Abuse of Process examines the concept of abuse of process and how it operates within the criminal justice system.  This practical guide deals with the practicalities of how to make applications to stay proceedings on the basis that an abuse of process has occurred.  It deals with abuse of process relating to the proper procedure of suspects detained at a police station, the disclosure of documents, delay and the preparation of cases generally, and also includes an examination of key judgments from Strasbourg and the Supreme courts of Australia, New Zealand, Canada and the US.

The Appendices contain a number of expertly-drafted skeleton arguments as well as key materials including Attorney General’s Guidance on Disclosure, Code for Crown Prosecutors and Code of Practice under Part II of the Criminal Procedure and Investigations Act 1996.

This new edition covers all recent changes to the law including leading judgments such as Mc E v Prison Service of Northern Ireland [2009] UKHL 15, R v Hamza [2007] Crim LR 320, and Spiers v Ruddy [2007] UKPC D2, as well as a new section on Youth Court.

This is essential reading for all criminal solicitors and barristers.

• Abuse of process at the police station
• Forums for raising abuse of process
• Disclosure
• Factors to be considered
• Delay
• Non-availability of evidence
• Unfair Conduct
• Adverse publicity
• Inability to participate
• Tactical and procedural considerations
• Appendices

Colin Wells
Barrister, 25 Bedford Row

Contributors

Paul Hynes QC
Barrister, 25 Bedford Row

Carolyn Robson
Barrister; Serious Organised Crime Agency

Kris Gledhill
Barrister

Nev Niyazi
Senior Partner, McKenzies Solicitors

“the analysis throughout is tight and regularly infused with original practical scenarios”                          
CRIMINAL LAW REVIEW

“a great addition to the chambers”    
THE BARRISTER