
Abuse of Process
Colin Wells(Author)
Oxford University Press
3rd Edition
Published on 9. February 2017
Book
Paperback/Softback
360 pages
978-0-19-878604-7 (ISBN)
Description
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)
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)
Reviews / Votes
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 *More details
Edition
3rd Revised edition
Language
English
Place of publication
Oxford
United Kingdom
Target group
College/higher education
Edition type
Revised edition
Dimensions
Height: 247 mm
Width: 169 mm
Thickness: 19 mm
Weight
620 gr
ISBN-13
978-0-19-878604-7 (9780198786047)
Copyright in bibliographic data and cover images is held by Nielsen Book Services Limited or by the publishers or by their respective licensors: all rights reserved.
Schweitzer Classification
Person
Colin Wells is a criminal defence barrister of 28 years experience at 25 Bedford Row. His practice ranges from pre-charge criminal advisory, criminal defence work (specialising in Fraud, Money Laundering, Confiscation and related Regulatory Proceedings), Criminal Cost Appeals to Claimant civil actions against the Police and Prison Service - advisory, pleadings and trial representation. Chambers and Partners UK legal directory describes him as "the go-to person on
abuse of process matters".
abuse of process matters".
Content
APPENDICES