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The Boundaries of Abuse of Process in Criminal Trials

Rogers, J; (2008) The Boundaries of Abuse of Process in Criminal Trials. In: O'Cinneide, C and Holder, J, (eds.) Current Legal Problems, vol 61 (2008). (289 - 323). Oxford University Press

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Abstract

I argued that there are two plausible ways to rationalise the power o a judge to stay criminal proceedings even where there is cogent evidence of the guilt of the accused. But either theory requires the prosecutor or other agent of the state to have facilitated the prosecution by having acted wrongly. I then detailed four different types of "wrongful" behaviour, pointed out some recurrent constitutional problems in applying these four categories. I also criticised an isolated House of Lords decision where abuse of process was casually assumed to apply even when the prosecutor could not be criticised for bringing the case.

Type:Book chapter
Title:The Boundaries of Abuse of Process in Criminal Trials
ISBN-13:978-0-19-928539-6
Additional information:This is the first (and so far, the only) work where it is argued where the boundaries of abuse of process ought to be.
Keywords:abuse of process, discretion, malice, manipulation, misconduct, legitimate expectations, constitutional challenges
UCL classification:UCL > School of Arts and Social Sciences > Faculty of Laws

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