Details
The fourth edition of Abuse of Process is a practical guide for barristers and solicitors, advising on and litigating abuse of process applications within criminal proceedings. Written by practitioners for practitioners, the judiciary, and students, this book provides the tools for understanding and developing abuse of process arguments. It offers authoritative and comprehensive coverage of abuse of process arguments at all stages of criminal litigation from pre-charge to appellant level, both domestically and internationally including; the pre-charge investigation stage, forums, disclosure, entrapment, delay, loss of evidence, abuse of executive power, adverse publicity, the ability to participate, extradition, and regulatory proceedings.
The fourth edition covers all recent important caselaw decisions, including updates on these specific topic areas:
- Confiscation (R (Kambou) v WGCC [2020] 2 Cr.App.R.28)
- Disclosure (E [2018] EWCA Crim 2426, Hewitt [2020] EWCA Crim 1247, Hamilton [2021] EWCA Crim 577 and Ambrose [2021] EWCA Crim 1443,
- Entrapment (R v TL [2019] 1 Cr.App.R. 1)
- Human trafficking (R v DS [2020] EWCA Crim 285 and R v A [2020] EWCA Crim 1408)
- Jurisdiction (Mansfield v DPP [2021] EWHC 2938 Admin)
- Legitimate expectation (Wokingham BC v Scott [2019] EWCA Crim 205 and R v Walters [2020] EWCA Crim 894)
- Loss of evidence (PK [2019] EWCA Crim 1225, PR v R [2019] EWCA Crim 1225 and R v Bater-James [2020] EWCA Crim 790)
- Private prosecutions (D Limited v A and others [2017] EWCA Crim 1172)
- Unfair conduct (R v Soldier A and C (2020) NICC 6)
1: Introduction, Rudi Fortson QC
2: Pre Charge and Investigation, Colin Wells and Mark Jones
3: Forums for raising abuse of process, Colin Wells and Emma Stuart Smith
4: Disclosure, Colin Wells and Tom Price QC
5: Entrapment, Colin Wells
6: Delay, Colin Wells
7: Non-availability of evidence, Colin Wells
8: Unfair Conduct, abuse of executive power, Colin Wells
9: Adverse publicity, Colin Wells
10: Ability to Participate in Criminal Proceedings, Kris Gledhill
11: Extradition, Rebecca Niblock
12: Confiscation proceedings and civil recovery, Colin Wells and Nathaniel Rudolf
13: Tactical and procedural considerations, Colin Wells
Appendices
Skeleton Arguments
Colin Wells
Barrister, 25 Bedford Row
Contributors
Paul Hynes QC
Barrister, 25 Bedford Row
Carolyn Robson
Barrister
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
"all recent changes to the law are cited in this new edition...If your professionally involved in this aspect of criminal law, you definitley need the latest edition of this definitive work...with its useful resources section and extensive index, this valuble guide deserves pride of place in your professional library"
Phillip Taylor MBE
"Having been involved in high level investigations for numerous years, I find this book an invaluable tool to have. It sits at the side of my desk and is a fantastic tool ensuring my cases don't 'fall down' at court due to
errors at the basic investigation level. It covers the points in a clear concise format with good use of case-law. It also helps to further my knowledge on the angles where the defence may contest issues."
Detective Constable, West Midlands Police
