Prosecutorial Manipulation or Misuse of Process
Prosecutorial Manipulation or Misuse of Process
This chapter examines situations in which ‘the prosecution have manipulated or misused the process of the court so as to deprive the defendant of a protection provided by the law or to take unfair advantage of a technicality’. Topics discussed include the rule against double jeopardy; circumvention of time limits and improper prosecutorial motives; repeated committal proceedings; deprivation of a right to a particular type of trial; improper consideration of criteria for prosecution; and private prosecutions.
Keywords: criminal proceedings, abuse of process, stay of proceedings, double jeopardy, prosecution
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