Subjects:

Practice & Procedure, Criminal Law

Contents:

Introduction to common law, ECHR and Human Rights Act

Abuse of process at the police station

Forums for raising abuse of process

Disclosure

Delay

Non-availability of evidence

Unfair conduct including misconduct, entrapment and double jeopardy

Adverse publicity

Inability to participate

Appendices include:

Home Office Circular 'Cautioning of Adult Offenders'

Code for Crown Prosecutors

Attorney-General's Guidelines on Disclosure

Extracts from CPIA 1996

All criminal courts have a general and inherent power to stay proceedings in order to protect their processes from abuse and to secure fair treatment for defendants. Applications are made on a daily basis in the criminal courts and are frequently used as the basis of later appeals. This is an ever-evolving area of law and Abuse of Process: a practical approach examines and explains the concept of abuse of process and how it operates within the criminal justice system.

It includes all the relevant UK and European case-law as well as an examination of other jurisdictions. It is the only handbook on abuse of process to deal with abuse of process at the police station, breach of PACE Codes and the role of the police station adviser.

Abuse of Process supplements comprehensive coverage of criminal procedure with invaluable tactical guidance, skeleton arguments and reference materials.