Abuse of Process and Judicial Stays of Criminal Proceedings

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4 Citations (Scopus)

Abstract

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.

Original languageEnglish
Place of PublicationOxford UK
PublisherOxford University Press
Number of pages240
Edition2nd
ISBN (Electronic)9780191712876
ISBN (Print)9780199280834
DOIs
Publication statusPublished - 11 Sept 2008
Externally publishedYes

Keywords

  • Article 6 ECHR
  • Australia
  • Canada
  • England
  • European Convention on Human Rights
  • New Zealand
  • USA
  • Wales

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