Abuse of Process and Judicial Stays of Criminal Proceedings

By Andrew L.-T. Choo | Go to book overview

General Editor's Introduction

IN recent years the doctrine of abuse of process has been invoked with increasing frequency in cases of police impropriety, prosecutorial delay and other conduct thought to detract significantly from procedural fairness. The doctrine has developed from case to case in a characteristic common law manner, and this makes it ripe for the kind of detailed and searching review provided here by Dr Andrew Choo. Many of the questions raised -- such as, whether abuse of process should ever lead to an automatic stay of process or always to judicial discretion; when, if there is evidence of police malpractice, this doctrine should apply rather than the court's discretion to exclude evidence -- are of interest to practitioners as well as to academic lawyers. This monograph seeks to advance the cause of legality and 'judicial integrity' by proposing new parameters for the doctrine of abuse of process. It is a most welcome contribution to the series.

Andrew Ashworth

-vii-

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Abuse of Process and Judicial Stays of Criminal Proceedings
Table of contents

Table of contents

  • Title Page iii
  • General Editor's Introduction vii
  • Preface ix
  • Addendum xi
  • Contents xiii
  • Table of Cases xv
  • Table of Statutory Material xxix
  • 1 - The Abuse of Process Discretion and Criminal Justice 1
  • 2 - Prosecutorial Manipulation or Misuse of Process 16
  • 3 - Delay 47
  • 4 - Police Impropriety at the Investigatory Stage 78
  • 5 - Procedural Issues 119
  • 6 - Entrapment 148
  • 7 - Conclusion: Rationalization and Reform 182
  • Bibliography 188
  • Index 205
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