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Young, Corker and Summers on Abuse of Process in Criminal Proceedings 5th ed


ISBN13: 9781526515162
Previous Edition ISBN: 9781780432175
To be Published: January 2022
Publisher: Bloomsbury Professional
Country of Publication: UK
Format: Paperback
Price: £90.00



Setting out the law relating to abuse of process in criminal law, it analyses the underlying issues and draws together the evolving case law on different aspects of abuse of process including delay, breach of promise, the destruction of evidence, nondisclosure, entrapment and extradition. In the last six years there has been a significant amount of new law relevant to the development of abuse of process in criminal proceedings under an evolving definition of abuse of process.

The new edition is fully updated throughout with new chapters and material on:

  • What is the current definition of an abuse of process? Reviews the evolution of the definition from the Beckford case, through the Maxwell and Warren decisions onto the Crawley and D v A authorities
  • Lost Evidence Cases - evolving case law in relation to failures to follow reasonable lines of enquiry in the context of CPS and DPP guidance on investigations into communication evidence Entrapment abuse
  • Abuse of process after conviction - is this possible? The authors argue that, given a key objective of the doctrine of abuse of process is to protect the integrity of the criminal justice system, the doctrine should also apply post-conviction
  • Is abuse of process in historic sex abuse dead? - In PR v R [2019] EWCA Crim 1225, a Court led by Lord Justice Fulford (the new Vice-President of the CACD) declined to interfere with a trial judge’s decision to allow a case of historic sex abuse to proceed, even though the time periods of delay were significant, and the loss of material substantial
  • New section in the Procedure Chapter on the making of Abuse Applications in Regulatory Proceedings
  • Criminal Procedure Rules 2015
  • International abuse of process cases from the international courts

Subjects:
Criminal Law, Police and Public Order Law, Courts and Procedure
Contents:
1.Delay
2. Breach of promise
3. The loss or destruction of evidence
4. Miscellaneous abuse
5. Abuse of power by the executive
6. Entrapment
7. Double jeopardy
8. Extradition proceedings
9. Pre-trial publicity
10. Procedural considerations
11. Confiscation proceedings
12. Abuse of process doctrine in international criminal proceedings
APPENDICES

Series: Criminal Practice Series

Confiscation Law Handbook 2nd ed ISBN 9781784514235
To be published September 2022
Bloomsbury Professional
£90.00
The Protest Handbook 2nd ed ISBN 9781526514004
Published November 2020
Bloomsbury Professional
£60.00