Abuse of Process

Second Edition

By Colin Wells

This practical guide examines the concept of abuse of process and how it operates within the UK's criminal justice system. The book 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. It also includes an examination of key judgments from Strasbourg and the Supreme Courts of the US, Canada, Australia, and New Zealand. 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 UK's Criminal Procedure and Investigations Act 1996. This second edition covers all recent changes to UK 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 Youth Court.

426 pages

Publication Date: 5/14/2011
Format: Paper
ISBN: 9781846612299