Judicial Discretion and Criminal Litigation

Hardcover | April 30, 1999

byRosemary Pattenden

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This book is about the discretions exercised by criminal trial courts both at Crown Court and Magistrates' Court level and about discretion in the criminal appellate process. The aim is twofold. First, to provide a theoretical framework within which to discuss and assess the discretions.This entails defining discretion, outlining the reasons for the existence of discretion and considering the means by which discretion may be controlled. Secondly, to examine the evidential and procedural discretions whose existence is recorded in cases, statutes, and the reports of law bodies, andto list the known principles by which these discretions should be exercised. The text concentrates on the law and practice in England and Wales but the footnotes include extensive references to the decisions and statutes of Australia, Canada and New Zealand. The last chapter of the book examinesthe way in which an exercise of discretion by a trial court, the Court of Appeal, or the Divisional Court of the Queen's Bench Division may be challenged and demonstrates that whatever the position may have been at the turn of the century few erroneous exercises of discretion are nowinviolable.

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This book is about the discretions exercised by criminal trial courts both at Crown Court and Magistrates' Court level and about discretion in the criminal appellate process. The aim is twofold. First, to provide a theoretical framework within which to discuss and assess the discretions.This entails defining discretion, outlining th...

Rosemary Pattenden is a Reader in Law at University of East Anglia.

other books by Rosemary Pattenden

Format:HardcoverDimensions:496 pages, 9.21 × 6.14 × 1.26 inPublished:April 30, 1999Publisher:Oxford University Press

The following ISBNs are associated with this title:

ISBN - 10:0198255675

ISBN - 13:9780198255673

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'Dr. Pattenden has the knack of finding the most recondite authorities, and of utilising the most apposite quotations and examples. Such a result reflects application and facility of a quite extraordinary quality. The book is written in clear, restrained and grammatical prose. There can be nodoubt that every serious scholar, teacher, and practitioner of the law of criminal procedure and evidence must have access to this work. It is in the very rare category of an indispensable source.'C.F.H. Tapper, Magdalen College, Oxford, The Law Quarterly Review, Vol. 107, April 1991