Abuse of Process and Judicial Stays of Criminal Proceedings 2nd ed
ISBN13: 9780199280834
Published: September 2008
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
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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 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.
- Examines an issue of vital importance in criminal proceedings: there is at least one consideration of the abuse of process doctrine in virtually every major criminal trial today
- The previous edition of this work proved highly influential and has been cited in several appellate decisions including decisions of the House of Lords and the Supreme Court of Canada
- Comparative analysis of many jurisdictions including Australia, New Zealand, Canada, the UK and USA
New to this edition
- Examines the profound impact of the European Convention on Human Rights on judicial discretion to stay criminal proceedings
- Explores substantial amounts of important caselaw since publication of the first edition
- Extensively revised coverage of delay, taking into account ECHR jurisprudence and discussions in English courts over the interplay between Article 6 ECHR and abuse of process in the area of delay.
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