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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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Prosecutorial Manipulation or Misuse of Process

Prosecutorial Manipulation or Misuse of Process

Chapter:
(p.21) 2 Prosecutorial Manipulation or Misuse of Process
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/9780199280834.003.0002

This chapter examines situations in which ‘the prosecution have manipulated or misused the process of the court so as to deprive the defendant of a protection provided by the law or to take unfair advantage of a technicality’. Topics discussed include the rule against double jeopardy; circumvention of time limits and improper prosecutorial motives; repeated committal proceedings; deprivation of a right to a particular type of trial; improper consideration of criteria for prosecution; and private prosecutions.

Keywords:   criminal proceedings, abuse of process, stay of proceedings, double jeopardy, prosecution

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