Overview

Abuse of Process examines the concept of abuse of process and how it operates within the criminaljustice system. This practical guide deals with the practicalities of how to make applications to stay proceedings on the basis that an abuse of process has occurred. It deals with abuse of process relating to the proper procedure of suspects detained at a police station, the disclosure of documents, delay and the preparation of cases generally, and also includes an examination of key judgments from Strasbourg and the Supreme courts of Australia, New Zealand, Canada and the US. The Appendices contain a number of expertly-drafted skeleton arguments as well as key materials including Attorney General's Guidance on Disclosure, Code for Crown Prosecutors and Code of Practice under Part II of the Criminal Procedure and Investigations Act 1996. This new edition covers all recent changes to the law including leading judgments such as Mc E v Prison Service of Northern Ireland [2009] UKHL 15, R v Hamza [2007] Crim LR 320, and Spiers v Ruddy [2007] UKPC D2, as well as a new section on Youth Court.

Full Product Details

Author:   Zimran Samuel ,  Colin Wells ,  Paul Hynes ,  Carolyn Robson
Publisher:   LexisNexis UK
Imprint:   Jordan Publishing
Edition:   2nd edition
Dimensions:   Width: 15.60cm , Height: 2.10cm , Length: 24.60cm
Weight:   0.709kg
ISBN:  

9781846612299

ISBN 10:   1846612292
Pages:   426
Publication Date:   19 February 2011
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Paperback
Publisher's Status:   Out of Print
Availability:   In Print  
Limited stock is available. It will be ordered for you and shipped pending supplier's limited stock.

Table of Contents

Foreword by Rudi Fortson QC Preface Table of Cases Table of Statutes Table of Statutory Instruments Table of European Material Table of International Material Table of Codes of Practice Introduction Abuse of Process at the Police Station Forums for Raising Abuse of Process Disclosure Entrapment Delay Non-Availability of Evidence Unfair Conduct, Abuse of Executive Power Adverse Publicity Ability to Participate in Criminal Proceedings Tactical and Procedural Considerations Appendix A Home Office Circular 016/2008: Simple Cautioning - Adult Offenders 269 Appendix B The Code for Crown Prosecutors Appendix C Attorney General's Guidelines on Disclosure Appendix D Criminal Procedure and Investigations Act 1996 (s 23(1)) Code of Practice under Part II Appendix E Schematic overview of the disclosure process Appendix F Skeleton Arguments Appendix G Resources Index

Reviews

the analysis throughout is tight and regularly infused with original practical scenariosA CRIMINAL LAW REVIEW a great addition to the chambersA THE BARRISTER

Author Information

Colin Wells, Barrister, 25 Bedford Row Contributors: Paul Hynes QC, Barrister, 25 Bedford Row, Carolyn Robson, Barrister; Serious Organised Crime Agency, Kris Gledhill, Barrister, Nev Niyazi, Senior Partner, McKenzies Solicitors

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