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)
1 of 8
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
2 of 8
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)
3 of 8
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
4 of 8
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
5 of 8
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
6 of 8
What was the state misconduct in ex p Bennett?
D was traced to South Africa + was kidnapped/sent back to UK for trial
7 of 8
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)
8 of 8
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)
Comments
No comments have yet been made