Abuse of Process and Judicial Stays of Criminal Proceedings

By Andrew L.-T. Choo | Go to book overview
Index
ABSCAM 150
abuse of process discretion:
entrenchment in criminal sphere 4-7
meaning 1
acquittal:
of accomplice in separate trial 40
distinguished from stay 7
alternative verdicts, power of juries to return 20-1
alternatives to a stay 77, 183-4
appeal to Court of Appeal:
mechanics 136-7
overturning exercise of discretion, grounds for 138-40
Attorney-General's references 136-7
autrefois acquit, see pleas in bar
autrefois convict, see pleas in bar
Blockburger test 26-7
civil proceedings, abuse of process discretion in 2-4
committal proceedings, repetition of 44
conspiracy, prosecution for 28, 33
contempt of court 2
conviction, consequences of 11
criminal justice:
aspects of 10-14
behavioural aspect of 10-11
moral dimension of 13
public dimension of 13
repute of 101-3
Crown Prosecution Service 9
delay:
abuse of process discretion 52-7
Code for Crown Prosecutors 52
European Convention on Human Rights 51
impropriety of delay, determination of 69-70
Jamaica55-6
Mauritius55, 65
reform proposals 68-77
statutory provisions 47-51, 77
see also delay, Canadian position on; delay, US position on
delay, Canadian position on:
length of delay 66
pre-charge and post-charge delay distinguished 67-8
prejudice to accused 67
rationale for right to trial within a
reasonable time 66
reasons for delay 67
time periods, waiver of 66-7
delay, US position on:
due process 61-2
speedy trial, right to: assertion of right 59-60; 'attachment' of right 57-8; length of delay 58-9; prejudice to defendant 60-1; reason for delay 59
statutory provisions 62-4
DeLorean, John150
Director of Public Prosecutions 9
discontinuation of proceedings by executive 9-10
discretion:
advantages and disadvantages 121-3
arbitrariness 123-4
checking of 129, 185-6
confining of 126-7, 184-5
consistency 124
distinguished from rules 121-2
equality of treatment 125
fairness 125-6
general standards 124
guide-lines 127-9
meaning 120-1
open-texturedness 120-1
predictability 125
rationality 124
structuring of 127-9, 185
discretion, prosecutorial 7, 150
double jeopardy, rule against:
abuse of process discretion, exercise of 4-6, 32-41
Draft Criminal Code 24-6
rationale for 16-18
reform 41-2
United States26-8
See also issue estoppel; pleas in bar
Dreistufentheorie90
entrapment:
abuse of process discretion and 167
Australia166
Canada163-4
definition 148
exclusion of evidence and 153-4, 164-7
Home Office circular 150
Law Commission 150

-205-

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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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