Abuse Of Process And Judicial Stays Of Criminal Proceedings PDF Download
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Author | : Andrew L.-T. Choo |
Publisher | : Oxford University Press, USA |
Total Pages | : 258 |
Release | : 1993 |
Genre | : Criminal procedure |
ISBN | : |
Download Abuse of Process and Judicial Stays of Criminal Proceedings Book in PDF, ePub and Kindle
This book is about the judicial discretion to stay criminal proceedings, and is the first full-length monograph to be published in England on the topic. It presents a fresh perspective on the discretion under consideration by setting the discretion against the general backdrop of the law of criminal evidence. In recent times, a number of evidence scholars have demonstrated persuasively that every exclusionary rule and exclusionary discretion in the law of criminal evidence can be explained by reference to the protection of the innocent from wrongful conviction and/or the protection of the moral integrity of the criminal process. It is demonstrated in this book that the judicial discretion to stay criminal proceedings can, and should, be viewed in the same way. A comparative perspective is adopted where appropriate, with particular reference being made to the jurisdictions of Canada, Australia, New Zealand, Ireland, and the United States.
Author | : David Corker |
Publisher | : |
Total Pages | : 0 |
Release | : 2006 |
Genre | : Fair trial |
ISBN | : |
Download Abuse of Process in Criminal Proceedings Book in PDF, ePub and Kindle
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.
Author | : General Editor: David Young |
Publisher | : |
Total Pages | : 496 |
Release | : 2022 |
Genre | : Criminal procedure |
ISBN | : 9781526515193 |
Download Young, Corker and Summers on Abuse of Process in Criminal Proceedings Book in PDF, ePub and Kindle
"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"--
Author | : David Corker |
Publisher | : Bloomsbury Professional |
Total Pages | : 325 |
Release | : 2003-01-01 |
Genre | : Law |
ISBN | : 9781845923358 |
Download Abuse of Process in Criminal Proceedings Book in PDF, ePub and Kindle
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.
Author | : Kelly Pitcher |
Publisher | : Springer |
Total Pages | : 574 |
Release | : 2017-12-14 |
Genre | : Law |
ISBN | : 9462652198 |
Download Judicial Responses to Pre-Trial Procedural Violations in International Criminal Proceedings Book in PDF, ePub and Kindle
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.
Author | : Colin Wells |
Publisher | : |
Total Pages | : 340 |
Release | : 2006 |
Genre | : Criminal procedure |
ISBN | : 9781903307465 |
Download Abuse of Process Book in PDF, ePub and Kindle
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.
Author | : |
Publisher | : Oxford University Press |
Total Pages | : 529 |
Release | : 2023-06-21 |
Genre | : Law |
ISBN | : 0192676210 |
Download Abuse of Process Book in PDF, ePub and Kindle
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)
Author | : Martin L. Newell |
Publisher | : |
Total Pages | : 726 |
Release | : 1892 |
Genre | : Chicanery (Law) |
ISBN | : |
Download A Treatise on the Law of Malicious Prosecution, False Imprisonment, and the Abuse of Legal Process Book in PDF, ePub and Kindle
Author | : Sir Percy Henry Winfield |
Publisher | : |
Total Pages | : 284 |
Release | : 1921 |
Genre | : Criminal law |
ISBN | : |
Download The Present Law of Abuse of Legal Procedure Book in PDF, ePub and Kindle
Author | : |
Publisher | : |
Total Pages | : |
Release | : 2007 |
Genre | : Civil procedure |
ISBN | : |
Download Civil Trials Bench Book Book in PDF, ePub and Kindle
This book provides guidance for judicial officer in the conduct of civil proceedings, from preliminary matters to the conduct of final proceedings and the assessment of damages and costs. It contains concise statements of relevant legal principles, references to legislation, sample orders for judicial official to use where suitable and checklists applicable to various kinds of issues that arise in the course of managing and conducting civil litigation.