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
Author Biography:
General Editor: David Young. David is a specialist criminal law barrister with expertise in international criminal law. He is an appointed Lead Defence Counsel in the Hague’s Specialist Kosovo Chambers, and has significant experience before the international courts. In the UK he defends in, and advises upon, cases across a wide range of criminal and regulatory offences. He is a barrister from Red Lion Chambers, London.
The team will comprise a number of barristers from Red Lion Chambers including:
Riel Karmy-Jones KC - Riel is ranked in the Legal 500 in tier 1 for crime, her principal area of practice. She was nominated for “Crime Silk of the year” in 2019 by the Legal 500. Her work includes murder, serious organised crime, and sexual offences, particularly cases involving vulnerable witnesses. She is a contributor to Archbald.
David Claxton - David is ranked as a leading junior in the 2017 edition of Legal 500 in the practice areas Business Crime, Regulatory Crime and Global Investigations and Criminal Fraud.
Noel Casey - Noel is an experienced practitioner in criminal law and has conducted trials of homicide, rape, historic sexual abuse, drugs/people trafficking, serious violence, serious fraud, and has taken instructions as a leading junior. Noel also sits as a Recorder on the Western Circuit.
Aimee Riese - Aimee provides advice and representation in criminal and public law cases. She has appeared in cases involving serious violence (violent disorder, offensive weapons, “acid attacks”, domestic abuse and grievous bodily harm), fraud, sex, drugs, and proceeds of crime.
Tom Davies - Tom prosecutes and defends in the Crown Court and the magistrates’ court in the full spectrum of offences, including cases involving dishonesty, drugs, driving offences, offences of violence and sexual offences.
Laura Miller - Laura is regularly instructed in relation to complex and serious cases, including murder, serious violence, modern slavery, large scale drug conspiracies, fraud and sexual offending.
In addition, Sarah Bafadhel of 9 Bedford Row will also contribute to this edition on the international aspects, as she has done previously. Sarah specialises in international criminal law, public international law and human rights law. She has represented clients in high-profile and complex cases before international and regional courts and tribunals, resulting in landmark decisions which have developed international law.
