Young Corker And Summers On Abuse Of Process In Criminal Proceedings

"Setting out the law relating to abuse of process in criminal law, it analyses the underlying issues and draws together the evolving case law on different aspects of abuse of process including delay, breach of promise, the destruction of evidence, non-disclosure, entrapment and extradition. In the last six years there has been a significant amount of new law relevant to the development of abuse of process in criminal proceedings under an evolving definition of abuse of process. - The new edition is fully updated throughout with new chapters and material on: - What is the current definition of an abuse of process? Reviews the evolution of the definition from the Beckford case, through the Maxwell and Warren decisions onto the Crawley and D v A authorities. - Lost Evidence Cases - evolving case law in relation to failures to follow reasonable lines of enquiry in the context of CPS and DPP guidance on investigations into communication evidence. - Non-Disclosure Abuse - probably the most common category of abuse which is argued. The media have recently reported on cases where there were significant disclosure failings by prosecutors leading to the termination of proceedings, but what are the factors judges should consider in deciding whether non-disclosure amounts to abuse of process? - Entrapment abuse - Abuse of process after conviction - is this possible? The authors argue that, given a key objective of the doctrine of abuse of process is to protect the integrity of the criminal justice system, the doctrine should also apply post-conviction. - Is abuse of process in historic sex abuse dead? - In PR v R [2019] EWCA Crim 1225, a Court led by Lord Justice Fulford (the new Vice-President of the CACD) declined to interfere with a trial judge's decision to allow a case of historic sex abuse to proceed, even though the time periods of delay were significant, and the loss of material substantial. - New section in the Procedure Chapter on the making of Abuse Applications in Regulatory Proceedings - Criminal Procedure Rules 2015 - International abuse of process cases from the international courts"--

Abuse of Process in Criminal Proceedings, 4th edition is the essential practitioner's guide to all areas of the law relating to abuse of process in criminal law – including delay, breach of promise, non-disclosure, the destruction of evidence, entrapment, abuses of executive power, and extradition. Both learned and immensely practical, this book provides a thought-provoking analysis of underlying issues and will help you to quickly assimilate and understand the evolving case law on different aspects of abuse of process. The fourth edition has been completely updated to cover: The re-defining of abuse of process by the Warren and Maxwell decisions in the Supreme Court and Privy Council; The Court of Appeal's approach to the new double jeopardy exemption cases in the decisions of Dobson, Celaire and Khatkar; The Downey decision in relation to breach of promise and; many more updates.

David Corker and David Young have combined to produce this essential guide to all areas of the law relating to abuse of process in criminal law - including delay, double jeopardy, breach of process and adverse publicity. The second edition of their much respected text provides new chapters and developments in the law relating to entrapment, extradition and disclosure. The book also incorporates all procedural changes since the first edition, particularly in light of the Auld Report and the impact of the Human Rights Act. In addition, it also provides detailed coverage in the complex area relating to Public Interest Immunity Certificates.

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

David Corker and David Young have combined to produce this guide to all areas of the law relating to abuse of process in criminal law - including delay, double jeopardy, breach of process, adverse publicity and much more. Their book provides the reader with a good knowledge of the principles underlying fairness as covered by the Human Rights Act 1998.

A guide to the powers of the criminal court has to stay proceedings in order to protect its process from abuse and to secure fair treatment for those accused of crime.

The law of human rights permeates every area of law. This title focuses on the impact of human rights law at every stage of the criminal process. It addresses the principal human rights issues that apply during an investigation and prior to a suspect knowing that they are a suspect, powers of arrest and search, and treatment at the police station. It considers every stage of the criminal process, including appeal before the domestic courts and the European Court of Human Rights. Part 1 covers the fundamental principles of the European Convention on Human Rights and the Human Rights Act 1998 and their application in domestic law, particularly in relation to criminal appeals, as well as taking a case to the European Court of Human Rights. Parts 2 to 4 address the three broad phases of a criminal case – investigation, pre-trial and trial – providing an analysis of human rights law as it applies in each phase. This book offers a comprehensive analysis of the often complex interactions between criminal law and human rights; with a wide range of experienced contributors drawn from the legal profession and academia, under the general editorship of Ben Douglas-Jones KC, Daniel Bunting, Paul Mason and Benjamin Newton.

This is a comprehensive guide to challenging decisions of criminal courts and public bodies in the criminal justice system using judicial review. Written by a team of criminal and public law practitioners, it considers claims for judicial review arising in the criminal justice system, which now represent a distinct area of public law. These claims are set apart by special considerations and rules; for example, on the limits of the High Court's jurisdiction or the availability of relief during ongoing proceedings. Criminal practitioners may lack the background to spot public law points. Equally, public law specialists may be unfamiliar with criminal law and types of issues that arise. Criminal Judicial Review is intended as a resource for both. The book deals with the principles, case law, remedies and, the practice and procedure for obtaining legal aid and costs. It will be of assistance to any practitioner preparing or responding to judicial review claims involving the following: - The Police and the Crown Prosecution Service. - Magistrates' courts, the Crown Court and Coroners. - Prisons and the Parole Board. - Statutory bodies such as the Independent Police Complaints Commission and the Legal Aid Agency. - Claimants who are children, young persons or have mental disorders. - The international dimension including extradition proceedings and European Union law. - Practical considerations such as CPR Part 54, remedies, legal aid and costs. From the Foreword by The Rt Hon Lord Judge “The book is offered in clear and simple style, focussing less on esoteric theoretical considerations and more on the practical needs of the practitioner. It brings together materials relating to public law with which a criminal specialist may be less well informed, and material relevant to the criminal justice processes which may not be immediately apparent to the public law specialist. It will assist with the preparation of arguments, and also enable submissions which are unarguable to be discarded. It will therefore provide valuable guidance in this broad and developing area of practice.”