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Abuse of Process and Judicial Stays of Criminal Proceedings$
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Andrew L-T Choo

Print publication date: 2008

Print ISBN-13: 9780199280834

Published to Oxford Scholarship Online: January 2009

DOI: 10.1093/acprof:oso/9780199280834.001.0001

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The Abuse of Process Doctrine and Criminal Justice

The Abuse of Process Doctrine and Criminal Justice

Chapter:
(p.1) 1 The Abuse of Process Doctrine and Criminal Justice
Source:
Abuse of Process and Judicial Stays of Criminal Proceedings
Author(s):

Andrew L-T Choo

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199280834.003.0001

This chapter begins with a brief discussion of the primary aim of the book, which is to analyse the courts' power to stay criminal proceedings which are deemed as an ‘abuse of the process of the court’. It then discusses the origins of the doctrine and its use in civil litigation, entrenchment of the doctrine in the criminal sphere, the nature of a stay, and aspects of criminal justice. A brief introduction to the law on abuse of process is presented.

Keywords:   criminal proceedings, courts, civil litigation, criminal litigation, human rights

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