Third edition. - Oxford, United Kingdom ; New York, NY : Oxford University Press, 2017.
Book — xli, 312 pages ; 25 cm
Pre-charge and investigation
Forums for raising abuse of process
Non-availability of evidence
Unfair conduct and abuse of executive power
Ability to participate in criminal proceedings
Confiscation proceedings and civil recovery
Tactical and procedural considerations.
The 3rd edition of this leading text examines, from a practitioner's point of view, the concept of abuse of process and how it operates within criminal and extradition proceedings. This title deals with the different procedural and factual situations that give rise to an abuse of process, covering the whole of criminal litigation, from pre-charge advisory stage to appellant level. A number of different topics are examined from a case law perspective; covering disclosure, entrapment, delay, loss of evidence, abuse of executive power, adverse publicity, ability to participate. Skeleton arguments are included for practical assistance. The third edition covers all recent important case law decisions, updating specific topic areas: * Case management (R v Boardman  EWCA Crim 175) * Post-trial abuse (Tague  EWHC 3576(Admin)) * Illegally obtained evidence (Public Prosecution Service of Northern Ireland v Elliott  UKSC 32) * Linked civil proceedings (Clayton  2 Cr App R 20) * Disclosure Herbert Austin  EWCA Crim 1028, (S)D and S(T)  2 Cr.App.R.2 7) * Entrapment (Wilson v The Queen  NZSC 189) and Palmer  Crim L R 153) * Delay and serious specific prejudice to a fair trial (R  EWCA Crim 1941) * Destruction and retention of evidence (DPP v Petrie  EWCA 48 (Admin); Spalluto  EWHC 2211 (Admin) * Local authority prosecutions (Clayton  EWCA Crim 1030) * Special measures (OP  EWHC 1944 (Admin) * Legal representation (Crawley  EWCA Crim 1028). (source: Nielsen Book Data)
Houndmills, Basingstoke, Hampshire ; New York, NY : Palgrave Macmillan, 2014.
Book — vi, 190 pages ; 23 cm
The development of funding
The theoretical context
The access to justice movement
Legal aid, conditional fees and labour
The policy process : replacing legal aid by recoverability
Where did the recoverability policy come from?
Economic psychological insights into the process of claiming and agreeing damages and costs
The cost war and its casualties : frogs and temperature
Could it have been different? : an alternative evidence-based approach
A suggested approach - The future of funding : Jackson
Conclusion.: Evidence-based policy and civil justice reform.
Access to Justice addresses a remarkable experiment in the funding of money damage claims - largely personal injury claims - which began in 2000 and which the Government effectively abolished in 2013. The model - recoverable conditional fees - adopted by the incoming New Labour administration was unique and, for reasons that the book explains, it has remained so. This book is based on a review of published material, the author's own view as a 'participant' in the process and anonymised semi structured interviews with other participants, from Government; claimant and defendant lawyers and litigation insurers. It covers the development, subsequent amendment and effective abolition of the model. It examines the process of policy development, the motivation and objectives of the policy makers and the reactions of the parties attempting to grapple with the new system. It asks whether a development process incorporating a range of models addressing the evidence base might have produced a better result: a workable policy based on the core of Government objectives or, possibly, an entirely different model. (source: Nielsen Book Data)
'Moving at a pace' : towards a new approach to vulnerability in courts and tribunals? / Penny Cooper
Cartesian perfection : the route out of failure / John Gillen
Bringing the court closer to the person with disability : judicial exemption from the Equality Act and interference with reasonable adjustments for litigants with physical disabilities / Anton van Dellen
Judges and lawyers : getting it wrong about the disabled for all these years? / John Horan
Challenges in defining and identifying a suspect's vulnerability in criminal proceedings : what's in a name and who's to blame? / Lore Mergaerts, Dirk Van Daele, Geert Vervaeke
Caught by language : the language competence of young offenders and the implications for the (Dutch) youth justice system / K.G.M. van Dijk-Fleetwood-Bird
Justice denied? : the experience of unrepresented defendants in the criminal courts / Penelope Gibbs
Anunga 40 years on : rights remain limited for indigenous suspects in the Northern Territory of Australia / Felicity Gerry and David Woodroffe
The effects of intersectionality : women with learning disabilities, difficulties and autism in the criminal justice system / Clare S. Allely, Toni Wood, & Christopher Gillberg
Confusion and communication in deaf cases : towards a model of best practice / Sue O'Rourke, Chantelle de la Croix, Noel Traynor and Robert Grieve
Trauma and victim participation in the criminal process / Louise Ellison and Vanessa E Munro
The pre-trial position of vulnerable victims of crime in Ireland / Alan Cusack
Balancing accessibility and authority : towards an integrated approach to vulnerability in the criminal courts / Jessica Jacobson
Advocating PEACE : will it make people cross? / Ray Bull and Andy Griffiths
Postscript / Linda Hunting.
This is the second volume of this kind. The first, 'Addressing Vulnerability in Justice Systems', focussed on identifying vulnerability in international justice systems. This volume presents some of the challenges that exist in achieving sufficient access to justice for vulnerable people, primarily in criminal and family proceedings and provides international comparisons of best practice. This book, following on from The Advocate's Gateway Conference in 2017, consists of a selection of papers from presentations at the conference. The primary focus is an international comparison of vulnerability in justice systems and issues surrounding access to justice for vulnerable witnesses and parties. The book presents the latest developments in a constantly developing area of law and provides details of the many different challenges which advocates, judges and vulnerable witnesses and victims encounter in justice systems. It also offers international comparisons of best practice. The discussions in 'Access to Justice for Vulnerable People' will provide academics and practitioners across a variety of disciplines an insight in to topics of central importance to the fairness and efficiency of court processes. Expert contributors offer an international perspective and research-informed practical advice for lawyers, researchers, judges and policy makers. (source: Nielsen Book Data)