Abuse of Process and Judicial Stays of Criminal Proceedings
Andrew L-T Choo
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 t ... More
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.
Keywords:
European Convention on Human Rights,
Article 6 ECHR,
England,
Wales,
USA,
Canada,
Australia,
New Zealand
Bibliographic Information
| Print publication date: 2008 |
Print ISBN-13: 9780199280834 |
| Published to Oxford Scholarship Online: January 2009 |
DOI:10.1093/acprof:oso/9780199280834.001.0001 |
Authors
Affiliations are at time of print publication.
Andrew L-T Choo, author
Professor of Law, University of Warwick and Barrister, Matrix Chambers
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