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