Abuse Of Process In Criminal Proceedings
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Abuse Of Process In Criminal Proceedings
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Author : David Corker
language : en
Publisher:
Release Date : 2006
Abuse Of Process In Criminal Proceedings written by David Corker and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006 with Fair trial categories.
The court has inherent powers to stay a criminal prosecution if, having regard to the circumstances of the particular case, it considers that the initiation or continuance of the prosecutor would be unfair. This book covers all areas of abuse ofprocess.
Young Corker And Summers On Abuse Of Process In Criminal Proceedings
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Author : General Editor: David Young
language : en
Publisher:
Release Date : 2022
Young Corker And Summers On Abuse Of Process In Criminal Proceedings written by General Editor: David Young and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022 with Criminal procedure categories.
"Setting out the law relating to abuse of process in criminal law, it analyses the underlying issues and draws together the evolving case law on different aspects of abuse of process including delay, breach of promise, the destruction of evidence, non-disclosure, entrapment and extradition. In the last six years there has been a significant amount of new law relevant to the development of abuse of process in criminal proceedings under an evolving definition of abuse of process. - The new edition is fully updated throughout with new chapters and material on: - What is the current definition of an abuse of process? Reviews the evolution of the definition from the Beckford case, through the Maxwell and Warren decisions onto the Crawley and D v A authorities. - Lost Evidence Cases - evolving case law in relation to failures to follow reasonable lines of enquiry in the context of CPS and DPP guidance on investigations into communication evidence. - Non-Disclosure Abuse - probably the most common category of abuse which is argued. The media have recently reported on cases where there were significant disclosure failings by prosecutors leading to the termination of proceedings, but what are the factors judges should consider in deciding whether non-disclosure amounts to abuse of process? - Entrapment abuse - Abuse of process after conviction - is this possible? The authors argue that, given a key objective of the doctrine of abuse of process is to protect the integrity of the criminal justice system, the doctrine should also apply post-conviction. - Is abuse of process in historic sex abuse dead? - In PR v R [2019] EWCA Crim 1225, a Court led by Lord Justice Fulford (the new Vice-President of the CACD) declined to interfere with a trial judge's decision to allow a case of historic sex abuse to proceed, even though the time periods of delay were significant, and the loss of material substantial. - New section in the Procedure Chapter on the making of Abuse Applications in Regulatory Proceedings - Criminal Procedure Rules 2015 - International abuse of process cases from the international courts"--
Abuse Of Process In Criminal Proceedings
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Author : David Corker
language : en
Publisher: Bloomsbury Professional
Release Date : 2003-01-01
Abuse Of Process In Criminal Proceedings written by David Corker and has been published by Bloomsbury Professional this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003-01-01 with Law categories.
David Corker and David Young have combined to produce this essential guide to all areas of the law relating to abuse of process in criminal law - including delay, double jeopardy, breach of process and adverse publicity. The second edition of their much respected text provides new chapters and developments in the law relating to entrapment, extradition and disclosure. The book also incorporates all procedural changes since the first edition, particularly in light of the Auld Report and the impact of the Human Rights Act. In addition, it also provides detailed coverage in the complex area relating to Public Interest Immunity Certificates.
Abuse Of Process
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Author :
language : en
Publisher: Oxford University Press
Release Date : 2023-06-21
Abuse Of Process written by and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-06-21 with Law categories.
The fourth edition of Abuse of Process is a practical guide for barristers and solicitors, advising on and litigating abuse of process applications within criminal proceedings. Written by practitioners for practitioners, the judiciary, and students, this book provides the tools for understanding and developing abuse of process arguments. It offers authoritative and comprehensive coverage of abuse of process arguments at all stages of criminal litigation from pre-charge to appellant level, both domestically and internationally including; the pre-charge investigation stage, forums, disclosure, entrapment, delay, loss of evidence, abuse of executive power, adverse publicity, the ability to participate, extradition, and regulatory proceedings. The fourth edition covers all recent important caselaw decisions, including updates on these specific topic areas; · Confiscation (R (Kambou) v WGCC [2020] 2 Cr.App.R.28) · Disclosure (E [2018] EWCA Crim 2426, Hewitt [2020] EWCA Crim 1247, Hamilton [2021] EWCA Crim 577 and Ambrose [2021] EWCA Crim 1443, · Entrapment (R v TL [2019] 1 Cr.App.R. 1) · Human trafficking (R v DS [2020] EWCA Crim 285 and R v A [2020] EWCA Crim 1408) · Jurisdiction (Mansfield v DPP [2021] EWHC 2938 Admin) · Legitimate expectation (Wokingham BC v Scott [2019] EWCA Crim 205 and R v Walters [2020] EWCA Crim 894) · Loss of evidence (PK [2019] EWCA Crim 1225, PR v R [2019] EWCA Crim 1225 and R v Bater-James [2020] EWCA Crim 790) · Private prosecutions (D Limited v A and others [2017] EWCA Crim 1172) · Unfair conduct (R v Soldier A and C (2020) NICC 6)
Abuse Of Process
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Author : Colin Wells
language : en
Publisher:
Release Date : 2006
Abuse Of Process written by Colin Wells and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006 with Criminal procedure categories.
A guide to the powers of the criminal court has to stay proceedings in order to protect its process from abuse and to secure fair treatment for those accused of crime.
Abuse Of Process And Judicial Stays Of Criminal Proceedings
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Author : Andrew L.-T. Choo
language : en
Publisher: Oxford University Press, USA
Release Date : 2008
Abuse Of Process And Judicial Stays Of Criminal Proceedings written by Andrew L.-T. Choo and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with Law categories.
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.
A Treatise On The Law Of Malicious Prosecution False Imprisonment And The Abuse Of Legal Process
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Author : Martin L. Newell
language : en
Publisher:
Release Date : 1892
A Treatise On The Law Of Malicious Prosecution False Imprisonment And The Abuse Of Legal Process written by Martin L. Newell and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1892 with Chicanery (Law) categories.
Abuse Of Process
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Author : Colin Wells
language : en
Publisher: Jordan Publishing (GB)
Release Date : 2011
Abuse Of Process written by Colin Wells and has been published by Jordan Publishing (GB) this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011 with Criminal justice, Administration of categories.
Abuse of Process examines the concept of abuse of process and how it operates within the criminal justice system. This guide deals with the practicalities of how to make applications to stay proceedings on the basis that an abuse of process has occurred. It deals with abuse of process relating to the proper procedure of suspects detained at a police station, the disclosure of documents, delay and the preparation of cases generally, and also includes an examination of key judgments from Strasbourg and the Supreme courts of Australia, New Zealand, Canada and the US. This new edition covers all recent changes to the law including leading judgments such as Mc E v Prison Service of Northern Ireland [2009] UKHL 15, R v Hamza [2007] Crim LR 320, and Spiers v Ruddy [2007] UKPC D2, as well as a new section on the Inability to Participate. The appendices contain a number of expertly-drafted skeleton arguments as well as key materials including Attorney General's Guidance on Disclosure, Code for Crown Prosecutors and Code of Practice under Part II of the Criminal Procedure and Investigations Act 1996. With practical and tactical advice this is essential reading for all criminal solicitors, barristers, judiciary and police.
Judicial Responses To Pre Trial Procedural Violations In International Criminal Proceedings
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Author : Kelly Pitcher
language : en
Publisher: Springer
Release Date : 2017-12-14
Judicial Responses To Pre Trial Procedural Violations In International Criminal Proceedings written by Kelly Pitcher and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-12-14 with Law categories.
This book provides an in-depth examination of the judicial response at the internationalcriminal tribunals (ICTs) to the violation of procedural standards in thepre-trial phase of proceedings. It does so against the backdrop of the assumption thatcertain particularities of international criminal proceedings may warrant a differentapproach to the matter than at the national level. By reference to relevant human rights standards and to national criminal procedure,as well as to theoretical accounts of the judicial response to pre-trial procedural violations,this book assesses the ICTs’ law and practice in this regard, thereby identifyingpoints of concern and making suggestions for improvement. In doing so, it considersthe most suitable rationale for responding to procedural violations committed in thepre-trial phase of international criminal proceedings and the merits of judicial discretionin this context, as well as the impact of certain particularities of such proceedingson the determination of how to address procedural violations. The book is intended for academics and practitioners in the field of (international)criminal law who want to gain a deeper understanding of the possible impact ofpre- trial procedural violations on criminal proceedings. Kelly Pitcher is Assistant Professor of Criminal Law and Criminal Procedure at LeidenUniversity in The Netherlands.
Abuse Of Process And Fairness In Criminal Proceedings
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Author : David Corker
language : en
Publisher: Butterworth-Heinemann
Release Date : 2000-01-01
Abuse Of Process And Fairness In Criminal Proceedings written by David Corker and has been published by Butterworth-Heinemann this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000-01-01 with Criminal justice, Administration of categories.
David Corker and David Young have combined to produce this guide to all areas of the law relating to abuse of process in criminal law - including delay, double jeopardy, breach of process, adverse publicity and much more. Their book provides the reader with a good knowledge of the principles underlying fairness as covered by the Human Rights Act 1998.