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Judicial Discretion and Criminal Litigation - Rosemary Pattenden

Judicial Discretion and Criminal Litigation

Hardcover Published: 8th March 1990
ISBN: 9780198255673
Number Of Pages: 496

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This book is about the discretions exercised by criminal trial courts both at Crown Court and Magistrates' Court level and about discretion in the criminal appellate process. The aim is twofold. First, to provide a theoretical framework within which to discuss and assess the discretions. This entails defining discretion, outlining the reasons for the existence of discretion and considering the means by which discretion may be controlled. Secondly, to examine the evidential and procedural discretions whose existence is recorded in cases, statutes, and the reports of law bodies, and to list the known principles by which these discretions should be exercised. The text concentrates on the law and practice in England and Wales but the footnotes include extensive references to the decisions and statutes of Australia, Canada and New Zealand. The last chapter of the book examines the way in which an exercise of discretion by a trial court, the Court of Appeal, or the Divisional Court of the Queen's Bench Division may be challenged and demonstrates that whatever the position may have been at the turn of the century few erroneous exercises of discretion are now inviolable.

Industry Reviews

q`Dr Pattenden in her meticulously researched book has made a weighty and thought-provoking contribution to the jurisprudence of a most important and relevant subject.`International and Comparative Law Quarterly

`A scholarly and highly professional study`The Times Literary Supplement

`a useful source of authority on discretions and more importantly will serve to raise consciousness of this important area of decision-making.`Northern Ireland Legal Quarterly 'Dr. Pattenden has the knack of finding the most recondite authorities, and of utilising the most apposite quotations and examples. Such a result reflects application and facility of a quite extraordinary quality. The book is written in clear, restrained and grammatical prose. There can be no doubt that every serious scholar, teacher, and practitioner of the law of criminal procedure and evidence must have access to this work. It is in the very rare category of an indispensable source.' C.F.H. Tapper, Magdalen College, Oxford, The Law Quarterly Review, Vol. 107, April 1991

Prefacep. v
Discretion: Meaning, Rationale, and Regulationp. 1
Trial Discretions: the Judge and the Accusedp. 32
Trial Discretions: the Judge and Witnessesp. 72
Trial Discretions: the Judge and Counselp. 121
Trial Discretions: the Judge and the Publicp. 146
Trial Discretions: the Judge and the Juryp. 156
Trial Discretions: The Judge and the Evidencep. 229
Concealed Evidential Discretionsp. 289
Trial Discretions: Summary Trialsp. 292
Appellate Court Discretionsp. 331
Correcting Erroneous Exercises of Discretionp. 374
Table of Casesp. 405
Table of Statutesp. 469
Indexp. 479
Table of Contents provided by Publisher. All Rights Reserved.

ISBN: 9780198255673
ISBN-10: 0198255675
Audience: Professional
Format: Hardcover
Language: English
Number Of Pages: 496
Published: 8th March 1990
Publisher: Oxford University Press
Country of Publication: GB
Dimensions (cm): 24.2 x 16.4  x 3.2
Weight (kg): 0.97
Edition Number: 2
Edition Type: Revised