Chapter

The Abuse of Process Doctrine and Criminal Justice

Andrew L-T Choo

in Abuse of Process and Judicial Stays of Criminal Proceedings

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/9780199280834.003.0001

Series: Oxford Monographs on Criminal Law and Justice

The Abuse of Process Doctrine and Criminal Justice

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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.

Keywords: criminal proceedings; courts; civil litigation; criminal litigation; human rights

Chapter.  10665 words. 

Subjects: Criminal Law

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