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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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Delay, Lost or Destroyed Evidence, and Adverse Publicity

Delay, Lost or Destroyed Evidence, and Adverse Publicity

Chapter:
(p.71) 3 Delay, Lost or Destroyed Evidence, and Adverse Publicity
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/9780199280834.003.0003

This chapter discusses the applicability of the abuse of process doctrine in the context of delay, lost or destroyed evidence, and adverse publicity. It presents considerations that are relevant to a determination of whether proceedings should be stayed as an abuse of process on account of delay. The case of R (Ebrahim) v Feltham Magistrates' Court is cited to provide guidance on the extent to which proceedings might be stayed as an abuse of process on account of the non-availability of evidence. It is also shown that courts have not been willing to accede to submissions that publicity before a trial has made a fair trial impossible, holding that directions from the judge will result in the jury disregarding such publicity.

Keywords:   criminal proceedings, Crown Prosecutors, courts, abuse of process, R (Ebrahim) v Feltham Magistrates' Court

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