BECKFORD AND BEYOND. SOME DEVELOPMENTS IN THE DOCTRINE OF ABUSE OF PROCESS

In recent years one of the largest growth areas of law in the criminal trial jurisdiction has been the development of the doctrine of abuse of process. As recently as the 1970s, submissions based on abuse of process were virtually unknown in the criminal courts. Now there is no competent defence advocate who does not come to court well armed with a quiver full of authorities ready to shoot down a prosecution as the opportunity arises. The underlying principle behind the doctrine of abuse of process is the concept that the court has a duty in criminal cases, to hold the balance between the interests of the state in maintaining order and the rights of individuals, and in exercising that duty the court retains a residual power to stay prosecutions which are vexatious or oppressive.