Judicial Discretion and Criminal Litigation

This book is about the discretions exercised by criminal trial courts both at Crown and Magistrates' Court level, and about discretion in criminal appeal courts. It aims firstly to provide a theoretical framework within which to discuss and assess discretions, and secondly to examine discretions recorded in actual cases and to list the known principles by which these should be exercised. It also looks at the way in which an exercise of discretion can be challenged, demonstrating how most erroneous exercises of discretion can now be overturned.