Abuse of Process by Colin WellsAbuse of Process by Colin Wells

Abuse of Process

byColin Wells

Paperback | March 11, 2017

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The 3rd edition of this leading text examines, from a practitioner's point of view, the concept of abuse of process and how it operates within criminal and extradition proceedings. This title deals with the different procedural and factual situations that give rise to an abuse of process,covering the whole of criminal litigation, from pre-charge advisory stage to appellant level. A number of different topics are examined from a case law perspective; covering disclosure, entrapment, delay, loss of evidence, abuse of executive power, adverse publicity, ability to participate. Skeletonarguments are included for practical assistance.The third edition covers all recent important case law decisions, updating specific topic areas:* Case management (R v Boardman [2015] EWCA Crim 175)* Post-trial abuse (Tague [2015] EWHC 3576(Admin))* Illegally obtained evidence (Public Prosecution Service of Northern Ireland v Elliott [2013] UKSC 32)* Linked civil proceedings (Clayton [2014] 2 Cr App R 20)* Disclosure Herbert Austin [2013] EWCA Crim 1028,(S)D and S(T) [2015] 2 Cr.App.R.27)* Entrapment (Wilson v The Queen [2015] NZSC 189) and Palmer [2015] Crim L R 153)* Delay and serious specific prejudice to a fair trial (R [2015] EWCA Crim 1941)DT Destruction and retention of evidence (DPP v Petrie [2015] EWCA 48 (Admin); Spalluto [2015] EWHC 2211 (Admin)* Local authority prosecutions (Clayton [2014] EWCA Crim 1030)* Special measures (OP [2014] EWHC 1944 (Admin) * Legal representation (Crawley [2014] EWCA Crim 1028)
Colin Wells is a criminal defence barrister of 28 years' experience at 25 Bedford Row. His practice ranges from pre-charge criminal advisory, criminal defence work (specialising in Fraud, Money Laundering, Confiscation and related Regulatory proceedings), Criminal Cost Appeals to Claimant civil actions against the Police and Prison Ser...
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Title:Abuse of ProcessFormat:PaperbackDimensions:360 pagesPublished:March 11, 2017Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0198786042

ISBN - 13:9780198786047

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Table of Contents

1. Rudi Fortson QC: Introduction2. Colin Wells and Mark Jones: Pre Charge and Investigation3. Colin Wells and Emma Stuart Smith: Forums for raising abuse of process4. Colin Wells and Tom Price QC: Disclosure5. Colin Wells: Entrapment6. Colin Wells: Delay7. Colin Wells: Non-availability of evidence8. Colin Wells: Unfair Conduct, abuse of executive power9. Colin Wells: Adverse publicity10. Kris Gledhill: Ability to Participate in Criminal Proceedings11. Rebecca Niblock: Extradition12. Colin Wells and Nathaniel Rudolf: Confiscation proceedings and civil recovery13. Colin Wells: Tactical and procedural considerationsAppendicesSkeleton Arguments

Editorial Reviews

"A great addition to the chambers library" --The Barrister