Full Description
Abuse of Process examines the concept of abuse of process and how it operates within the criminal justice system. This guide deals with the practicalities of how to make applications to stay proceedings on the basis that an abuse of process has occurred. It deals with abuse of process relating to the proper procedure of suspects detained at a police station, the disclosure of documents, delay and the preparation of cases generally, and also includes an examination of key judgments from Strasbourg and the Supreme courts of Australia, New Zealand, Canada and the US. This new edition covers all recent changes to the law including leading judgments such as Mc E v Prison Service of Northern Ireland [2009] UKHL 15, R v Hamza [2007] Crim LR 320, and Spiers v Ruddy [2007] UKPC D2, as well as a new section on the Inability to Participate. The appendices contain a number of expertly-drafted skeleton arguments as well as key materials including Attorney General's Guidance on Disclosure, Code for Crown Prosecutors and Code of Practice under Part II of the Criminal Procedure and Investigations Act 1996. With practical and tactical advice this is essential reading for all criminal solicitors, barristers, judiciary and police.
Contents
Foreword by Rudi Fortson QC Preface Table of Cases Table of Statutes Table of Statutory Instruments Table of European Material Table of International Material Table of Codes of Practice Introduction Abuse of Process at the Police Station Forums for Raising Abuse of Process Disclosure Entrapment Delay Non-Availability of Evidence Unfair Conduct, Abuse of Executive Power Adverse Publicity Ability to Participate in Criminal Proceedings Tactical and Procedural Considerations Appendix A Home Office Circular 016/2008: Simple Cautioning - Adult Offenders 269 Appendix B The Code for Crown Prosecutors Appendix C Attorney General's Guidelines on Disclosure Appendix D Criminal Procedure and Investigations Act 1996 (s 23(1)) Code of Practice under Part II Appendix E Schematic overview of the disclosure process Appendix F Skeleton Arguments Appendix G Resources Index
