Full Description
The fourth edition of Abuse of Process is a practical guide for barristers and solicitors, advising on and litigating abuse of process applications within criminal proceedings. Written by practitioners for practitioners, the judiciary, and students, this book provides the tools for understanding and developing abuse of process arguments. It offers authoritative and comprehensive coverage of abuse of process arguments at all stages of criminal litigation from pre-charge to appellant level, both domestically and internationally including; the pre-charge investigation stage, forums, disclosure, entrapment, delay, loss of evidence, abuse of executive power, adverse publicity, the ability to participate, extradition, and regulatory proceedings.
The fourth edition covers all recent important caselaw decisions, including updates on these specific topic areas;
· Confiscation (R (Kambou) v WGCC [2020] 2 Cr.App.R.28)
· Disclosure (E [2018] EWCA Crim 2426, Hewitt [2020] EWCA Crim 1247, Hamilton [2021] EWCA Crim 577 and Ambrose [2021] EWCA Crim 1443,
· Entrapment (R v TL [2019] 1 Cr.App.R. 1)
· Human trafficking (R v DS [2020] EWCA Crim 285 and R v A [2020] EWCA Crim 1408)
· Jurisdiction (Mansfield v DPP [2021] EWHC 2938 Admin)
· Legitimate expectation (Wokingham BC v Scott [2019] EWCA Crim 205 and R v Walters [2020] EWCA Crim 894)
· Loss of evidence (PK [2019] EWCA Crim 1225, PR v R [2019] EWCA Crim 1225 and R v Bater-James [2020] EWCA Crim 790)
· Private prosecutions (D Limited v A and others [2017] EWCA Crim 1172)
· Unfair conduct (R v Soldier A and C (2020) NICC 6)
Contents
1: Introduction
2: Pre-Charge and Investigation
3: Forums for Raising Abuse of Process
4: Disclosure
5: Entrapment
6: Delay
7: Non-Availability of Evidence
8: Unfair Conduct and Abuse of Executive Power
9: Adverse Publicity
10: Ability to Participate in Criminal Proceedings
11: Extradition
12: Confiscation Proceedings and Civil Recovery
13: Regulatory and Disciplinary Proceedings
14: Tactical and Procedural Considerations
