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

by Andrew L.T Choo

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.

Product Details

ISBN-13:	9780199280834
Publisher:	Oxford University Press
Publication date:	11/14/2008
Series:	Oxford Monographs on Criminal Law and Justice
Edition description:	REV
Pages:	240
Product dimensions:	6.30(w) x 9.30(h) x 0.90(d)

About 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.

Table of Contents

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