major criminal trial today.

This fully updated second edition of Abuse of Process and Judicial Stays of Criminal Proceedings blends doctrinal discussion with a thorough consideration of the underlying theory to provide a searching analysis of the theory and practice of abuse of process in England and Wales, with comparative examinations of many other jurisdictions including The USA, Canada, Australia, and New Zealand. This edition focuses in particular upon the profound impact of the European Convention on Human Rights in this area.

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Product Details

Meet the Author

Andrew L.-T. Choo is Professor of Law at the University of Warwick and a barrister at Matrix Chambers, London. He is a member of the editorial board of the International Journal of Evidence and Proof.

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Table of Contents


1 The Abuse of Process Doctrine and Criminal Justice 1
2 Prosecutorial Manipulation or Misuse of Process 21
3 Delay, Lost or Destroyed Evidence, and Adverse Publicity 71
4 Police Misconduct at the Investigatory Stage 106
5 Entrapment 133
6 Procedural Issues 155
7 Conclusion 186 Appendix Practice Direction IV.36 192 Bibliography 194 Index 205
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