"Internet Law Book Reviews", Provided by Rob Jerrard LLB LLM (London)

LexisNexis Butterworths

Butterworths Road Traffic Service

ISBN 13: 9780406996541
ISBN: 0406996547
Publisher: LexisNexis Butterworths
Binding: Looseleaf
Price: £436.00
Subscription Type: Pay-as-you-go


New General Editor

The publishers are delighted to announce that Adrian Turner has agreed to take on the role of General Editor for Butterworths Road Traffic Service. His role includes writing for the Service, advising generally on its content, and preparing the monthly bulletins. Adrian Turner is a practising barrister, and an experienced legal editor and writer. He co-edits Stone's Justices' Manual and is consultant editor of the Criminal Law and Justice Weekly. He has also contributed to Halsbury's Laws and Atkin's Court Forms, among other works. He has a long standing interest in road traffic and transport.


Butterworths Road Traffic Service is a highly respected authority on all matters relating to road traffic offences and the relevant law. It has a uniquely practical approach because it deals with the subject offence by offence within specific divisions of the work. The work contains full details for each offence along with the appropriate precedent, statutory references and supporting case law. All the relevant statutes, statutory instruments and relevant parts of the Highway Code are included within the service. The title offers practical guidance on defences and mitigation, procedure, evidence, penalties and sentencing. The Magistrates' Association Sentencing Guidelines are reproduced in full and the law in Scotland is additionally supplied. The service includes monthly bulletins to keep your information fully complete and up-to-date. Two looseleaf volumes, four service issues approx. per year (invoiced separately on publication).

Contents


Binder One; Bulletins; Tables, Index; Part 1 - Driving Offences; Division A: Dangerous driving; Division B: Careless and inconsiderate driving; Division C: Drink and drugs impairment; Division D: Accident offences and Civil Liability; Division E: Proof of Driver Identity and/or Disqualification; Division F: Driving licences; Division G: Insurance; Division H: Taking and interference with vehicles; Division I: Traffic signs, traffic directions and excess speed; Division J: Obstruction and parking offences; Division K: Motorway driving; Division L: Pedestrian crossings; Division M: Passenger and personal safety; Part 2 - Vehicle Offences; Division N: Goods vehicles; Division O: Passenger vehicles; Division P: Vehicles registration and licensing; Division Q: Vehicle testing; Division R: Lighting requirements; Division S: Cycles and motor cycles; Division T: Vehicle size, loads, combinations and power; Division U: Brakes, steering and tyres; Division V: Vehicle equipment and instrumentation; Division W: Key concepts; Division X: Procedure; Division Y: Sentencing; Appendices; Binder Two Division 1: Statutes; Division 2: Statutory instruments

PREFACE

The Road Traffic Service with its updating has come into its own since its inception in 1991. The extensive amount of new road traffic legislation together with case law have necessitated regular updating issues. It has illustrated the value of a loose-leaf work in keeping the practitioner up to date in an area of law which is rapidly changing.

The loose-leaf format gives scope to the editors to make changes to the work as the needs of practitioners are identified. Since the work's inception, divisions have been added to broaden the contents.

It was decided originally to provide relevant statutes and regulations referred to in the main work by means of a Handbook and two editions have been printed. The editors and readers have found, however, that the amount of new legislation is such that the Handbook has quickly become out of date.

In the circumstances, the decision has now been made to issue a second volume of the Road Traffic Service to contain the statutes and regulations. This will allow the same regular updating which has found to be of such benefit with the main work.

The main work is organised in three parts. The first two parts deal with offences. The offences commented on are those which come before magistrates, sheriffs and judges every working day, with the test for inclusion being 'Is this offence prosecuted to a significant extent?' To ensure that the test was compiled use was made of Home Office and police statistics on prosecutions.

Offences in respect of the driver and his or her driving are dealt with in the first part of the Service and offences in respect of the vehicle in the second part. Each division deals with an area of offending and within the division relevant offences are given individual treatment. This way of dealing with offences has proved to be one of the strengths of the work allowing practitioners to find information quickly and easily. The contributors have endeavoured to identify the relevant law relating to each offence and arrange it in such a way that there is little need for cross-reference.

Each offence is dealt with using the same format. The commentary starts with information to assist prosecutors and courts, namely a precedent, offence code and statistics code. The actus reus and mens rea relating to the offence are considered followed by further commentary under the heading 'Defence and mitigation.' The contributors have dealt separately with statutory defences and have referred to other aspects of law or practice which have proved to be helpful to defence advocates. Almost all the offences have a commentary on 'Procedure and evidence' and specific law and practice relating to the sentencing for the particular offence are included under the heading 'Penalty.'

One of the earliest divisions taken in respect of the work was that it should deal not only with the law relating to England and Wales but also with the law relating to Scotland. Apart from wishing to serve a Scottish readership, Scotland represents a rich source of precedent and on some questions an alternative view of the law exists from which legal argument can be developed. The work is designed to clearly show where the law differs between the two jurisdictions and this is achieved either by a separate commentary' headed as such or by remarks in the main text.

Frequently featured in the commentary on offences a more comprehensive study of it may be found in Division W Key Concepts. This division together with Divisions X and Y dealing with procedure and sentencing make up the third and final part of the work.

Following the same format as was used in the Handbook, the second part of the Service provides statutes and regulations in chronological sequence. Every attempt is made by the editors to keep both parts of the Service to a manageable size and, therefore, some matters have had to be excluded. The decision whether to include reference to a case or to reproduce a piece of legislation must inevitably be a subjective one based primarily on the experience and knowledge of the editors. We are, however, always willing to consider arguments to include matters which readers would like to be included.

Malcolm Marsh


REVIEW

This is a particularly good publication for those who have an interest in Road Traffic, the loose-leaf service is the best that can be offered because law is such a living subject which changes daily. The books themselves contain all the material and case decisions you are likely to need with the added advantage of the monthly bulletin by Adrian Turner



Butterworths Police and Criminal Evidence Act Cases

Edited by Michael Cousens, Barrister; and The late Ruth M Blair, Barrister

Butterworths Police and Criminal Evidence Act Cases is a single volume looseleaf casebook on the Police and Criminal Evidence Act 1984, designed to provide a comprehensive and regularly updated work which can be cited with confidence in court.

It contains accessible and reliable guidance to the PACE Act judgments and includes detailed introductions, full judgments and over 450 case summaries of all the important PACE cases, including previously unreported PACE cases.

A limp bound copy of the amended text of the Act, with revised Codes of Practice, also accompanies the service.

It has the benefits of a far-reaching bound volume but with the added advantage of being updated three times a year, making it a reliable, flexible reference source for the professional.

One looseleaf binder

Subscribers receive their first year’s updating issues as part of the purchase price (three service issues approx per year). Subscribers are then charged annually for subsequent updating.

Contents
Part I - Powers to Stop and Search

Part II - Powers of Entry, Search and Seizure

Part Ill - Arrest

Part IV - Detention

Part V - Questioning and Treatment of Persons by Police

Part VI - Codes of Practice

(N.B. Parts I-VI consist of: introduction; case summaries; and case reports)

Part VII - Documentary Evidence in Criminal Proceedings. Parts A-D contain sections 68 and 69 introductions and case summaries; Part E contains Case Reports.

Part VIII - Evidence in Criminal Proceedings.

Parts A-N contain introductions and case summaries for sections 73-78 of the Act; Part O contains Case Reports.

Part IX - Police Complaints and Discipline

Part X - Police - General

Part XI - Miscellaneous and Supplementary.

Part A - Introduction. Part B - Case Summaries.

Table of Cases.

Index.

looseleaf

How to use the looseleaf service

Butterworths Police and Criminal evidence Act is a comprehensive service, in looseleaf format to enable the removal of out-dated pages, the insertion of up-to-date pages and, when necessary, the supply of entirely new material. Replacement pages are issued regularly, and should be inserted according to the instructions which accompany them.

Inside the front cover of the binder there a plastic pocket containing the booklet of the Police and Criminal Evidence Act and Codes of Practice. This is periodically updated as an issue of the main work and as such, supersedes the previous edition of the booklet.

Organisation of the text

The contents of the binder are organised into eleven parts, corresponding respectively with the first eight parts of the Police and Criminal Evidence Act 1984. Each part is consecutively numbered and separated by a clearly named guide card.

The text within each part is further divided into paragraphs consecutively numbered from 1. Cross-references to a paragraph within a part are made to the paragraph number only; cross-references to a different part are made to the part and paragraph number. Thus, a reference to 101 refers to Part VII, paragraph 101. Case references can be found in the appropriate table and each part has a detailed and up-to-date contents list.

Keeping up-to-date

After inserting each issue, fill in the filing record card at the back of the binder. This will enable you to tell at a glance whether your set is up-to-date.

Refer to the Check List at the back of the binder to ensure that your copy is correctly filed. The Check List will tell you which pages should be in the work, together with the relevant issue number for each page or group of pages.



The Licensing Act 2003

Authors: Jeremy Phillips & Simon Mehigan QC His Honour Judge John Saunders QC

ISBN: 0406969515

Publishers LexisNexis Butterworths

Price:  £50 RRP UK

Publication Date: June 2004

The Licensing Act 2003 has introduced major reforms to liquor licensing and public entertainment law creating a unified system of regulation for the sale and supply of alcohol. In addition the Act integrates the alcohol, public entertainment, theatre, cinema and night cafe licensing schemes and transfers the power to grant alcohol licences from magistrates to local authorities.

This guide explains the changes made by the Act and their practical consequences. The complete text of the 2003 Act is reproduced with annotations, fully cross-referenced to the narrative guidance.

Solicitors and barristers specialising in licensing law and entertainment law, local authorities, courts, the police and academics will find this guide a useful reference source.

The Preface tells us that in this Guide the authors have endeavoured to provide the reader with a clear summary of the principal provisions of the Licensing Act 2003, which represents the most thorough and radical overhaul of our licensing laws for several centuries.  Whilst the public will be aware of these impending changes but not feel their practical impact until early 2005, lawyers, local government officers and politicians, the police and the courts will all need to familiarise themselves with the new legislation long before that date, as they work through the transitional period devised by parliament. In settling upon the structure of this book the authors have tried as far as possible to follow the scheme of the Act, the full text of which is set out in Appendix 1.

Although much of the material contained in this book has been incorporated into Paterson's Licensing Acts (112th ed) this Guide will provide a useful alternative source in portable format.  To enable readers to keep up to date with developments, the secondary legislation and other relevant material will be accessible on the Butterworths website at www.butterworths.com (click on the web linked publications)

The necessary password is-licensing.


Simon Mehigan QC practises from 5 Paper Buildings. He specialises in all areas of licensing law (liquor, betting, gaming and lotteries). He has been joint editor of Paterson's Licensing Acts since 1995.

Jeremy Phillips is well known as an authority on licensing law. In addition to his role as joint editor of Paterson's Licensing Acts and member of the Advisory Group to the Department of Culture, Media and Sport in connection with the new law, he was a leading licensing solicitor and partner in an international law firm until 2004. He was recently called to the Bar and now practises from 2-3 Gray's Inn Square.

His Honour Judge John Saunders QC practised for many years as a barrister, specialising in licensing and criminal cases. He was involved in a number of leading cases both in the Court of Appeal and the Divisional Court before recently being appointed as the Recorder of Birmingham.


Reviews

Copies of Paterson’s Licensing Acts were always to be found scattered throughout the City of London Police Stations during my service, how current your copy was depended upon your rank and the Department you worked in, licensing is a very large part of the workload of City police officers and generations of officers have relied upon Paterson’s, however this publication would be within the pocket of most people who want a quick reference at a more reasonable price, for that and other reasons it is highly recommended.  A full copy of the statute is within the book; offences now come under Part 7.

Rob Jerrard


Review by Peter Jackson

I start this review with some trepidation and no little fear, having used Butterworths in my previous employment as the Holy Grail and the answer to all questions; it seems very strange that I am now reviewing the masters.  It did not disappoint.  As the preface states, this is the most thorough and radical overhaul of Licensing for centuries and as such, anybody involved in this field is going to need a good reference book.  This is it.

One of the major changes is the change from magistrates issuing licences to Local Authority.  This will inevitably bring different interpretations and varying decisions.  It also means that local people can and will approach locally elected representatives to influence these decisions.  This may put a party political slant on these decisions and without a strong reference and review, this could create a problem.

I cannot stress enough that this book is a must for anybody involved in this field, whether they have been involved for years or are new to the game.  With this book comes the brilliant idea of access to the Butterworths website to keep up with the inevitable changes to this major piece of legislation as appeals and judicial decisions are made.

As the changes are still rolling out, the authors have realised this and refer the reader to appropriate websites or the Department of Culture, Media and Sport (DCMS) who are responsible for the legislation.  The first sections of the book set the scene and explain the sections of the Act in a clear and very down to earth way, which is easy to understand in context.  As quoted on page 1 of the introduction “ History will be the only judge” if the Licensing Act 2003 is the right way forward.

Pages 1- 77 sets the scene and give clear explanations and interpretations and is a darn good read.  It is also nice to see that both the government and the authors acknowledge the concession to Morris Dancers!

This book is so well researched that it even quotes who said what in some of the parliamentary debates on page 9.

Page 16 sets out the operating schedules and I would like to have seen a little more detail on how the authors see these new documents being presented, and what they should contain.  This is a major part of what will form the governing document and if this is wrong, then everything that follows will surely fail. 

Pages 78-86 give a comprehensive Summary of Offences and penalties and should be very useful to the legal profession.

I am given to understand that there is some concern within the trade, that police will be shutting premises for 24hrs at the drop of a hat.   Section 9 explains the current situation and refers the reader to a website for further reference, as to date the full guidance has not been published.   Again, an honest reference to something that has not yet been decided.

The rest of the book covers numerous elements including human rights and licensing. The reader then gets a full copy of the Licensing Act 2003.  What value for money.

As a closing comment, I repeat that in my opinion this book is a must for anybody that has anything to do with a licensed profession, or is liable to represent anybody in a licensed profession. Thank you for the opportunity to read this book.

Peter Jackson



LINKS

·         "Internet law Book Reviews" Copyright Rob Jerrard 2008