Abuse of Process
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Abuse of Process Guidance on Current Issues
Abuse of Process remains an important and furtile area of Law which requires careful consideration by any criminal lawyer . Mark Newby writes frequently on abuse of process issues and has in the past taught for BPP on Abuse of Process and other Criminal Law Issues .
This section of our site disseminates current case law and thinking on abuse of process law .
No Duty Over Investigation
Abuse of Process - Access Sectional Advice
There was no strict requirement as to the means by which an individual's participation in the investigation into his attempted suicide whilst in custody was to be achieved to meet the requirements of the European Convention on Human Rights 1950 art.2,
Athough it would have been better for the investigator to take more steps to involve the individual, the individual chose not to engage with the enquiry process, and it was clear that there was no breach of art.2.
R. (on the application of L) v Secretary of State for Justice 7th October 2009 Laws LJ
Click below for advice and information on key areas of abuse of process
Service of Proceedings - No Extension
The High Court did probably not have power to extend time in respect of service of an application to state case from the Magistrates Court within the 21 day time period in accordance with Magistrates' Courts Act 1980 s.111(1)(2) .
The Divisional Court so held in Chief Constable of Cleveland v Vaughan - 12th October 2009 .
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