Abuse of Process and Judicial Stays of

The criminal courts have the 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 in this area.

Andrew L.-T. Choo is Professor of Law at the University of Warwick and a barrister at Matrix Chambers, London. He is a member of the editorial board of the International Journal of Evidence and Proof.

Table of Cases	p. xv
Table of Legislative Material	p. xxv
The Abuse of Process Doctrine and Criminal Justice	p. 1
The Origins and Development of the Abuse of Process Doctrine	p. 2
The Abuse of Process Doctrine in Criminal Litigation	p. 6
Entrenchment of the Doctrine in the Criminal Sphere	p. 6
The Nature of a Stay	p. 8
Broader Perspectives	p. 9
Aspects of Criminal Justice	p. 12
The Law on Abuse of Process: A Brief Introduction	p. 18
Human Rights Considerations	p. 19
Prosecutorial Manipulation or Misuse of Process	p. 21
Double Jeopardy	p. 21
The Rationale	p. 21
The Scope of the Pleas in Bar	p. 24
First Exception to the Plea of Autrefois Acquit	p. 34
Second Exception to the Plea of Autrefois Acquit	p. 35
The Abandonment of Issue Estoppel	p. 36
Application of the Abuse of Process Doctrine	p. 40
The European Convention on Human Rights	p. 52
Is Reform Necessary?	p. 54
Further Instances of Manipulation or Misuse	p. 56
Circumvention of Time Limits and Improper Prosecutorial Motives	p. 56
Repeated Committal Proceedings	p. 60
'Deprivation' of Right to a Particular Type of Trial	p. 61
Improper Consideration of Criteria for Prosecution	p. 62
Jurisdictional Issues	p. 63
Promises and Assurances	p. 64
Issue of Summonses Alleging Perjury at Committal Proceedings by Potential Witnesses	p. 68
Private Prosecutions	p. 69
Delay, Lost or Destroyed Evidence, and Adverse Publicity	p. 71
Delay	p. 71
Statutory Provisions	p. 71
Code for Crown Prosecutors	p. 76
Application of the Abuse of Process Doctrine	p. 77
A 'Residual Discretion' in the Court of Appeal?	p. 79
Directions to the Jury	p. 80
The Right to be Tried 'within a Reasonable Time'	p. 84
Statutory Provisions in the United States	p. 88
Delay and Abuse of Process: The Need for Greater Clarity and Coherence	p. 90
Lost or Destroyed Evidence	p. 96
Cases involving Evidence other than CCTV Evidence	p. 98
Cases involving CCTV Evidence	p. 100
Analysis	p. 101
Adverse Publicity	p. 103
Police Misconduct at the Investigatory Stage	p. 106
The Possible Rationales	p. 106
Disguised Extradition	p. 113
The Implications of the European Convention on Human Rights	p. 123
Rv Grant	p. 127
The Position in Canada	p. 129
Conclusion	p. 132
Entrapment	p. 133
No Defence of Entrapment in England and Wales	p. 134
The European Court of Human Rights	p. 135
The Contemporary Approach in England and Wales	p. 138
Authorization of Undercover Operations	p. 138
Application of the Abuse of Process Doctrine	p. 138
Entrapment and Abuse of Process: Some Observations	p. 148
Procedural Issues	p. 155
The Concept of Judicial Discretion	p. 155
Interpretation 1: Totally Unfettered Power	p. 156
Interpretation 2: Open-Texturedness	p. 156
Burden and Standard of Proof	p. 166
Consideration of Abuse of Process Applications	p. 168
Abuse of Process Applications in the Crown Court	p. 170
Notice and Skeleton Arguments	p. 170
Appeals to the Court of Appeal	p. 170
No Judicial Review	p. 178
Abuse of Process Applications in Magistrates' Courts	p. 180
Jurisdiction	p. 180
Case Stated and Judicial Review	p. 183
Grounds for Overturning the Exercise of Discretion	p. 183
Appeal from Magistrates' Court to Crown Court	p. 184
Conclusion	p. 186
Practice Direction IV.36	p. 192
Bibliography	p. 194
Index	p. 205
Table of Contents provided by Ingram. All Rights Reserved.

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Abuse of Process and Judicial Stays of Criminal Proceedings

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