p. 2679. Pre-trial issues: disclosure and abuse of process
- Liz Campbell, Liz CampbellFrancine McNiff Chair of Criminal Jurisprudence, Monash University
- Andrew AshworthAndrew AshworthEmeritus Vinerian Professor of English Law, University of Oxford
- , and Mike RedmayneMike RedmayneThe Late Professor of Law, London School of Economics
Abstract
This chapter reviews various procedural mechanisms to ensure that the eventual trial runs smoothly and fairly. In terms of facilitating the smooth running of the trial, it concentrates on ways of screening cases and clarifying some of the issues prior to trial. The disclosure of evidence is a fraught matter in this regard, with an impact on fairness as well as efficiency. In terms of ensuring that the defendant is not subjected to an unfair trial, it examines some question that arise under the broad heading of abuse of process, concentrating on issues of delay and the entrapment doctrine.