Abuse of Process and Judicial Stays of Criminal Proceedings

Abuse of Process and Judicial Stays of Criminal Proceedings

Abuse of Process and Judicial Stays of Criminal Proceedings

Abuse of Process and Judicial Stays of Criminal Proceedings

Synopsis

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.

Excerpt

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 DrAndrew 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 . . .

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