- Update/Intermediate *5 hours CPD
Abuse of process is a key growth area in criminal law, and both defence solicitors and prosecutors need to be fully aware of it. This course looks at how abuse can arise and be identified, the procedure for arguing abuse in the court and the remedies available. It looks at the interplay between abuse, s78 PACE and the European Convention, and considers the major historical cases together with the many recent decisions of the courts on abuse.
The course has now been extended to 5 hours due to increasing activity and materials in this field. Topics to be covered will include:
- General principles of abuse of process
- Delay in the criminal justice system
- Loss/destruction or concealment of evidence
- Inadequate investigation of a case
- Adverse pre-trial publicity
- Bad Faith in investigations or prosecutions
- Double jeopardy
- Spotting abuse in criminal cases
- Exclusion of evidence in court
- Abuse and the European Convention