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Title: The relation between pre-trial executive improprieties and the outcome of the criminal trial
Author: Choo, Andrew Li-Teik
ISNI:       0000 0001 3547 807X
Awarding Body: University of Oxford
Current Institution: University of Oxford
Date of Award: 1990
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The issue of the implications which pre-trial police or prosecutorial improprieties should have for a criminal trial has not been the subject of serious consideration in English law. The courts have acknowledged that such improprieties may lead in certain circumstances to the exclusion of evidence or to a stay of proceedings, but have not properly identified the underlying rationales and principles. I expose the deficiencies in the existing law and indicate the path to reform. My main argument is that where pre-trial executive impropriety is established, the court should consider what I have called the principle of legitimacy. This principle is premised on a recognition that criminal justice is concerned not only with the conviction of the guilty but also with the moral integrity of the criminal process. Thus, a decision as to whether a pre-trial executive impropriety should lead to exclusion or a stay (as the case may be) should be reached by weighing (1) the public interest in the conviction of the guilty against (2) the public interest in the moral integrity of the criminal process. If (2) outweighs (1) then the evidence should be excluded or the proceedings stayed (as the case may be). The application of the legitimacy principle is discussed in detail, and the relation between exclusion and a stay is explained. I identify a number of guidelines which are of relevance to the application of the legitimacy principle, and some theoretical issues associated with the concept of judicial discretion are explored. The specific issue of the application of the legitimacy principle to determine the circumstances in which pre-trial delay by the executive should lead to a stay of proceedings is addressed. The specific problem of entrapment is also examined, and it is suggested that English law ought to recognise a defence of entrapment.
Supervisor: Not available Sponsor: Not available
Qualification Name: Thesis (Ph.D.) Qualification Level: Doctoral
EThOS ID:  DOI: Not available
Keywords: Law