Young, Corker and Summers on Abuse of Process in Criminal Proceedings

General Editor: David Young. David is a specialist criminal law barrister with expertise in international criminal law. He is an appointed Lead Defence Counsel in the Hague’s Specialist Kosovo Chambers, and has significant experience before the international courts. In the UK he defends in, and advises upon, cases across a wide range of criminal and regulatory offences. He is a barrister from Red Lion Chambers, London. The team will comprise a number of barristers from Red Lion Chambers including: Riel Karmy-Jones KC - Riel is ranked in the Legal 500 in tier 1 for crime, her principal area of practice. She was nominated for “Crime Silk of the year” in 2019 by the Legal 500. Her work includes murder, serious organised crime, and sexual offences, particularly cases involving vulnerable witnesses. She is a contributor to Archbald. David Claxton - David is ranked as a leading junior in the 2017 edition of Legal 500 in the practice areas Business Crime, Regulatory Crime and Global Investigations and Criminal Fraud. Noel Casey - Noel is an experienced practitioner in criminal law and has conducted trials of homicide, rape, historic sexual abuse, drugs/people trafficking, serious violence, serious fraud, and has taken instructions as a leading junior. Noel also sits as a Recorder on the Western Circuit. Aimee Riese - Aimee provides advice and representation in criminal and public law cases. She has appeared in cases involving serious violence (violent disorder, offensive weapons, “acid attacks”, domestic abuse and grievous bodily harm), fraud, sex, drugs, and proceeds of crime. Tom Davies - Tom prosecutes and defends in the Crown Court and the magistrates’ court in the full spectrum of offences, including cases involving dishonesty, drugs, driving offences, offences of violence and sexual offences. Laura Miller - Laura is regularly instructed in relation to complex and serious cases, including murder, serious violence, modern slavery, large scale drug conspiracies, fraud and sexual offending. In addition, Sarah Bafadhel of 9 Bedford Row will also contribute to this edition on the international aspects, as she has done previously. Sarah specialises in international criminal law, public international law and human rights law. She has represented clients in high-profile and complex cases before international and regional courts and tribunals, resulting in landmark decisions which have developed international law.

1.Delay
2. Breach of promise
3. The loss or destruction of evidence
4. Miscellaneous abuse
5. Abuse of power by the executive
6. Entrapment
7. Double jeopardy
8. Extradition proceedings
9. Pre-trial publicity
10. Procedural considerations
11. Confiscation proceedings
12. Abuse of process doctrine in international criminal proceedings
APPENDICES