ABSTRACT

The principles of abuse of process relate to situations where a court is asked to refuse jurisdiction to try a case because of the abuse of its process by prosecuting authorities. Jurisdiction can refer to several matters, but in criminal proceedings it usually includes three things: physical jurisdiction; local jurisdiction, which determines which particular court within a country hears the case; and statutory limitation, which is effectively a denial of jurisdiction because of passage of time. A State usually only has the ability to try offences that are committed within the boundaries of that State. The principles of criminal jurisdiction in the Commonwealth Caribbean courts are based on the English common law that is applicable across the region unless specifically overridden by statute law. The foundation of criminal jurisdiction is territorial, since it is regarded as one of the functions of the courts in a particular country to maintain peace by criminal process in that country.