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Abuse of Process and Judicial Stays of Criminal Proceedings$
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Andrew L-T Choo

Print publication date: 2008

Print ISBN-13: 9780199280834

Published to Oxford Scholarship Online: January 2009

DOI: 10.1093/acprof:oso/9780199280834.001.0001

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(p.186) 7 Conclusion
Abuse of Process and Judicial Stays of Criminal Proceedings

Andrew L-T Choo

Oxford University Press

This chapter presents a synthesis of discussions in the preceding chapters and some concluding thoughts from the author. It argues that the existence of a judicial discretion to stay criminal proceedings which are an abuse of the process of the court is now a deeply entrenched part of English criminal procedure. It discusses issues that must be addressed to ensure the smooth and coherent development of the abuse of process doctrine. The chapter concludes by stating that the abuse of process doctrine must ultimately be left to the exercise of judicial good sense, which should be accompanied by a clear judicial articulation of the reasoning that has been employed to determine the success or otherwise of the abuse of process application at hand.

Keywords:   criminal proceedings, abuse of process, stay of proceedings, judicial discretion

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