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
