Provides a thorough consideration of the underlying theory of criminal proceedings to analyze the practice of abuse of practice in England and Wales
There is at least one consideration of the doctrine of abuse of process in virtually every major criminal trial today. This fully updated second edition blends doctrinal discussion with theory to provide a comparative analysis of abuse of process and focuses upon the profound impact of the ECHR in this area.
Provides a thorough consideration of the underlying theory of criminal proceedings to analyze the practice of abuse of practice in England and Wales
There is at least one consideration of the doctrine of abuse of process in virtually every major criminal trial today. This fully updated second edition blends doctrinal discussion with theory to provide a comparative analysis of abuse of process and focuses upon the profound impact of the ECHR in this area.
The criminal courts have a power to stop a prosecution from proceeding altogether where it would be inappropriate for it to continue. This power to stay proceedings which constitute an abuse of the process of the court has assumed great practical significance and is potentially applicable in many situations. There is at least one consideration of the abuse of process doctrine in virtually every major criminal trial today.This fullyupdated second edition of Abuse of Process and Judicial Stays of Criminal Proceedings blends doctrinal discussion with a thorough consideration of the underlying theory to provide a searching analysis of thetheory and practice of abuse of process in England and Wales, with comparative examinations of many other jurisdictions including The USA, Canada, Australia, and New Zealand. This edition focuses in particular upon the profound impact of the European Convention on Human Rights in this area.
“'Review from previous edition ...useful material and good critical passages...'British Journal of Criminology”
`Review from previous edition ...useful material and good critical passages...'British Journal of Criminology
Andrew L.-T. Choo is Professor of Law at the University of Warwick and a barrister at Matrix Chambers, London. He is a member of the editorial board of the International Journal of Evidence and Proof.
The criminal courts have a power to stop a prosecution from proceeding altogether where it would be inappropriate for it to continue. This power to stay proceedings which constitute an abuse of the process of the court has assumed great practical significance and is potentially applicable in many situations. There is at least one consideration of the abuse of process doctrine in virtually every major criminal trial today.This fully updated second edition of Abuse of Process and Judicial Stays of Criminal Proceedings blends doctrinal discussion with a thorough consideration of the underlying theory to provide a searching analysis of the theory and practice of abuse of process in England and Wales, with comparative examinations of many other jurisdictions including The USA, Canada, Australia, and New Zealand. This edition focuses in particular upon the profound impact of the European Convention on Human Rights in this area.
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