Book

Abuse of Process and Judicial Stays of Criminal Proceedings

Andrew L-T Choo

Second edition

Published in print September 2008 | ISBN: 9780199280834
Published online January 2009 | e-ISBN: 9780191712876 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199280834.001.0001

Series: Oxford Monographs on Criminal Law and Justice

Abuse of Process and Judicial Stays of Criminal Proceedings

Show Summary Details

Preview

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 on the judicial discretion to stay criminal proceedings. It explores substantial amounts of important recent case law, taking into account ECHR jurisprudence and discussions in English courts of the interplay between Article 6 ECHR and abuse of process.

Keywords: European Convention on Human Rights; Article 6 ECHR; England; Wales; USA; Canada; Australia; New Zealand

Book.  240 pages. 

Subjects: Criminal Law

Full text: subscription required

How to subscribe Recommend to my Librarian

Buy this work at Oxford University Press »


Table of Contents

The Abuse of Process Doctrine and Criminal Justice in Abuse of Process and Judicial Stays of Criminal Proceedings

Chapter

Full text: subscription required

How to subscribe Recommend to my Librarian

Prosecutorial Manipulation or Misuse of Process in Abuse of Process and Judicial Stays of Criminal Proceedings

Chapter

Full text: subscription required

How to subscribe Recommend to my Librarian

Delay, Lost or Destroyed Evidence, and Adverse Publicity in Abuse of Process and Judicial Stays of Criminal Proceedings

Chapter

Full text: subscription required

How to subscribe Recommend to my Librarian

Police Misconduct at the Investigatory Stage in Abuse of Process and Judicial Stays of Criminal Proceedings

Chapter

Full text: subscription required

How to subscribe Recommend to my Librarian

Entrapment in Abuse of Process and Judicial Stays of Criminal Proceedings

Chapter

Full text: subscription required

How to subscribe Recommend to my Librarian

Procedural Issues in Abuse of Process and Judicial Stays of Criminal Proceedings

Chapter

Full text: subscription required

How to subscribe Recommend to my Librarian

Conclusion in Abuse of Process and Judicial Stays of Criminal Proceedings

Chapter

Full text: subscription required

How to subscribe Recommend to my Librarian

Users without a subscription are not able to see the full content. Please, subscribe or login to access all content.