"INTERNET BOOK REVIEWS" PROVIDED BY - Rob Jerrard LLB LLM (London)

Books by Jordan Publishing & Family Law 2009

·  E-Mail Rob Jerrard for the address to forward books you wish to have reviewed


Charities - The New Law 2006
A Practical Guide to the Charities Act
New Law Series
Edition: 1st
Format: Paperback
Author: Stephen Lloyd
Contributors Alice Faure Walker, Christine Rigby, Stephanie Biden, Mary Groom, Thea Longley, Abbie Rumbold, Andrew. Small, Lawrence Simanowitz
ISBN: 978 0 85308 971 1
Publishers: Jordans
Price: £39
Publication Date: March 2007
 
Publisher's Title Information
 

After a five year journey, the Charities Act 2006 has finally received Royal Assent. But what are the changes that it will bring to charities? Its' more controversial reforms include the first ever statutory definition of 'charitable purposes', changes to the public benefit rules and provisions for trustee remuneration. The Act introduces an entirely new framework for:
 
The regulation of public collections
The establishment of the Charity Tribunal
Charity mergers
The creation of the new Charitable Incorporated Organisation
The Act also amends the existing 1992 and 1993 Charities Acts in a number of areas including:
Fundraising
Accounts and reporting by charities
Registration thresholds
The powers of the Charity Commission
 
Written by a team of specialist charity lawyers from Bates Wells & Braithwaite, this book includes expert commentary and practical advice on the new law. Crucially, it includes the 1993 and 1992 Acts shown as they will be amended by the 2006 Act, together with the full text of the 2006 Act. An essential reference for all lawyers, accountants, trustees and those involved in the management and running of charities.
 

Contents
 
The Charity Commission
Charitable purposes and public benefit
Registration
Charity names
Remuneration of charity trustees
Land transactions
Powers of the Commission to assist and protect
Challenging the Commission
Charity Investments
Permanent Endowment
Charitable Companies
Charitable Incorporated Organisations
Mergers
Schemes and Cy-près

Fundraising changes including: self regulation of fundraising, public collections, professional fundraisers and commercial participators
Accounts and reporting requirements

Appendices to the book include the full text of the Charities Act 2006 and the Charities Act 1993 (as amended by the 2006 Act), together with relevant extracts from the Charities Act 1992 (as amended by the 2006 Act). Edited by Stephen Lloyd and written by a team of specialist charity lawyers from the leading charity firm Bates Wells & Braithwaite, Charities - The New Law 2006 is an essential reference for all lawyers, accountants, trustees and those involved in the management and running of charities.

This definitive guide to modern charity legislation steers you through the new law and highlights when the changes are expected to take effect. Structured to reflect the practical issues faced by charities, each chapter covers not just the changes introduced by the 2006 Act but also the relevant provisions of the 1992 and 1993 Charities Acts, giving a comprehensive commentary on the overall charity law regime.
 

Reviews to Date
 
"offers an approachable account of current law and includes all the relevant statutory material" Times Higher Education
 

The Author
 
Stephen Lloyd and a team of specialist charity lawyers from Bates Wells & Braithwaite


Cretney & Lush on Lasting and Enduring Powers of Attorney
Edition: 6th 2009
Format: Paperback
Author: Denzil Lush
ISBN: 978 1 84661 082 0
Publishers: Jordans Publishing
Price: £60
Publication Date: March 2009
 
Publisher's Title Information
 

Cretney & Lush on Lasting and Enduring Powers of Attorney is the leading work on this difficult and growing area of law. The 6th edition has been significantly updated and expanded to take account of the Mental Capacity Act 2005, which introduced the new Lasting Powers of Attorney. These enable the attorney to make personal welfare and healthcare decisions on behalf of the donor of the power, not previously possible with Enduring Powers of Attorney.

Uniquely, this work provides full guidance on both enduring and lasting powers of attorney. It examines the duties and responsibilities that will remain in relation to existing Enduring Powers of Attorney. It then goes on to look at the circumstances in which a Lasting Power of Attorney may be useful and the law and procedure relating to their creation and registration.
 
Cretney & Lush on Lasting and Enduring Powers of Attorney contains all relevant legislation, prescribed forms and commentary from a leading expert in the field.
 

Contents
 
Lasting Powers of Attorney
 
History of Enduring and Lasting Power of Attorney
Difference between EPAs and LPAs
Capacity to create an LPA
Attorneys
Named Persons
Certificate providers
Execution of an LPA
Application to register an LPA
Objections to registration
Functions of the Public Guardian
Functions of the Court of Protection
Fees and costs
Scope of attorney's authority
Termination of Lasting Powers of Attorney
The Code of Practice
 
Enduring Powers of Attorney
 
Granting an EPA
Action required at onset of mental incapacity
The authority and powers of an attorney under an enduring power
The Court of Protection and EPAs
Revocation, disclaimer and termination of enduring powers
Appointment of more than one attorney
Protection of third parties
Appendices
Statutes
Statutory instruments
LPA forms
EPA forms
Court forms
Guidance
Case reports
 
 

Reviews of previous edition
 
“A detailed, lucid and well-written guide … remarkably user friendly … could not be bettered”
Civil Justice Quarterly
 
“Comprehensive and well set out … extremely useful” Solicitors Journal
 
“There is a clear need for a guide to this expanding area of law and it is hard to imagine a team better qualified to write one than the authors of this book … authoritative … concisely and clearly written” The Law Teacher
 
The Author
 
Denzil Lush, Senior Judge of the Court of Protection
 
Preface
 

The previous edition of this book, which was published in September 2001, was called Cretney & Lush on Enduring Powers of Attorney. It has not been possible to create an enduring power of attorney (EPA) since 1 October 2007, when the Mental Capacity Act 2005 came into force, although an attorney can gill apply to register an EPA that was executed before then. EPAs have been superseded by lasting powers of attorney (LPAs) and, as a result, the title of this book has had to move with the times and reflect the change.
 
I cannot recall precisely why we decided that this edition would be Cretney & Lush on Lasting and Enduring Powers of Attorney, rather than on Enduring and Lasting Powers of Attorney, which would have been more appropriate both alphabetically and chronologically. I think it was partly to reflect the manner in which the legislation itself considers LPAs in priority to EPAs, but I suspect it was mainly because EPAs are now obsolescent and will eventually disappear. The turning point was reached as early as February 2008, only four months into the LPA regime, when the number of applications to register LPAs exceeded the number of applications to register EPAs. Since then the number of applications to register EPAs has been consistently lower than in the corresponding month a year earlier.
 
The transition from EPAs to LPAs has been far from popular, especially among members of the legal profession. Over a period of 20 years or so, they had become familiar with EPAs, and had forgotten their early antipathy towards the printed prescribed form, which I remember one indignant solicitor described as being 'like a DHSS form', and the whole registration 'palaver'. For those of us who are old enough to remember the introduction of EPAs back in 1986, there has been very much a sense of déjà vu. The following paragraph from Gwynn Davis's article, 'Research into enduring powers of attorney', which was published in Family Law in July 1991, 5 years after the introduction of EPAs, could apply almost word for word to LPAs:
 
'Some solicitors were disenchanted with the procedural requirements associated with registration and with what they saw as the deficiencies of the EPA form (this was, in fact, amended shortly after we conducted our interviews). Many of the EPAs for which registration was sought proved to be defective in one way or another. Also, some of the early applications to register were inept. The standard improved as the procedure became better known, but there continued to be a large number of failures and abandonments. Those few solicitors who had much experience of registration admitted that they had made mistakes in creating powers and had had applications rejected. Indeed, one firm told us that all the applications which they had made to register to date had been rejected.'
 
In other respects, however, LPAs seem to be less controversial than EPAs, and there are far fewer objections to registration. The Office of the Public Guardian is now the registration authority for both EPAs and LPAs, and, during the first 12 months after the legislation came into force, for every 1,000 applications the OPG received to register an LPA, the Court of Protection received only one application in respect of a defect or objection. It is unclear why there have been so few applications to the court, and it is unlikely that there is a single, straightforward answer. The most gratifying explanation would be that the policy objectives of the Mental Capacity Act 2005 have been achieved and are working satisfactorily.
 
The law is stated as at 1 January 2009.
 
Denzil Lush February 2009

Reviewer Wanted

Would you be interested in reviewing this book? (The Book Above) If you are interested in providing a review in about 500 words within 3 months or sooner then please contact us by e-mail at robjerrard@aol.com providing a small CV and your interest/or expertise in this particular book/subject. We do ask reviewers to agree to review within Approximately 3 months and to assist with costs, pay the postage from me to you. Publishers do not pay us and we do not pay you for reviews. Books not reviewed should be returned. We are looking for a positive commitment. The 1st book would be by way of a trial.

"Internet Law Book Reviews" aims to provide reviews of a high standard. For an indication of what is required please see this website. "Internet Law book Reviews" which currently attracts up to 1,200 visitors per day. We welcome all categories of reviewers. We reserve the right to edit reviews. Reviews submitted are for publication on this website and should not be submitted elsewhwere without consent.


Misuse of Drugs
Edition: First
Format: Paperback
Author: Leonard Jason-Lloyd
ISBN: 9781846611506
Publishers: Jordans
Price: £49
Publication Date: 2009
 
Publisher's Title Information
 

The Misuse of Drugs Act 1971 and its subordinate legislation represent a complicated and technical body of law, regulating a politically-charged and fast-moving area of the criminal law.
Written by an expert in this field, Misuse of Drugs is a succinct and focused guide to this area of law. This work explains the law regulating this area, includes commentary and details about the nature and classification of controlled drugs, together with legislation and supporting materials.
 
An essential book for all professionals in the criminal justice system who come up against the problem of drug misuse, including criminal solicitors and barristers, police, probation officers, social workers and youth workers, customs and excise officers, magistrates' and justices' clerks.
 
Contents

 
The development of drug controls
The unlawful possession of controlled drugs
Controls over the supply of controlled drugs
Controls over the production and manufacture of controlled drugs
Drug activities on premises
Inchoate offences
Offences against corresponding Foreign law
Police powers (and non-Police) to tackle drug offences
Sentencing powers of the Courts for drug offences
The characteristics and street names of the most commonly abused drugs
Appendix material includes
Misuse of Drugs Act 1971
Misuse of Drugs Regulations 2001 (extracts)
Police powers to stop and search
Powers of arrest without warrant
Maximum penalties
Medicinal and non-medicinal properties of controlled drugs

The Author
 
Leonard Jason-Lloyd
 
Visiting Fellow in Law, Midlands Centre for Criminology and Criminal Justice, Loughborough University and Visiting Lecturer in Law, School of Medicine, University of Leicester
 

Review
 
For many years Leonard Jason-Lloyd published a similar book with Elm Training of Huntingdon, Cambridgeshire. That book which reached its 12th Edition in 2008 is no longer available and is replaced by this one. This then really represents a 13th Edition of a well-written established book, by a respected writer who, inter alia, specialises in drugs and Police powers.
 
Those familiar with the Elm Training book will find this is virtually the same, but with updates. However it is no longer loose-leaf, which some may consider a retrograde step in a subject which is constantly changing, eg on Page 13 the author discusses the Misuse of Drugs Act 1971 (modification) (No 2) Order 2003, SI 2003/3201, which classifies cannabis as Class C instead of B. Two pages later he has to discuss the further reclassification of cannabis, when the Government announced it was Class B again as from 26 January 2009 (see SI 2008/3130).
 
One major change in this new book includes at Appendix 16 a copy of the Misuse of Drugs Act 1971. This act came onto the Statutes Book shortly after I became a Police Officer and my first introduction to drugs (apart from training) was dealing with addicts who attended a large 'Boots the Chemist' at Aldgate (London) when it opened early at 8am. I learned about Methadone, its use and effects. Young people virtually dying before my eyes, dying by degrees as they deteriorated. This drug was meant to wean them off heroin, which had already caused the damage.
 
All the relevant law is covered, from the development, unlawful possession and control over supplies and by Chapter 7 we reach the all-important powers of the Police (and non-Police).
 
For Police Officers all the relevant law is well covered in Blackstones' Police Manual 2009, Volume 1 Crime. However that does not cover sentencing, which is covered in Chapter 8 of this book. Police training manuals have never covered sentencing.
 
The author has included a particularly good chapter called 'The Characteristics of Some of the Most Commonly Abused Drugs' and albeit this does not appear in the Blackstones' Police Manuals it certainly would be included in Police Officers' training lessons at Training Centres. This chapter would assist those who have not had the advantage of practical training and the author actually points out that a particularly good book for this is 'Understanding Police Drugs: a Handbook of Substance Misuse for Parents, Teachers and Other Professionals' Jessica Kingsley, Second Edition 2006 by D Emmett & G Nice. See http://www.rjerrard.co.uk/law/kingsley/kingsley.htm#usdrugs
Also See http://www.rjerrard.co.uk/law/ashgate/ashgate.htm
And http://www.rjerrard.co.uk/law/rcpsych/rcpsych.htm
 
Some of these drugs have a long history and have even been used socially, eg I recall many women taking amphetamines in the 1960s as a means of reducing weight. I am sure we will all have heard of some of the tranquillisers such as Temazepam, (Restoril).
 
As the author points out in the Introduction 'the existing legal rules regarding the main aspects of drug control are highly complex, even to Lawyers'. With that in mind the author has set out to make it less complicated and to that end he has succeeded. I would recommend this book to any of the readership to which it is aimed, Teachers, Probation Officers, Police Officers, Customs Officers, drug workers, Prison Officers, Social Workers, care worker and medical staff.
 
We cannot afford to be complacent because the author tells us:-
 
'The funding of drug taking is now a major cause of certain criminal acts which are known as 'acquisitive crimes'. Recent research in selected areas has disclosed that over 80% of all persons arrested for shoplifting, domestic burglaries and theft of motor vehicles, tested positive for at least one controlled drug. The police have now developed an interventionist approach to drug-related crime instead of only adopting a purely law enforcement role. This is an endeavour to break the vicious circle or revolving door patterns of offending on the part of drug users.'
 
Rob Jerrard


Care Standards Legislation Handbook
Edition: 7th 2009
Format: Paperback
Author: His Honour Judge David Pearl
ISBN: 978 1 84661 165 0
Publishers: Jordans
Price: £49
Publication Date: March 2009
 

Publisher's Title Information
 
This seventh edition of the Care Standards Legislation Handbook collects in one place and presents in fully updated form all the legislation most needed by those involved in the workings of the regulatory systems, and the appeals processes, for care services in England and Wales.
The work has been substantially revised and expanded to provide an extensive and updated library containing the Health and Social Care Act 2008, The Care Quality Commission (Membership) Regulations 2008 and the Tribunal Procedure (Upper Tribunal) Rules 2008. Also included are other key statutory provisions, all relevant recent statutory instruments and Rules of the General Social Care Council.
 
Care Standards Legislation Handbook is an invaluable resource for all practitioners from the many and varied disciplines working in the field of care standards who need to understand the principles and duties underpinning the care regime.
 

Contents
 
Rights Of Appeal - Jurisdiction Table
 
Statutes
Care Standards Act 2000
Childcare Act 2006
Education Act 2002, ss 142-174, Schs 12 and 13
Education and Inspection Act 2006, ss 112-153
Health and Social Care Act 2008, ss 1-128, ss 146-160, Sch 9
Protection of Children Act 1999
Safeguarding Vulnerable Groups Act 2006
School Standards And Framework Act 1998, Sch 26
Statutory Instruments
Adoption Support Agencies (England) and Adoption Agencies (Miscellaneous Amendments) Regulations 2005
Care Homes Regulations 2001
Care Quality Commission (Membership) Regulations 2008
Childcare Act 2006 (Childcare Assessments) Regulations 2007
Childcare Providers (Information, Advice and Training) Regulations 2007
Childcare (Disqualification) Regulations 2008
Childcare (Early Years and General Childcare Registers) (Common Provisions) Regulations 2008
Childcare (Early Years Register) Regulations 2008
Childcare (Fees) Regulations 2008
Childcare (General Childcare Register) Regulations 2008
Childcare (Exemptions from Registration) Order 2008
Childcare (Inspections) Regulations 2008
Childcare (Provision of Information about Young Children) (England) Regulations 2008
Childcare (Provision of Information) Regulations 2007
Childcare (Supply and Disclosure of Information) (England) Regulations 2007
Childcare (Voluntary Registration) Regulations 2007
Children's Homes Regulations 2001
Domiciliary Care Agencies Regulations 2002
Early Years Foundation Stage (Exemptions from Learning and Development Requirements) Regulations 2008
Education and Inspection Act 2006 (Prescribed Education and Training etc) Regulations 2007
National Care Standards Commission (Registration) Regulations 2001
Nurses Agencies Regulations 2002
Private and Voluntary Health Care (England) Regulations 2001
Protection of Children and Vulnerable Adults and Care Standards Tribunal (Children's and Adults' Barred Lists) (Transitional Provisions) Regulations 2008
Safeguard Vulnerable Groups Act 2006 (Barred List Prescribed Information) Regulations 2008
Safeguarding Vulnerable Groups Act 2006 (Barring Procedure) Regulations 2008
Safeguarding Vulnerable Groups Act 2006 (Prescribed Criteria) (Transitional Provisions) Regulations 2008
Safeguarding Vulnerable Groups Act 2006 (Transitional Provisions) Order 2008
Tribunal Procedure (First-tier Tribunal) (Health, Education and Social Care Chamber) Rules 2008
Tribunal Procedure (Upper Tribunal) Rules 2008
Rules Of The General Social Care Council
General Social Care Council (Conduct) Rules 2008
General Social Care Council (Registration) Rules 2008
National Minimum Standards
Care Homes
Children's Homes
 

Reviews Of Previous Edition
 
"a valuable reference tool"
Solicitors Journal
 
"comprehensive reference work"
Association of Lawyers for Children
 

The Author
 
His Honour Judge David Pearl, Principal Judge, Care Standards
 

Introduction
 
The first edition of the Care Standards Legislation Handbook was published in 2002 with the aim of providing a collection of the major source material for those involved in the provision, commissioning and regulation of care services in England.
 
The book now enters its seventh edition in as many years. Each of the intervening years has produced considerable change, but none more so than the 12 months since the publication of the 2008 edition.
 
The Care Quality Commission, established by the Health and Social Care Act 2008, starts to operate on 1 April 2009. It has the statutory duty to regulate the quality of health and adult social care and look after the interests of people detained under the Mental Health Act. The three former regulatory bodies, namely the Commission for Social Care Inspection, the Healthcare Commission and the Mental Health Act Commission are abolished as from that date. The Commission has announced, in its consultation document published in December 2008, that the registration, inspection and enforcement of provision in independent healthcare and adult social care in 2009/10 will remain the same as in 2008/09 except that it intends to ensure that the 'inspection and enforcement processes are proportionate and targeted'. Therefore, 2009/10 is likely to be a transition year, before the new registration process comes into force in April 2010, and we can thus expect considerable activity in introducing statutory instruments during the course of the lifetime of this edition. Readers are advised to access any new material via the Care Quality Commission website (www.cqc.org.uk). The various National Minimum Standards remain the framework under which the various agencies operate. They are available at www.everychildmatters.gov.uk in the case of adoption support agencies, voluntary adoption agencies, children's homes and fostering services. They are available on the Department of Health website for Care Homes, Adult Placement Schemes, Domiciliary Care and Nurses Agencies (www.dh.gov.uk).
 
The Childcare Act 2006 became operational in September 2008. It introduces two new registers; the Early Years Register and the Childcare Register. The Childcare Register is itself divided into a compulsory register, for those who offer care for children older than the early years age group but under 8 years old. In some cases, for nannies and others who look after children in the parents' home, compulsory registration is not required. They may, however, register in the voluntary part of the register. Further information is available on the OFSTED website (www.ofsted.gov.uk).
 
This year, 2009, sees the implementation in full of the Safeguarding Vulnerable Groups Act 2006. This Act introduces, as from October 2009, two lists: (i) of those unsuitable to work with children (the children's barred list); and (ii) of those unsuitable to work with vulnerable adults (the adults' barred list). The lists are managed by the Independent Safeguarding Authority. There is an interim period that started on 20 January 2009, when employers have to refer all new cases to the ISA, who do the casework and who take the barring decision, rather than the Secretary of State. During this period, the decisions will be taken under current legislation relating to PoCA, PoVA and List 99. These lists, and the Disqualification Orders made by the courts under Criminal Justice and Court Services Act 2000, will be replaced by the new Vetting and Barring Scheme in October 2009 and persons on the existing lists are being migrated onto the new lists. Readers are advised to access the ISA website for up-to-date information (www.isa-gov.org.uk).
 
The Education and Skills Act 2008, Part 4 introduces new provisions relating to the Regulation and Inspection of Independent Educational Provision, although commencement dates have yet to be fixed.
 
This edition includes the Conduct Rules (2008) and the Registration Rules (2008) of the General Social Care Council. The Codes of Practice are available on the General Social Care Council website (www.gscc.org.uk).
 
The other significant change since the last edition has seen the creation of an entirely new appellate structure by virtue of the implementation of the Tribunals, Courts and Enforcement Act 2007. Appeals from decisions taken by CQC, OFSTED and GSCC go now to the First-tier Tribunal (Health, Education and Social Care Chamber); with appeals from there, with permission, to the Upper Tribunal (Administrative Appeals Chamber). Permission is required to appeal a decision taken by ISA; which go directly to the Upper Tribunal (Administrative Chamber).
 
Decisions of relevance to the subject matter of this collection are available on the relevant Tribunal Service website (www.carestandardstribunal.gov.uk) and the British and Irish Legal Information website (www.bailii.org/ew/cases/EWCST and www.bailii.org/uk/cases/
UKFTT/HESC). Readers are also referred to the Journal of Community Care Law and Social Care Law Today where some of the more important Tribunal and Higher Court decisions are reported and commented upon.
 
As with earlier editions, the collection excludes material that is specific to Wales.
 
His Honour Judge David Pearl February 2009

Reviewer Wanted

Would you be interested in reviewing this book? (The Book Above) If you are interested in providing a review in about 500 words within 3 months or sooner then please contact us by e-mail at robjerrard@aol.com providing a small CV and your interest/or expertise in this particular book/subject. We do ask reviewers to agree to review within Approximately 3 months and to assist with costs, pay the postage from me to you. Publishers do not pay us and we do not pay you for reviews. Books not reviewed should be returned. We are looking for a positive commitment. The 1st book would be by way of a trial.

"Internet Law Book Reviews" aims to provide reviews of a high standard. For an indication of what is required please see this website. "Internet Law book Reviews" which currently attracts up to 1,200 visitors per day. We welcome all categories of reviewers. We reserve the right to edit reviews. Reviews submitted are for publication on this website and should not be submitted elsewhwere without consent.


Child Case Management Practice
Edition: 1st
Category: Family Law
Format: Paperback
Authors: The Hon Mr Justice Ryder and Iain Goldrein QC
ISBN: 78 1 84661 031 8
Publishers: Jordan ( Family Law)
Price: £95
Publication Date: February 2009
 
Publisher's Title Information
 

The family courts dealing with public and private child law cases are inundated with work, involving huge amounts of paper. Far more effective is the creation of a file which, from the outset, focuses on material relevant to the judicial decision-making process. So for each particular issue, there needs to be an analysis of what the judicial hearing will actually require, with checklists, questionnaires etc specifying the information necessary to fulfil that ultimate objective.
 
Child Case Management Practice has been devised to meet that need. For every area of child law there is:
A succinct resume of the legal framework
A flowchart providing an overview of the relevant process from start to finish
Detailed consideration of what the court will actually require to achieve the result applied for (including a timetable to trial and the court's options/powers)
A checklist of all steps to trial (including model documents such as directions etc)
A Template Model Orders
A Case Digest
 
Child Case Management Practice
Reflects the new Public Law Outline
Generates best practice case management documents
Presents core skeleton arguments at a glance
Focuses on the Case Management record
Provides synopses of the law for all the major applications
Reduces the amount of paperwork
 
This major new work comes in a single annual volume to keep you abreast of the latest developments in law and practice.
 
Child Case Management Practice is designed for use by the Judiciary (including magistracy, justices' clerks, legal advisers),Barristers, Solicitors, Legal Executives, CAFCASS, Local Authorities, Guardians, Ministry of Justice, Experts and the Legal Services Commission.
 
Contents

 
Practice, Evidence and Procedure
Legal Aid
Jurisdiction
How to use the Public Law Outline
Expert Evidence
Genetics and Sudden Infant Death Syndrome
Proceedings by or against a Party under Disability
Case Digest
 
Private Law
Declaration of Parentage
Scientific Tests
Parental Responsibility Order
Residence/Contact Order
Specific Issue Order
Change of Name
Permanent Removal from Jurisdiction
Prohibited Steps Order
Special Guardianship Order
Child Abduction
 
Public Law
Local Authority Proceedings prior to Issuing Care Proceedings
Police Protection
Emergency Protection Order
Child Assessment Order
Appointment or Removal of Guardian
Care Order
Supervision Order
Regulating Contact with Children in Care
Secure Accommodation Order
Placement Order
Adoption Order
 

Author information
 
Editor-in-Chief:
The Hon Mr Justice Ryder
General Editor:
Iain Goldrein QC
 
Contributors:

Edward Devereux, Barrister, Harcourt Chambers, Her Honour Judge Diana Eaglestone, District Judge Claire Gilham, Anne-Marie Hutchinson, Partner, Dawson Cornwell, Jai Penna, Partner, Otten Penna, Malcolm Sharpe, Barrister, Atlantic Chambers, Catherine Shelley, Barrister, Young Street Chambers, Paula Tyler, Barrister, Young Street Chambers, June Venters QC, Managing Partner, Venters & Co, His Honour Judge Bernard Wallwork

Reviewer Wanted

Would you be interested in reviewing this book? (The Book Above) If you are interested in providing a review in about 500 words within 3 months or sooner then please contact us by e-mail at robjerrard@aol.com providing a small CV and your interest/or expertise in this particular book/subject. We do ask reviewers to agree to review within Approximately 3 months and to assist with costs, pay the postage from me to you. Publishers do not pay us and we do not pay you for reviews. Books not reviewed should be returned. We are looking for a positive commitment. The 1st book would be by way of a trial.

"Internet Law Book Reviews" aims to provide reviews of a high standard. For an indication of what is required please see this website. "Internet Law book Reviews" which currently attracts up to 1,200 visitors per day. We welcome all categories of reviewers. We reserve the right to edit reviews. Reviews submitted are for publication on this website and should not be submitted elsewhwere without consent.


Magistrate's Courts Criminal Practice 2009
Edition: 2009
Format: Hardback
Author: David L Brewer
ISBN: 9781846611209
Publishers: Jordans
Price: £150
Publication Date: 2008
 
Publisher's Title Information
 

An essential guide for advocates and officials in the Magistrates' courts
 
Combining authority with practicality, Magistrates' Courts Criminal Practice 2009 provides step-by-step advice on a vast array of court procedures following the normal progression of a case from cautions and commencement of proceedings right through to appeals, including a thorough treatment of the law and practice of evidence as it relates to cases in the magistrates' courts.
 

New for 2009:
 
New section dealing with civil applications in the Magistrates' Courts including ASBOs, Football Banning Orders and civil recovery of cash in summary proceedings under the Proceeds of Crime Act 2002.
Over 30 additional offences added to Elements of the Offence section, bringing the total to 150
New section dealing with Case Management
Sentencing materials expanded to include Sexual Offences Prevention Orders, Exclusion Orders, Football Banning Orders and Restraining Orders
Evidence section completely rewritten and restructured to ensure that advocates can readily identify points in the court room
The new Magistrates' Courts Sentencing Guidelines reproduced in full and references incorporated throughout the work
The Criminal Procedure Rules up to and including the 6th Update
Latest legislative changes including Criminal Justice and Immigration Act 2008 and the ongoing implementation and operation of the Criminal Justice Act 2003
 

Contents
 
Procedural Guides
Deals with the procedure of the court in 18 major sections, ranging from commencement of proceedings to sentencing and enforcement. The law and practice under each heading is explained through commentary and over 100 procedural guides.
Elements of the Offence
Includes, in a tabular form, details of over 150 offences, enabling advocates to identify quickly, which elements of the offences are disputed and which are not, as well as setting out available defences.
Statutes
Annotated and presented alphabetically, so finding what you need is quick and easy.
Statutory Instruments
All relevant SIs appear in amended form, annotated by the expert team of editors.
Practice Directions
Magistrates' Court Sentencing Guidelines and JSB Youth Court Bench Book
The full text is included on an accompanying CD-ROM - enabling you to access the work on your PC at the office or on your laptop at court.
 

Reviews to Date
 
"Magistrates' Court Criminal Practice is a book compiled by practitioners for practitioners. In providing clear procedural guides, backed up by statutory and case law references, and outlines of the elements of common offences (not to mention available defences), it allows advocates, Assistant Justices' Clerks and others whose work takes them into magistrates' courts to quickly check the essential legal features surrounding the case before the court with the minimum of effort. This is a book that succeeds in simplifying often complex issues, contributing to the drive for speedy justice, and it will prove an invaluable companion on the often tortuous road to understanding."
Chris Armstrong, President Of The Justices' Clerks' Society And Clerk To The Justices In Cumbria
 
"thorough and well-presented, covering all the substantial areas of criminal work...very readable"
Solicitors Journal
 
"a sound investment"
New Law Journal

Review

 
Jordans Magistrates' Criminal Practice has been around a number of years and is now established as a reference book. The book consists of 2574 pages, the first 747 pages being the essential manual, the rest being Statutes, Statutory Instruments, Practice Directions and Codes of Practice and Guidelines.
 
The relevant parts of a statute are printed, for instance part I of The Police & Criminal Evidence Act 1984 (Powers to stop and search) are not included. Some are omitted, EG The Fraud Act 2006. Of course coverage is for Magistrates so this is to be expected.
 
There is a very useful four years calendar at the front. It is a good, well-designed manual. Its contents are laid out in an excellent manner in seven parts: Also included is a CD ROM Version.
 
Part I Procedural Guides
Part II Elements of Offences
Part III Statutes
Part IV Statutory Instruments
Part V Practice Directions
Part VI Codes of Procedure and guidelines
Part VII Non-prescribed Forms
 
For those who practice in Magistrates' Courts it is essential that they have access to a single book, which is updated annually. The CD ROM is a bonus.
 
In this latest Edition the law is stated as at 1 October 2008. The Author points out that Legislative changes have continued to complicate criminal law since the last Edition was published and the difficulties of deciding what prospective statutory amendments should be included within the work was again a challenge to the contributors. One can certainly sympathise with anyone producing a book of this size and coverage.
 
The layout of the 2009 edition has not changed substantially though additional materials covering civil applications have been incorporated and the Elements of the Offence section have been expanded.
 
The new edition does cover The Criminal Justice and Immigration Act 2008, which has seen provisions implemented in June and July with further provisions coming into force in early November. The earlier provisions have been incorporated within this edition.
 
The Procedure Guides on Evidence have been rewritten and reorganised. They are now highly accessible and offer legal advisers and practitioners easy access to procedural advice on all the key evidential issues. Evidence is a complex and technical subject which can often cause problems in the courtroom, but the new Guides make finding answers, even when under pressure, as easy as possible.
 
It has not been possible to capture the new provisions for crediting a proportion of bail curfew with electronic monitoring days against custodial sentences.
 
The elements of the offences are clearly given, e.g. Burglary which sadly is a common offence, is listed under S9(1)(a) and S9(1)(b) and the relevant case law and other relevant statutes are given, R v Brown 1985, Theft Act 1968 S9(4), R v Collins 1972, R V Walkington 1979, Re AG's Reference No's 1 and 2 of 1979. Full references are given. This covers the ingredients of the offence. The offence is not actually defined and the full Statute itself is not given. Under the Theft Act only S.27 (Evidence and Procedure on a charge of Theft or Handing Stolen Goods) is given at page 1788 - one would have to look elsewhere for the rest of the statute. Other than that the ingredients are fully covered with each constituent part discussed at pages 699 to 702.
 
Practitioners would have to decide whether they prefer this layout or one where the offence is defined followed by the elements of the offence and sentence, EG compare this with Archbold Magistrates' Courts Criminal Practice or indeed the full Archbold or Blackstone's Criminal Practice.
 
Rob Jerrard


 
Sexual Offences
Edition: 1st
Format: Hardback
Author: Richard Card, Alisdair Gillespie and Michael Hirst
ISBN: 1846611223
Publishers: Jordan
Price: £75
Publication Date: 2008
 
Publisher's Title Information

Sexual Offences is a major new work providing a clear, detailed and authoritative analysis of this complicated area of criminal law. This new work builds on the success of Sexual Offences the New Law, which examined in detail the provisions of the Sexual Offences Act 2003. In contrast it deals with all sexual offences including non-statutory offences, and examines how the Sexual Offences Act 2003 operates in practice, looking in detail at supporting legislation, including the amendments to sexual offences law made by the Criminal Justice and Immigration Act 2008, and case-law.
 
Sexual Offences deals with the following matters:
Context of sexual offences law;
General matters relating to the Sexual Offences Act 2003;
Non-consensual sexual offences;
Child sex offences;
Abuse of position of trust;
Familial sex offences;
Child abduction;
Indecent photographs of children;
Offences against people with a mental disorder; prostitution;
Trafficking;
Preparatory offences; and offences against public decency.
Other matters such as evidence, anonymity of complainant and restrictions on reporting, the new law on sentencing dangerous sex offenders, notification requirements and preventative orders are dealt with in detail.
The full text of the Sentencing Guidelines Council's Definitive Guideline on the Sexual Offences Act 2003 is included.
 

Preface
 
Sexual offences law is never far from the public eye. This book is intended to provide a thorough exposition of that law as it applies in England and Wales.
The contents are not limited to the Sexual Offences Act 2003. Nevertheless, most of the chapters focus on its provisions. The Sexual Offences Act 2003 has now been in force for over 4 years. Since it was enacted, it has been amended in a number of significant respects and has attracted more than its fair share of appellate decisions. Taken together with developments relating to areas of sexual offences law outside the Act, it is now appropriate to provide an up-to-date exposition of and commentary on it.
 
The chapters relating to the offences under Part 1 of the Sexual Offences Act 2003 and the management of sex offenders under Part 2 of that Act build on, develop and update Sexual Offences - The New Law by the first-named author of this book, published in 2004. This new book, however, has considerably wider scope, dealing additionally with the law relating to prostitution and with child abduction, with relevant aspects of the law of evidence, with the sentencing of dangerous sex offenders and with rules about barring sex offenders from working with children or vulnerable adults.
 
In writing this book, we have tried to bear in mind the needs not only of the legal profession, but also of the magistracy, of members of police forces, of law students and of others who may read it.
 
For reasons of simplicity, where a third person pronoun has been employed, we have generally adopted the statutory convention of using the masculine pronoun. However, as in the case of statutory interpretation, 'he' includes 'she', unless the contrary intention appears.
We are grateful to Tony Hawitt and Cheryl Prophett and their colleagues at Jo rdans for seeing this book through to publication, for producing the Tables of Statutes and Cases and the Index. Above all, we are inordinately grateful to Rachel Card for her invaluable and extensive editorial work on our behalf. For the imperfections which remain, we are solely responsible.
We have summarised and explained the law as it was on 19 August 2008.
Richard Card
Alisdair Gillespie
Michael Hirst
Leicester, August 2008
 

The Authors
 
Richard Card, Emeritus Professor of Law, Alisdair Gillespie, Reader in Law, and Michael Hirst, Professor of Criminal Justice, all of Leicester De Montfort Law School, De Montfort University

LINKS

·         "Internet Law Book Reviews" Copyright Rob Jerrard 2008