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Abuse Of Process And Judicial Stays Of Criminal Proceedings

Author: Andrew L.-T. Choo
Publisher: Oxford University Press, USA
ISBN: 9780199280834
Size: 47.42 MB
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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.

Abuse Of Process In Criminal Proceedings

Author: David Young
Publisher: Bloomsbury Professional
ISBN: 9781780432175
Size: 75.91 MB
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Abuse of Process in Criminal Proceedings is a much respected text and is an essential guide to all areas of UK law relating to abuse of process in criminal law, including delay, double jeopardy, breach of promise, and adverse publicity. Immensely practical, this fourth edition provides a thought-provoking analysis of underlying issues and will help the reader to quickly assimilate and understand the evolving UK case law on different aspects of abuse of process. The book includes a new chapter on international abuse with a comparative analysis based on the authors' research and findings while at the Hague. It has been fully updated to cover case law on extradition abuse and abuse of executive power, and it includes coverage of the impact of the Levinson Enquiry.

Human Rights And Criminal Procedure

Author: Jeremy McBride
Publisher: Council of Europe
ISBN: 9789287166890
Size: 60.76 MB
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This handbook is intended to assist judges, lawyers and prosecutors to take account of the many requirements of the European Convention on Human Rights - both explicit and implicit - for the criminal process when interpreting and applying Codes of Criminal Procedure and comparable or related legislation. It does so through extracts from key rulings of the European Court of Human Rights and the former European Commission of Human Rights dealing with complaints about violations of Convention rights and freedoms in the course of the investigation, prosecution and trial of alleged offences, as well as in the course of appellate and various other proceedings linked to the criminal process. The extracts are significant not only because the mere text of the Convention is insufficient to indicate the scope of what is entailed by it but also because the circumstances of the cases selected give a sense of how to apply the requirements in concrete situations.

The Nature Of The Judicial Process

Author: Benjamin N. Cardozo
Publisher: Courier Corporation
ISBN: 048616554X
Size: 74.75 MB
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In this legal classic, a former Associate Supreme Court Justice explains the conscious and unconscious processes by which a judge decides a case and the ways rulings are guided and shaped.

Abuse Of Process

Author: Colin Wells
ISBN: 9780198786047
Size: 46.61 MB
Format: PDF, Kindle
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The 3rd edition of this leading text examines, from a practitioner's point of view, the concept of abuse of process and how it operates within criminal and extradition proceedings. This title deals with the different procedural and factual situations that give rise to an abuse of process,covering the whole of criminal litigation, from pre-charge advisory stage to appellant level. A number of different topics are examined from a case law perspective; covering disclosure, entrapment, delay, loss of evidence, abuse of executive power, adverse publicity, ability to participate. Skeletonarguments are included for practical assistance.The third edition covers all recent important case law decisions, updating specific topic areas:* Case management (R v Boardman [2015] EWCA Crim 175)* Post-trial abuse (Tague [2015] EWHC 3576(Admin))* Illegally obtained evidence (Public Prosecution Service of Northern Ireland v Elliott [2013] UKSC 32)* Linked civil proceedings (Clayton [2014] 2 Cr App R 20)* Disclosure Herbert Austin [2013] EWCA Crim 1028,(S)D and S(T) [2015] 2 Cr.App.R.27)* Entrapment (Wilson v The Queen [2015] NZSC 189) and Palmer [2015] Crim L R 153)* Delay and serious specific prejudice to a fair trial (R [2015] EWCA Crim 1941)DT Destruction and retention of evidence (DPP v Petrie [2015] EWCA 48 (Admin); Spalluto [2015] EWHC 2211 (Admin)* Local authority prosecutions (Clayton [2014] EWCA Crim 1030)* Special measures (OP [2014] EWHC 1944 (Admin) * Legal representation (Crawley [2014] EWCA Crim 1028)

The Integrity Of Criminal Process

Author: Jill Hunter
Publisher: Hart Publishing
ISBN: 9781509926411
Size: 76.57 MB
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Criminal proceedings, it is often now said, ought to be conducted with integrity. But what, exactly, does it mean for criminal process to have, or to lack, 'integrity'? Is integrity in this sense merely an aspirational normative ideal, with possibly diffuse influence on conceptions of professional responsibility? Or is it also a juridical concept with robust institutional purchase and enforceable practical consequences in criminal litigation? The 16 new essays contained in this collection, written by prominent legal scholars and criminologists from Australia, Hong Kong, the UK and the USA, engage systematically with - and seek to generate further debate about - the theoretical and practical significance of 'integrity' at all stages of the criminal process. Reflecting the flexibility and scope of a putative 'integrity principle', the essays range widely over many of the most hotly contested issues in contemporary criminal justice theory, policy and practice, including: the ethics of police investigations, charging practice and discretionary enforcement; prosecutorial independence, policy and operational decision-making; plea bargaining; the perils of witness coaching and accomplice testimony; expert evidence; doctrines of admissibility and abuse of process; lay participation in criminal adjudication; the role of remorse in criminal trials; the ethics of appellate judgment writing; innocence projects; and state compensation for miscarriages of justice.

The Protest Handbook

Author: Tom Wainwright
Publisher: A&C Black
ISBN: 1847669816
Size: 51.65 MB
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The Protest Handbook outlines protesters rights and the limits of police powers in one single, easily accessible source.

The Drugs Offences Handbook

Author: Tim Moloney QC
Publisher: Bloomsbury Professional
ISBN: 9781780436630
Size: 21.65 MB
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The Drugs Offences Handbook is a detailed and practical exposition of the law relating to drugs offences, together with a focussed and concise analysis of evidential and litigation issues that relate to drugs cases. Comprehensive in its approach, with detailed coverage of statutes and authorities that practitioners would expect from a specialist work, but presented in an accessible and practical manner. The Drugs Offences Handbook covers three main areas: Offences, Evidence and Post-Convictions. Offences: Includes detailed coverage and commentary of all relevant authorities and statutory provisions. Evidence: Includes coherent and succinct coverage of expansive areas of law, and provides the reader with sufficient detail in the vast majority of cases, and in any commonplace exploration of the law relating to illegal drugs. Post-Conviction: Provide the most comprehensive coverage possible of case law surrounding the Sentencing Council guidelines and also includes chapters on confiscation and forfeiture. Contents: Introduction; Manufacture and Cultivation; Importation; Possession; Supply; Occupiers of Premises; Conspiracy and Cross-Jurisdictional Offences; Search and Seizure; Covert Evidence [including police experts]; Forensic Evidence; Sentencing; Confiscation and Forfeiture. Includes the following legislation and case law: Drug Trafficking Act 1994; Proceeds of Crime Act 2002; Drugs Act 2005; Police Reform and Social responsibility Act 2011; Sentencing Council Guidelines for Drugs Offences; R v Hussain (Shabbir) [2010] 2 Cr.App.R.11,CA; R v Green [2010] Crim.L.R.306, CA; R.v Wright [2011] 2 Cr.App.R.15, CA.

Human Rights In Criminal Proceedings

Author: Stefan Trechsel
Publisher: Oxford University Press, USA
ISBN: 9780199271207
Size: 50.14 MB
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During the last 50 years interest in human rights has grown dramatically. Whilst newspapers focus mainly on dramatic issues: unlawful killing, torture, disappearances, or violations of freedom of speech; institutions charged with the implementation of human rights (as set out in international conventions and covenants) most frequently deal with allegations of human rights violations during criminal proceedings. The increasing internationalization of the administration of criminal law means that such cases are likely to become ever more important. In this book, the case-law of the international bodies dealing with such cases is presented and critically examined by an author who has contributed to its creation for almost a quarter of a century. The European Commission and European Court of Human Rights, in particular, have accumulated a considerable quantity of case-law, which is particularly interesting because it is intended to be valid in both Anglo-Saxon and Continental systems of criminal procedure.The law of the European Convention is emphasized because of its advanced procedures and the quality and quantity of its case-law. The book will be of interest to all scholars, practitioners, and students of international criminal law.