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Setting out the whole spectrum of circumstances where abuse of process is litigated in criminal law, barrister David Young and his co-authors use their wealth of experience in the UK and international courts to identify and describe the many different strands of the abuse jurisdiction.
The authors provide you with a thorough understanding of the different forms of abuse of process, in areas such as lost evidence, delay, abuse of executive power, entrapment, extradition, double jeopardy and breach of promise. Additionally, the new edition features the first published chapter on abuse of process in International criminal proceedings, for those working in international criminal law.
This Fifth Edition is updated to include:
- New case law on prosecution disclosure failings in the context of abuse of process, and the courts approach to unavailable evidence in R v PR, Hamilton v PO, and R v E
- An Entrapment chapter analysing the Syed (Haroon) decision on ECHR jurisprudence post Looseley, and the potential for abuse of process in cases of private entrapment
- Abuse of power by the Executive's key Norman decision which sets out the law comprehensively
- The developing abuse case law on private prosecutions, reviewing cases where prosecutors may hold improper motives for bringing private prosecutions
- Detailed analysis of the abuse jurisdiction in extradition proceedings in Jasvins v General Prosecutor's Office Latvia
- New Guidance on challenging interlocutory decisions by judicial review in Parashar, and analysis of R v Asiedu on defence appeals following guilty pleas
- The revised Attorney General's Guidelines on Disclosure 2020 and the CPIA Code of Practice
List of contents
1.Delay
2. Breach of promise
3. The loss or destruction of evidence
4. Miscellaneous abuse
5. Abuse of power by the executive
6. Entrapment
7. Double jeopardy
8. Extradition proceedings
9. Pre-trial publicity
10. Procedural considerations
11. Confiscation proceedings
12. Abuse of process doctrine in international criminal proceedings
APPENDICES
About the author
David Young is a specialist criminal law barrister with expertise in international criminal law. He is an appointed Lead Defence Counsel in the Hague's Specialist Kosovo Chambers, and has significant experience before the international courts. In the UK he defends in, and advises upon, cases across a wide range of criminal and regulatory offences. He is a barrister from Red Lion Chambers, London.
Summary
Setting out the whole spectrum of circumstances where abuse of process is litigated in criminal law, barrister David Young and his co-authors use their wealth of experience in the UK and international courts to identify and describe the many different strands of the abuse jurisdiction.
The authors provide you with a thorough understanding of the different forms of abuse of process, in areas such as lost evidence, delay, abuse of executive power, entrapment, extradition, double jeopardy and breach of promise. Additionally, the new edition features the first published chapter on abuse of process in International criminal proceedings, for those working in international criminal law.
This Fifth Edition is updated to include:
- New case law on prosecution disclosure failings in the context of abuse of process, and the courts approach to unavailable evidence in R v PR, Hamilton v PO, and R v E
- An Entrapment chapter analysing the Syed (Haroon) decision on ECHR jurisprudence post Looseley, and the potential for abuse of process in cases of private entrapment
- Abuse of power by the Executive’s key Norman decision which sets out the law comprehensively
- The developing abuse case law on private prosecutions, reviewing cases where prosecutors may hold improper motives for bringing private prosecutions
- Detailed analysis of the abuse jurisdiction in extradition proceedings in Jasvins v General Prosecutor’s Office Latvia
- New Guidance on challenging interlocutory decisions by judicial review in Parashar, and analysis of R v Asiedu on defence appeals following guilty pleas
- The revised Attorney General’s Guidelines on Disclosure 2020 and the CPIA Code of Practice
