The Abuse of Process Doctrine and Criminal Justice

This chapter begins with a brief discussion of the primary aim of the book, which is to analyse the courts' power to stay criminal proceedings which are deemed as an ‘abuse of the process of the court’. It then discusses the origins of the doctrine and its use in civil litigation, entrenchment of the doctrine in the criminal sphere, the nature of a stay, and aspects of criminal justice. A brief introduction to the law on abuse of process is presented.

This chapter begins with a brief discussion of the primary aim of the book, which is to analyse the courts' power to stay criminal proceedings which are deemed as an ‘abuse of the process of the court’. It then discusses the origins of the doctrine and its use in civil litigation, entrenchment of the doctrine in the criminal sphere, the nature of a stay, and aspects of criminal justice. A brief introduction to the law on abuse of process is presented.