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has quickly become out of date.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 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. 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. 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 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
Part I - Powers to Stop and Search
The Licensing Act 2003
Reviews
Review by Peter Jackson
LINKS
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"Internet law Book Reviews" Copyright Rob Jerrard 2008