By Andrew L.-T. Choo
This study presents a fresh perspective on judicial stays of criminal proceedings by examining discretion in the context of the law of criminal evidence. Previously, evidence scholars have demonstrated that every exclusionary rule and discretion in the law of criminal evidence can be explained in reference to the protection of the innocent from wrongful conviction and/or the protection of the moral integrity of the criminal process. Dr. Choo persuasively argues that the judicial discretion to stay criminal proceedings should be viewed in the same way. He examines the English law on the topic and also the way it is approached in other countries including Canada, Australia, and the United States.