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Abuse of Process

by Colin Wells

A practitioner-focused guide to abuse of process in criminal litigation

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Hardcover New English

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AlbakiReads Editorial

A practitioner-focused guide to abuse of process in criminal litigation

Now in its fourth edition, Colin Wells’s reference work maps abuse of process arguments across the life of criminal proceedings, from pre-charge investigation through appeal. It brings together procedural issues that can shape such applications, including disclosure, entrapment, delay, lost evidence, executive conduct, adverse publicity, participation, extradition, and regulatory matters. The coverage extends to domestic and international contexts, while the updated edition incorporates recent case-law developments in areas such as confiscation, human trafficking, jurisdiction, legitimate expectation, private prosecutions, and unfair conduct. Its practical orientation makes the book a focused resource for building and assessing arguments within criminal litigation.

Good fit for readers who enjoy

  • Barristers and solicitors handling criminal proceedings
  • Judicial professionals and law students studying criminal procedure
  • Practitioners researching abuse of process applications and recent case law

Themes

Criminal procedureAbuse of processLitigation strategyDisclosure and evidentiary fairnessCase law

Based on publisher information and book metadata.

Book overview

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)
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