Abuse of Process and Judicial Stays of Criminal Proceedings

Author: Andrew L.-T. Choo
Publisher: Oxford University Press, USA
ISBN: 9780199280834
Format: PDF
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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.

Abuse of Process in Criminal Proceedings

Author: David Young
Publisher: Bloomsbury Professional
ISBN: 9781780432175
Format: PDF, Docs
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Abuse of Process in Criminal Proceedings is a much respected text and is an essential guide to all areas of UK law relating to abuse of process in criminal law, including delay, double jeopardy, breach of promise, and adverse publicity. Immensely practical, this fourth edition provides a thought-provoking analysis of underlying issues and will help the reader to quickly assimilate and understand the evolving UK case law on different aspects of abuse of process. The book includes a new chapter on international abuse with a comparative analysis based on the authors' research and findings while at the Hague. It has been fully updated to cover case law on extradition abuse and abuse of executive power, and it includes coverage of the impact of the Levinson Enquiry.

Caribbean Criminal Practice

Author: Seetahal
Publisher: Cavendish Publishing
ISBN: 1843143003
Format: PDF, Docs
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This is the first book of its kind in the Commonwealth Caribbean on Criminal Procedure. Furthermore it is written by someone who has over twenty years experience in the field: as a prosecutor for over a dozen years, as a magistrate, as a criminologist, a criminal justice consultant and finally as a law school lecturer. This book fills a lacuna in Commonwealth Caribbean jurisprudence in that there is currently no local or regional text on criminal practice and procedure. For too long students and practitioners have had to waste time to wade through English and other text in areas that are not even relevant in order to determine their application to these jurisdictions. The book provides a useful reference to clarify what the state of the statutory law is in the Caribbean when compared to similar areas in English law and to discuss the relevant statute and common law in specific areas. It is a text useful not only for law school students but criminal justice professionals such as lawyers and police officers as well.; The content of the book includes both the statute law and common law on criminal practice and procedure in most of the relevant jurisdictions, which include Trinidad Tobago, Guyana, Barbados, Jamaica and Grenada among others. Where the law is the same or similar in some jurisdictions this is emphasised in the text so as to avoid unnecessary repetition in discussion. Attempts will be made to identify specific differences in the laws of different jurisdictions despite their being many commonalities. Recent developments in these areas are also discussed and the impact of the statutory changes in some countries is assessed

A Practical Approach to Criminal Procedure

Author: John Sprack
Publisher: OUP Oxford
ISBN: 0191653675
Format: PDF, Kindle
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Now in its fourteenth edition, A Practical Approach to Criminal Procedure provides a complete guide to the criminal process in England and Wales. It explains what happens before the accused appears in court, the way in which prosecutions are commenced, funding by the criminal defence service, and bail. It describes proceedings in the magistrates' court, including summary trial and committal for sentence, as well as the way in which the youth court operates. Committal and transfer for trial are clearly explained and the process by which serious offences are sent direct to the Crown Court is also studied. Trial on indictment is discussed in detail, as are sentencing and appeals. This new edition has been fully updated to incorporate recent developments in the field. In particular, attention is paid to the changes resulting from the Legal Aid, Sentencing and Punishment of Offenders Act, as well as to recent Sentencing Guidelines. Changes to the PACE codes are also considered in detail. Very much a practical guide, this title makes frequent use of examples, flowcharts, and tables, and is specifically designed to assist the busy professional and student. A Practical Approach to Criminal Procedure is an indispensable resource for those working in this field. The A Practical Approach series is the perfect partner for practice work. Each title focuses on one field of the law and provides a comprehensive overview of the subject together with clear, practical advice and tips on issues likely to arise in practice. The books are also an excellent resource for those new to the law, where the expert overview and clear layout promote ease of understanding.

Commonwealth Caribbean Criminal Practice and Procedure

Author: Dana S. Seetahal
Publisher: Routledge
ISBN: 1136674284
Format: PDF, Docs
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The fourth edition of this best-selling book has been thoroughly revised to take into account recent developments in the law in criminal practice and procedure across the region. The only textbook that explores criminal practice and procedure as it relates to the Commonwealth Caribbean, the book clarifies the state law in each of 11 jurisdictions, at the same time making it clear when laws are the same or similar and highlighting where differences among jurisdictions occur. Both statute law and common law are examined in the relevant jurisdictions, which include Trinidad and Tobago, Guyana, Barbados, Jamaica and Grenada amongst others. The impact of statutory changes in the laws are analysed, as well as recent developments in the common law. Throughout the text the statutory law in the Commonwealth Caribbean is compared to similar English legislation, in the light of the analysis of such legislation in English case law. Commonwealth Caribbean Criminal Practice and Procedure is the recommended textbook for all profes- sional law schools in the Commonwealth Caribbean and is used at regional universities as a reference book for criminal justice students. In addition, as the only book that deals specifically with criminal practice and procedure in the regions, it has proved a valuable reference tool for legal practitioners, judicial officers and police officers.

Abuse of Process

Author: Colin Wells
Publisher:
ISBN: 9780198786047
Format: PDF, Mobi
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The 3rd edition of this leading text examines, from a practitioner's point of view, the concept of abuse of process and how it operates within criminal and extradition proceedings. This title deals with the different procedural and factual situations that give rise to an abuse of process,covering the whole of criminal litigation, from pre-charge advisory stage to appellant level. A number of different topics are examined from a case law perspective; covering disclosure, entrapment, delay, loss of evidence, abuse of executive power, adverse publicity, ability to participate. Skeletonarguments are included for practical assistance.The third edition covers all recent important case law decisions, updating specific topic areas:* Case management (R v Boardman [2015] EWCA Crim 175)* Post-trial abuse (Tague [2015] EWHC 3576(Admin))* Illegally obtained evidence (Public Prosecution Service of Northern Ireland v Elliott [2013] UKSC 32)* Linked civil proceedings (Clayton [2014] 2 Cr App R 20)* Disclosure Herbert Austin [2013] EWCA Crim 1028,(S)D and S(T) [2015] 2 Cr.App.R.27)* Entrapment (Wilson v The Queen [2015] NZSC 189) and Palmer [2015] Crim L R 153)* Delay and serious specific prejudice to a fair trial (R [2015] EWCA Crim 1941)DT Destruction and retention of evidence (DPP v Petrie [2015] EWCA 48 (Admin); Spalluto [2015] EWHC 2211 (Admin)* Local authority prosecutions (Clayton [2014] EWCA Crim 1030)* Special measures (OP [2014] EWHC 1944 (Admin) * Legal representation (Crawley [2014] EWCA Crim 1028)

The Integrity of Criminal Process

Author: Jill Hunter
Publisher: Bloomsbury Publishing
ISBN: 1782255710
Format: PDF, ePub
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Criminal proceedings, it is often now said, ought to be conducted with integrity. But what, exactly, does it mean for criminal process to have, or to lack, 'integrity'? Is integrity in this sense merely an aspirational normative ideal, with possibly diffuse influence on conceptions of professional responsibility? Or is it also a juridical concept with robust institutional purchase and enforceable practical consequences in criminal litigation? The 16 new essays contained in this collection, written by prominent legal scholars and criminologists from Australia, Hong Kong, the UK and the USA, engage systematically with - and seek to generate further debate about - the theoretical and practical significance of 'integrity' at all stages of the criminal process. Reflecting the flexibility and scope of a putative 'integrity principle', the essays range widely over many of the most hotly contested issues in contemporary criminal justice theory, policy and practice, including: the ethics of police investigations, charging practice and discretionary enforcement; prosecutorial independence, policy and operational decision-making; plea bargaining; the perils of witness coaching and accomplice testimony; expert evidence; doctrines of admissibility and abuse of process; lay participation in criminal adjudication; the role of remorse in criminal trials; the ethics of appellate judgment writing; innocence projects; and state compensation for miscarriages of justice.

Case Management in Criminal Trials

Author: Roderick Denyer
Publisher: Bloomsbury Publishing
ISBN: 1847318827
Format: PDF, Docs
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Since the first edition of this book - the first on the new system of case management in Crown Courts - much has happened, and the controversial and often misunderstood elements of case management have gradually evolved into a system which now appears to be having its intended effect. This book is designed to provide all those who work in the Crown Courts -judges, administrators, barristers and solicitors - with a one-stop guide to the day-to-day practical problems that arise both before and during trial. In particular it deals with all the problems that pre-trial case management can pose as well as those management type problems that can arise during the course of a trial such as problems with jurors, witnesses and absent defendants. It deals with all the main applications such as bad character disclosure and abuse of process. This is a unique and invaluable work of reference for all lawyers whose work brings them into contact with the Crown Court, as well as students studying for their Bar Finals.

Disclosure in Criminal Proceedings

Author: David Corker
Publisher: OUP Oxford
ISBN: 9780199211340
Format: PDF, Mobi
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"Analysing all the relevant law and procedure, this title puts practitioners in the best position to argue their case. It is essential reading for all solicitors and barristers practicing in criminal law, as well as the judiciary, disclosure officers, and academics."--BOOK JACKET.