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Synopsis
The 3rd edition of this leading text examines, from a practitioner's point of view, the concept of abuse of process and how it operates within criminal and extradition proceedings. This title deals with the different procedural and factual situations that give rise to an abuse of process, covering the whole of criminal litigation, from pre-charge advisory stage to appellant level. A number of different topics are examined from a case law perspective; covering
disclosure, entrapment, delay, loss of evidence, abuse of executive power, adverse publicity, ability to participate. Skeleton arguments are included for practical assistance.
The third edition covers all recent important case law decisions, updating specific topic areas:
* Case management (R v Boardman [2015] EWCA Crim 175)
* Post-trial abuse (Tague [2015] EWHC 3576(Admin))
* Illegally obtained evidence (Public Prosecution Service of Northern Ireland v Elliott [2013] UKSC 32)
* Linked civil proceedings (Clayton [2014] 2 Cr App R 20)
* Disclosure Herbert Austin [2013] EWCA Crim 1028,(S)D and S(T) [2015] 2 Cr.App.R.27)
* Entrapment (Wilson v The Queen [2015] NZSC 189) and Palmer [2015] Crim L R 153)
* Delay and serious specific prejudice to a fair trial (R [2015] EWCA Crim 1941)
* Destruction and retention of evidence (DPP v Petrie [2015] EWCA 48 (Admin); Spalluto [2015] EWHC 2211 (Admin)
* Local authority prosecutions (Clayton [2014] EWCA Crim 1030)
* Special measures (OP [2014] EWHC 1944 (Admin)
* Legal representation (Crawley [2014] EWCA Crim 1028)
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What Reviewers Are Saying
This is the third edition of this excellent book and remains the essential guide to the relevant principles and case-law ... The "Abuse" procedure remains a valuable check and balance on the integrity of the Justice system, and this remains a "must-have" text for the conscientious practitioner. * Greg Foxsmith, London Criminal Courts Solicitor's Association * The analysis throughout is tight and regularly infused with original practical scenarios * Criminal Law Review * All important UK cases are included, as well as a number from other jurisdictions, but what really sets this work apart is an all too rare combination of detailed expert analysis, alongside practical considerations. This is a book written by a practitioner for practitioners * Andrew Keogh, CrimeLine * The "must-have text" for the conscientious practitioner * Greg Foxsmith, London Criminal Courts Solicitors' Association * The essential reading for criminal trial advocates * @CrimBarrister * A great addition to the chambers library * The Barrister *