Abuse of Process and Judicial Stays of Criminal Proceedings

Hardcover | September 11, 2008

byAndrew L.-T. Choo

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The criminal courts have a 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 inmany 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 comparativeexaminations 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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The criminal courts have a 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 inmany situations. There is at least one consi...

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.

other books by Andrew L.-T. Choo

Format:HardcoverDimensions:230 pages, 9.21 × 6.14 × 0.79 inPublished:September 11, 2008Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199280835

ISBN - 13:9780199280834

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Table of Contents

Table of CasesTable of Statutory Material1. Abuse of Process Discretion and Criminal Justice2. Prosecutorial Manipulation or Misuse of Process3. Delay4. Police Impropriety at the Investigatory Stage5. Procedural Issues6. Entrapment7. Conclusion: Rationalization and ReformBibliographyIndex

Editorial Reviews

`Review from previous edition ...useful material and good critical passages...'British Journal of Criminology