Abuse of Process: Form 2 (D cannot be (re)tried without risking damage to CJS integrity)

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What does Stark describe as the general idea behind this form of abuse of process?
Moral "integrity" + "legitimacy" (idea of CJS taking the moral high-ground)
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What are the 4 situations where this may be an issue?
(1) state misconduct, (2) breach of promise (not to) prosecute, (3) choosing to prosecute rather than take other action, (4) circumventing time limits
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Which case concerned the 4th situation (i.e. where time-limits for charging certain offences are circumvented)?
J (J was charged with a less appropriate offence --> unacceptable)
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What type of offence in ... was it held not to be abusive to jump straight to prosecution (rather than give D a warning/education about wrongdoing initially)?
Environmental offences, Rashid
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Which case confirmed that a breach of a promise not to prosecute can constitute an abuse of process (even where there is no bad faith)?
ex p Dean
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What is the ground of a breach of a promise entirely dependent upon?
Circumstances (what D was told) e.g. penalty notice wording + what D was told at crime scene didn't preclude prosecution in Gore and Mather
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What was the state misconduct in ex p Bennett?
D was traced to South Africa + was kidnapped/sent back to UK for trial
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Give an example of where the state misconduct was not sufficient to cause damage to CJS (and thus no abuse of process)
Warren v AG for Jersey: D's car was to be bugged (serious nature of D's wrongdoing, urgency of situation, no lying to foreign courts - just foreign authorities)
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Other cards in this set

Card 2

Front

(1) state misconduct, (2) breach of promise (not to) prosecute, (3) choosing to prosecute rather than take other action, (4) circumventing time limits

Back

What are the 4 situations where this may be an issue?

Card 3

Front

J (J was charged with a less appropriate offence --> unacceptable)

Back

Preview of the back of card 3

Card 4

Front

Environmental offences, Rashid

Back

Preview of the back of card 4

Card 5

Front

ex p Dean

Back

Preview of the back of card 5
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