Abuse of Process: A Practical Approach 3rd ed
Published: February 2017
Publisher: Oxford University Press
Country of Publication: UK
The 3rd edition of this leading text examines, from a practitioner's point of view, the concept of abuse of process and how it operates within criminal and extradition proceedings.
This title deals with the different procedural and factual situations that give rise to an abuse of process, covering the whole of criminal litigation, from pre-charge advisory stage to appellant level. A number of different topics are examined from a case law perspective; covering disclosure, entrapment, delay, loss of evidence, abuse of executive power, adverse publicity, ability to participate.
Skeleton arguments are included for practical assistance.
The third edition covers all recent important case law decisions, updating specific topic areas:
- Case management (R v Boardman  EWCA Crim 175)
- Post-trial abuse (Tague  EWHC 3576(Admin))
- Illegally obtained evidence (Public Prosecution Service of Northern Ireland v Elliott  UKSC 32)
- Linked civil proceedings (Clayton  2 Cr App R 20)
- Disclosure Herbert Austin  EWCA Crim 1028,(S)D and S(T)  2 Cr.App.R.27)
- Entrapment (Wilson v The Queen  NZSC 189) and Palmer  Crim L R 153)
- Delay and serious specific prejudice to a fair trial (R  EWCA Crim 1941)
- Destruction and retention of evidence (DPP v Petrie  EWCA 48 (Admin); Spalluto  EWHC 2211 (Admin)
- Local authority prosecutions (Clayton  EWCA Crim 1030)
- Special measures (OP  EWHC 1944 (Admin)
- Legal representation (Crawley  EWCA Crim 1028)