This chapter considers various procedural issues associated with the exercise of the judicial power to stay proceedings as an abuse of process. It is shown that while the exercise of judicial discretion is indispensable to the attainment of individualized justice, it does have the potential to lead to uncertainty and unpredictability. However, such problems are likely to be minimized if discretion is appropriately confined, structured, and checked. How this might be achieved in relation to the abuse of process discretion is discussed. Specific procedural issues associated with the exercise of the abuse of process discretion both in the Crown Court and in magistrates' courts are also examined.
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