Podcast Location:
Download it here [file size: 31 MB]
Categories:
Criminal Law
CPD Points:
Up to 1 point. details »

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Regulated by the Solicitors Regulation Authority:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Regulated by the Bar Standards Board:
Listen and pass the quiz: Gain 1 accredited CPD point (60 minutes)

Regulated by ILEX:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Cost:
  • FREE
Length:
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Contributor(s):
Course Aims:

This podcast provides an overview of the court's power to stay criminal proceedings on the grounds of abuse of process. The podcast examines the concept of abuse of process and introduces listeners to the basic principles and procedural rules at play. It also considers how the courts will approach applications to stay on the ground of abuse of process by providing some illustrative recent authorities as examples.

Outcomes:
After completing the course you will:
  • Understand what is meant by an abuse of process;;
  • Have a flavour for the type of conduct that may constitute an abuse of process;
  • Understand how the courts will approach abuse of process applications;
  • Know the procedure for making an application;
  • Understand the ECHR implications in this context;
  • Be alive to some of the most pertinent recent authorities and developments in this area.
Level:
Intermediate Difficulty: 3 of 5
Classification:
Introduction
Legal Principles
Practical Guide
Sources and References:
  • Curtis Warren and others v HM AG of the Bailiwick of Jersey [2011] UKPC 10;
  • Dobson [2001] EWCA Crim 1606;
  • Hui Chi-ming v The Queen [1992] 1 AC 34;
  • Looseley [2001] 1 WLE 2060;
  • R v Beckford (1994) JPR 305;
  • R v Bow Street Metropolitan Stipendiary Magistrate ex parte DPP (1992) 95 Cr App R 9;
  • R v Connolly [1964] AC 1254;
  • R v Dunlop [2006] EWCA Crim 1354; [2007] 1 Cr. App. R. 8;
  • R v Hamza (Abu) [2006] EWCA Crim 2918;
  • R v Hereworth [2011] EWCA Crim 74;
  • R v P [2008] EW Misc 2 (EWCC);
  • R v TBF [2011] EWCA Crim 726;
  • S and H [2011] EWCA Crim 2872;
  • Wandsworth London Borough Council v Rashid [2009] EWHC1844 (Admin);
  • Zdinjak v Croatia 3 April 2012.

In this podcast Gelaga King from 2 Bedford Row discusses the concept of abuse of process and the role it plays within the criminal justice system.

Gelaga explains the different circumstances in which a defendant might make an application for abuse of process, the relevant procedure, the role of the ECHR and the Criminal Procedure Rules and covers some of the most pertinent authorities and recent developments.

Date recorded: 11 April 2012

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