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

Books by Jordan Publishing

& Family Law 2011
Anti-Social Behaviour Law
Edition: 2nd
Format: Paperback
Author: Jack Anderson, Damian Falkowski, Paul Greatorex, Benjamin Tankel
ISBN: 978 1 84661 162 9
Publishers: Jordan
Price: £45
Publication Date: June 2011

Publisher's title Information

Covers both general powers to deal with anti-social behaviour and specific powers to tackle particular problems. There are sections dedicated to landlords' and landowners' remedies, the maintenance of the local environment, and the difficult issue of dealing with children and parents. Useful appendices include up-to-date statutory provisions, a list of ASBO prohibitions, and government guidance and relevant websites.
This new edition includes new chapters on Closure Notices, Gang Injunctions, and Nuisance on NHS premises as well as a new section on Drinking Banning Orders. It considers the changes brought about by the Crime and Security Act 2010 and the Criminal Justice and Immigration Act 2008 as well as the ongoing operation of existing legislation, together with recent case-law and other developments such as government guidance. It also looks at the proposed changes to ASBOs and related orders.
Is essential reading for solicitors and barristers specialising in this area of law, professionals dealing with anti-social behaviour issues in local authorities, RSLs and housing trusts, the police, Youth Offending Teams and schools.

Contents
Introduction
Relevant Bodies, Powers and Duties
Evidential Considerations
General Powers for Dealing with Anti-social Behaviour
Powers of Police Officers and Police Civilians and General Criminal Offences
Byelaws
Anti-social Behaviour Orders
Harassment
Local Authority Injunctions under Section 222 of the Local Government Act 1972 211
Landlords' and Landowners' Remedies and Nuisance/Misuse of Land
Landlords' Remedies
Landowners' Remedies and Property Remedies
Closure Notices
Noise and Statutory Nuisances
Children
Remedies Specifically for Children and Young Persons
Remedies Against Parents
Education Remedies: Schools and Local Education Authorities
Specific Remedies
Alcohol and Public Drunkenness
Animals
Begging
Drug Dens
Fireworks
Graffiti and Fly-posting
Litter, Fly-tipping and Household Waste
Motor Vehicles, Taxis, Bicycles etc
Obstructions on the Highway and Annoyances in the Street
Prostitution and Related Issues
Raves
Nuisance or Disturbance on Hospital Premises
Gang Injunctions
Appendices
 
Index

Preface

This second edition is considerably larger than the first and this reflects the continuing attention that the subject of anti-social behaviour has received both from the legislature and from the courts. If the basic principles are now well-established, their application in particular cases can remain contentious.
Successive governments have both amended existing legislation and introduced new tools to address anti-social behaviour since the first edition of this book.
At the time this edition goes to press, the current government has embarked on a consultation on 'More effective responses to anti-social behaviour'. The new government claims that it is necessary to move beyond the ASBO but proposals for a new Criminal Behaviour Order and Crime Prevention
Injunction might be seen rather to build on and adapt the classic anti-social behaviour order than to represent a radical departure. We do not consider the government's proposals in detail as the consultation is at an early stage but we suspect and hope that much of the material on ASBOs covered in this book will be of use under the new regime, whatever shape it finally takes.
In addition to covering the substantial new case law that has emerged across the various topics addressed in this work, there are several new chapters. Specific provision has now been made in relation to causing nuisance and disturbance on NHS premises and a new gang-specific injunction has been devised specifically to address the problem of involvement with gangs. Closure notices and orders, originally introduced specifically to deal with drug dens, can now also be sought in relation to premises associated with anti-social behaviour more generally (see Chapter 11) and premises associated with certain prostitution and pornography related offences (see Chapter 25).
We have tried to state the law as at 21 March 2011.
We wish to thank again those of our colleagues who contributed to the first edition of this work (in particular Lisa Busch, Chris Buttler, Andrew Fraser-Urquhart, Saima Hanif, Richard Humphreys QC and James Strachan) and who have discussed certain issues in relation to this second edition, in
particular Philip Coppel QC and Paul Greatorex.
Finally, we would like again to offer our thanks to Tony Hawitt at Jordans for his support and, above all, patience in putting together this second edition.
Jack Anderson
Damian Falkowski
Benjamin Tankel
21 March 2011

Forward to the First Edition

Anti-social behaviour by adults and young people brings misery and havoc to the communities in which it occurs. In recent years we have taken great steps towards tackling this by giving public bodies the powers they need to take action and to ensure the unacceptable behaviour of a few individuals and families towards those around them is not allowed to go unchecked. I have made it a priority for this government to continue this work and to do even more to strengthen communities by promoting the values of respect and responsibility. We are determined to do as much as we can to support those who have the task of dealing with anti-social behaviour, but this is no good if they are not sufficiently aware of the powers that they have. The laws in this area are as varied as the problems which exist, and by drawing them all together in one place this book provides an invaluable service. It will enable practitioners to make informed and appropriate decisions about how to tackle the problems they face most effectively, and as such I am delighted to offer these words of support.The Prime Minister, Tony Blair
March 2006

Previous Reviews

"Should have broad appeal to both civil and criminal lawyers, as well as police officers and others involved in training. Case law coverage is superb" Crimeline
 
"Excellent ... invaluable for anyone tasked with obtaining or, for that matter, fighting an ASBO." Thames View

From Chapter One:

At the time of writing the second edition, Home Secretary Theresa May has embarked upon a consultation on more effective responses to anti-social behaviour but while there appears to remain a consensus that anti-social behaviour is a problem, the concept remains elusive.
The panoply of powers and remedies covered in this book shows that, in very many cases, there will be more than one remedy or course of action open to a body trying to deal with anti-social behaviour. Whilst it can be an advantage to have such a choice, it also means that the decision about which remedy to pursue must be made carefully. The powers that local authorities and other public bodies have been given in recent years to tackle anti-social behaviour are considerable and the courts will be astute to see that these powers are not exercised unfairly or otherwise unlawfully.

The Authors

Jack Anderson, Paul Greatorex, Damian Falkowski and Benjamin Tankel
All Barristers, 4-5 Gray's Inn Square


More information available on the Jordans Website on : Anti-Social Behaviour Law "2nd Edition 2011


Mental Health Tribunals
Law, Practice and Procedure
Edition: 1st
Format: Paperback
Author: Jonathan Butler
ISBN: 978 1 84661 139 1
Publishers: Jordans
Price: £67
Publication Date: March 2009

Publisher's Title Information

Criminal, Private Client, Immigration and Human Rights , Public Law
The practice and procedure of tribunals dealing with mental health reviews cases was substantially altered following the creation of a new First-Tier Tribunal in November 2008. The new Health Education and Social Care Chamber will comprise three existing tribunals including the old Mental Health Review Tribunal, now known as the First-Tier Tribunal (Health Education and Social Care) Mental Health. This change follows significant amendments to the mental health law as a result of the Mental Health Act 2007.
 
This book provides a guide to the new law and procedure and is a highly practical reference work for all those appearing before the tribunal and for tribunal members themselves. Detailed explanatory commentary about the organisation, procedure and jurisdiction of the tribunal is followed by an analysis of tribunal powers in relation to both non-offender and offender patients.
 
In addition to explanatory commentary the work is supplemented by a host of relevant materials including legislation and codes of practice, glossary of medical terms and commonly prescribed medication, providing a one-stop-shop for tribunal members and those appearing before the tribunal.
 

Contents

Tribunal Organisation and Composition
Origins, Constitution, Administration and Function of the First-Tier Tribunal (Health Education and Social Care) Mental Health
Role, Function and Powers of Members of the Tribunal
Tribunal Procedure and Jurisdiction
Tribunal Proceedings: Overview and Pre-hearing Procedures
Applications and References
Interaction between Mental Health Act 1983 and Mental Capacity Act 2005
Treatment and Treatability
Non-offender Patients
Detention and Discharge (Mental Health Act 1983, s2)
Detention and Discharge (Mental Health Act 1983, s3)
Detention and Discharge (Mental Health Act 1983, s7)
Detention and Discharge (Mental Health Act 1983, s25A)
The Responsible Clinician: Role, Function and Powers (Including After-care)
Approved Mental Health Professional: Role, Function and Powers
Nearest Relative: Role, Function and Powers
Remedies
Routes to Detention and Discharge Outside the Jurisdiction of the Tribunal
Special Provision for Children and Adolescents
Offender Patients
Offender Patients - Introduction
Detention and Discharge
Hospital Treatment
Criminal Jurisdiction
Role of Ministry of Justice
Responsible Clinician and Supervising Psychiatrist (Role, Function and Powers)
Approved Mental Health Practitioners and Social Supervisor (Role, Function and Powers)
Victims' Rights
Supporting Materials
Mental Health Act 1983 Code of Practice
Statutory Materials (Including Tribunal Rules and Practice Direction)
Mental Health Act 1983
Tribunals, Courts and Enforcement Act 2007
The Mental Health Act 2007 (Commencement No 6and After-care under Supervision: Savings, Modifications and Transitional Provisions) Order 2008
Practice Direction -First-Tier Tribunal (Health Education and Social Care Chamber) Mental Health Cases
The Tribunal Procedure (First-tier Tribunal) (Health, Education and Social Care Chamber) Rules 2008
Tabular Summary of Differences Between New Rules and Previous Rules
The Tribunal Procedure (Upper Tribunal) Rules 2008
Tabular Summary of First-Tier Rules; Upper Tribunal Rules
Civil Procedure Rules 1998
Claims for Judicial Review: A Procedural Guide

The Authors

Jonathan Butler, Barrister, Deans Court Chambers; part-time Tribunal Judge, First-Tier Tribunal (Health Education and Social Care) Mental Health; author of Community Care Law and Local Authority Handbook (Jordans)
Helen Wilson, Barrister, India Building Chambers, Liverpool

PREFACE

In describing the rationale for this book, I am not able to improve upon the introduction to Mental Health Review Tribunals Essential Cases (Kris Gledhill, Southside Legal Publishing Ltd, 2nd edn, 2009) where he states:
`The law relating to detention on the basis of mental disorder and the tribunal at the centre of applications for release should be settled and certain, given that it involves deprivation of liberty and a vulnerable population, two factors that make it important that the law be clear.'
The last book to be published exclusively on Mental Health Tribunals was by Larry Gostin and Phil Fennell (Mental Health: Tribunal Procedure, 2nd edn, Longman, 1992). This has been out of print since the early 1990s. The purpose of this book is to be of use to the entire spectrum of participants (from whichever perspective) who participate in Mental Health Tribunals. It is intended to provide clear and practical assistance in respect of not only the long-established principles behind Mental Health Tribunal's, but also to take the opportunity of covering the changes brought about by the Tribunals Courts and Enforcement Act 2007 and the amendments to the Mental Health Act 1983 (including the new Rules and the new Appellate Tier). If it contributes even in modest measure to clarity on the law and practice, then it will have achieved its objectives.
Finally, it should be noted that as from 3 November 2008, the term 'Mental Health Review Tribunal' ceased to exist (The Transfer of Tribunal Functions Order 2008, SI 2008/2833). The formal title of the new jurisdiction is 'The First-Tier Tribunal (Health, Education and Social Care Chamber) Mental Health'. However, in order to minimise confusion of terminology, the term 'Tribunal' is used to refer to both the old and new regime throughout the commentary. Where the term 'MHRT' is seen, this will be within material drawn from other sources (eg authorities or government guidance).

Jonathan Butler
India Buildings Chambers
Water Street,
Liverpool L2 OXG
March 2009

FOREWORD

This new publication, produced at a time of significant change in mental health law and practice, with the implementation of both the Mental Health Act 2007 and the Tribunals Courts and Enforcement Act 2007, is a very welcome addition to the material available to those concerned in the field of mental health law. The author is an experienced practitioner and part-time Tribunal Judge in the Mental Health jurisdiction. He brings a wealth of knowledge and understanding to this work and is to be congratulated on his understanding of the new legislation, Rules and Tribunal Structure
This is a very worthwhile contribution to an important and sensitive subject and will of real benefit to practitioners and others seeking an understanding of the law and practice.

His Honour Judge Phillip Sycamore
Chamber President of the First-Tier Tribunal
(Health Education and Social Care)
March 2009


More information available on the Jordans Website on : Mental Health Tribunals


Identification
Investigation, Trial and Scientific Evidence
Edition: 2nd
Format: Paperback
Author: Paul Bogan & Andrew Roberts
ISBN: 978 1 84661 236 7
Publishers: Jordan
Price: £60
Publication Date July 2011
 

Publisher's Title Information

This book provides an analysis of the powers and duties of police in the collection of identification evidence, and is a comprehensive guide to the various sources of identification evidence in the trial process, from disclosure to admissibility and jury directions. Finally, it offers a thorough insight into the methodology and admissibility of scientific and other expert means of personal identification.
Identification: Investigation, Trial and Scientific Evidence is the only work dealing exclusively with identification evidence. This new edition has been extensively revised and rewritten to take on board many new developments in law and practice, including:
· Expanded coverage of the psychology of visual identification
· Up-to-date text of Code D and new cases on its application and procedures
· Detailed examination of the bad character and hearsay evidence provisions of CJA 2003 and subsequent case-law
· Developments in Police identification using CCTV
· Legislative reform of police powers to take fingerprints and samples
· Scientific developments in the use of DNA and facial mapping
 
Essential reading for criminal practitioners, members of the judiciary, police and the Crown Prosecution Service

Contents

Introduction
Introduction to Code D
Visual Identification procedures and their application
Identification officer, notice to suspect and procedure selection
Conduct of visual identification procedures
Body marks, photographs, fingerprints and samples
Juvenile and other vulnerable suspects
Voice identification procedure
Disclosure
Evidence: admissibility and exclusion
Submission of no case
Jury directions
DNA profiling
Fingerprints and other skin impression evidence
Human Image Comparison (Facial Mapping)
Handwriting
Voice
Dog Tracking
Appendices

The Authors

Paul Bogan QC, Barrister, 23 Essex Street
Andrew Roberts, Senior Lecturer in Law, University of Melbourne

Contributors

DNA
Dr Georgina Meakin BSc (Hons), MSc, PhD
Carrie Mullen BSc (Hons), MSc
Both of The Forensic Institute, Glasgow
 
Fingerprints
 
1st Edition
 
Catherine Tweedy HNC, BSc(Hons), CBiol, AIBMS, MRSH, MlBiol
Forensic Scientist with Keith Borer Consultants in Durham
 
2nd Edition
 
Paul Newsham
Formerly, Head of Fingerprint Bureau, Staffordshire Police
 
Handwriting
Mike Allen BA (Hons), MSc
Consultant on all aspects of forensic documentation examination
 
Facial Mapping
Richard Neave
Medical Artist and Partner in RN-DS Partnership
 
Voice
Professor Francis Nolan
Department of Phonetics, University of Cambridge
 
Dog Tracking
Alan Gerrish

Reviews to Date

“'Identification'" is a gem of a book for practitioners because it brings together all the difficulties associated with adducing ID evidence on both sides”. Philip Taylor MBE, Barrister


More information available on the Jordans Website on : Identification - Investigation, Trial and Scientific Evidence 2nd Edition


The International Survey of Family Law 2011 Edition
Edition: 2011
Format: Hardback
Author: Professor Bill Atkin
ISBN: 978 1 84661 284 8
Publishers: Jordan
Price: £75
Publication Date: July 2011

Publisher's Title Information

The International Survey of Family Law is the International Society of Family Law's annual review of developments in family law across the world.
The 2011 Edition covers developments in over 20 countries written by leading academics and family law experts. Each article is accompanied by a French language abstract.
The 2011 Review begins with a round-up of the major developments in the international arena, and is followed by contributions from a diverse selection of countries where there have been important developments in family law, including:
Marriage and Sexual Orientation in Argentine Law
Gender Mainstreaming in the Family Law of The People's Republic of China
Adoption in Samoa
Matrimonial Property and its Contractual Regulation in Kazakhstan
Registered and Unmarried Partners in Denmark
Ten Years of Divorce Reform in Switzerland
General Editor Professor Bill Atkin, Victoria University of Wellington, New Zealand

Reviews to date

"a valuable resource" Family Law
"fascinating reading; an important global snapshot for family practitioners"
New Law Journal
"An essential publication for anyone with an interest in the international aspects of family law"
ChildRIGHT
"a fascinating account of the legislative direction of various jurisdictions and is an invaluable research tool" ChildRIGHT

PREFACE

Family law is no longer the simple study of the rules relating to marriage and divorce, with a few issues relating to children thrown in. That model is now long gone, if it ever really existed. In its place, the word 'diversity' rings much more truly, perhaps even more so if we say 'cultural diversity'. Family forms have changed and, for the most part, no longer is there the stigma that used to attach to non-marital relationships and same-sex couples.

Previous editions of the International Survey have explored these issues. This edition does so even more, especially as countries, most notably in the Western world, grapple with changing social phenomena. In some instances we find that marriage has been extended to same-sex couples. However, this is sometimes the beginning rather than the end of the matter, for this may raise other legal questions which have not properly been addressed. In some countries changes have been made to the law relating to unmarried couples without extending it to same-sex couples. Another major area of debate is how all of this affects parenting. This is especially acute where a same-sex couple intends to do the nurturing of a child.

The latter touches on another legal problem, viz surrogacy. How should the law treat two gay men who have used a surrogate in order to have a child of 'their own'? There are questions of status, immigration, and financing, not to mention the law on surrogacy itself. In short, as we scan developments in different parts of the world, we fmd very little international consensus. Caught in the middle is the child. As family lawyers how do we react? Let the market decide? Enforce bans on surrogacy especially if it is used for profit? Put the welfare of the child first? How do we decide what the welfare of the child is?

This edition covers many other important family law topics and I trust that it will prove valuable for all readers.

One regular contributor to the Survey, for very many editions, has been Frank Bates. He has faithfully produced his chapter on Australia on schedule every year. He has decided to make the 2011 edition his last contribution. His sterling efforts can only be admired and we are all extremely grateful to him.

Occasionally chapters are submitted in a non-English language. In the past Peter Schofield has freely and willingly done translations for us but following a severe stroke he is regrettably no longer able to assist. Our special thanks go to him and we wish him well. I must acknowledge the translation work done on the chapter from Argentina by Raquel Direnzo and Joss Opie. Life would have been very difficult without their help. The French chapter was translated by my research assistant, David Neild, and his sister, Susannah. Again, I am very thankful for this. David has been a wonderful research assistant, helping me with other chapters and other projects. We have worked very well together and share other interests such as music: David is a first rate pianist, which is a great counterpoint to the study of law.
Each chapter is headed by a French resume. Dominique Goubau, assisted by Hugues Fulchiron and his team in Lyon, has borne the responsibility for producing the French versions. Thanks are due to them, and also to our publishers especially Greg Woodgate and Cheryl Prophett who does the copy editing. Finally, I thank all the authors who have written such excellent pieces for this edition.

Bill Atkin, General Editor
Wellington, June 2011


International-Survey-of-Family-Law-2011


Civil Court Service 2011
Edition: 2011
Format: Hardback
Author: The Right Hon Lord Saville of Newdigate, District Judge Neil Hickman, The Right Hon Lord Justice Laws
ISBN: 978 1 84661 280 0
Publishers: Jordans
Price: £210
Publication date: March 2011
 

Publisher's Title Information

Covering the whole range of cases in the civil courts, in one portable volume Civil Court Service (the Brown Book) is relied upon by lawyers and judges nationwide.
Offering detailed procedural guidance and authoritative, concise annotation in one volume, the Civil Court Service 2011 is the perfect solution to those who want fast and reliable answers to a wide range of civil litigation problems from a team of prominent judges and leading practitioners.
 
Portable and comprehensive, Civil Court Service 2011 is the natural choice for the general civil litigator, especially in the county court. With over 60 procedural guides leading you through the key applications to the court, and concise expert commentary on the rules and relevant statutes, Civil Court Service 2011 gives you everything you need in one volume.

New for 2011

The 2011 edition is completely up-to-date with all the latest changes, including:
Important case-law such as Manchester City Council v Pinnock where the court held that in principle if a public body sought to evict an occupier from his home the proportionality of doing so could be considered by the county court
A raft of judgments such as Rajval Construction v Bestville Properties that provide helpful guidance on more common procedural requirements
The forthcoming 55th Update to the Civil Procedure Rules which will contain changes to Part 6 allowing address for service to be anywhere within the European Economic Area, amendments to Parts 74 and 78 to facilitate cross-border mediated settlements
Further amendments to the Mortgage Protocol introduced to ensure that the courts have the power 'to insist that repossession is always the last resort'

Key Features:
Procedural Guides
Over 60 Procedural Guides lead you through the procedural steps of key applications to the court. Each guide is cross-referenced to the relevant CPR Rule, Practice Direction or Statute. The guides are grouped according to the following subject areas:
Starting a Claim
Costs
Responding
Enforcement
Track
Tenancies and Possession of Land
General Procedure
Miscellaneous
Judgment
Appeals and Judicial Review
Fully Annotated Rules and Practice Directions
Rules and Practice Directions are annotated as appropriate by expert contributors. All Pre-Action Protocols and Court Guides are included.
Easy Navigation
The index is referenced to page numbers (as opposed to confusing paragraph numbers) for easy navigation. Subheadings in each annotation allow easy reference. Each procedural guide is cross-referenced to the relevant CPR Rule, Practice Direction or Statute acting as an alternative, subject-based, index to the main provisions.
Also includes
FREE CD-ROM
Contains the entire text of the book together with an additional library of approximately 100 statutes and over 20 statutory instruments. A number of forms are also available for completion on screen. Published in March and reissued in Autumn 2010 along with the book.
FREE Newsletter
Published six times a year, and keeping you up-to-date with all the latest important decisions in civil cases and the latest changes to the Rules.
Customers will be placed on standing order to receive copies of the Civil Court Service Newsletter, free re-issues and new editions until countermanded.
This CD-ROM is designed to run on Windows based systems. To check your system compatibility please contact our helpdesk on 01179 181496

Contents

Procedural Guides
Civil Procedure Rules and Practice Directions
Other Practice Directions
Pre-Action Protocols
Court Guides
Fees
Other Statutory Material
Miscellaneous

Reviews to date

""...by far the easiest of the civil court books to work with quickly; it is well laid out and has everything I need in one volume. The procedural guides and annotations are just about right and avoid prolixity." District Judge George Cawood, Portsmouth County Court
"a very impressive and comprehensive service ... easy to navigate" William Batstone, Barrister, Guildhall Chambers, Bristol
"very easy to use ... a vital aid" APIL Newsletter
“a matter of professional necessity to acquire your copy … very handy whether you're preparing a case or dealing with it in court and the CD saves massive time … the natural choice for the general civil litigator” Phillip Taylor MBE and Elizabeth Taylor, Richmond Green Chambers
"maintains the virtues of the original, while encampassing a wealth of new material which reflects the momentous changes and updates to the CPR"
"Civil Court Service 2010 has been called the natural choice for the general civil litigator, especially in the County Court" The Pears - Worcestershire Law Society


http://www.jordanpublishing.co.uk/online-services/litigation/civil-court-service-online


Mental Health - Law & Practice
Edition: 2nd
Format: Paperback
Author: Phil Fennell
ISBN: 978 1 84661 240 4
Publishers: Jordans
Price: £55
Publication Date: March 2011
 

Publisher's Title Information

Mental Health: Law and Practice is a comprehensive, authoritative and practical guide to the operation of mental health legislation in the UK.
 
This new edition builds on the success of Mental Health: The New Law (Jordans New Law Series) which was published in response to the Mental Health Act 2007.
 
This edition has been extensively revised to include all the latest developments including:
Changes to Tribunal system following the implementation of the Tribunals Courts and Enforcement Act
The Mental Health Act Code of Practice 2008
Introduction of the Deprivation of Liberty provisions and accompanying Code of Practice
Written by one of the country's leading experts in mental health law, Mental Health: Law and Practice is essential reading for all mental health legal advisers, Tribunal Judges, mental health practitioners and social workers.
 
The text of the Mental Health Act 1983 (as amended) is reproduced in full, together with selected provisions from other relevant statutes.

Contents

Background
Overview of the Mental Health Act 2007
'Mental Disorder' and the Availability of Appropriate Treatment
Statutory Powers and Responsibilities: the Powers and Duties of Mental Health Staff
Relatives, Independent Mental Health Advocates, and Hospital Managers
Powers of Detention under the Mental Health Act 1983 and the Mental Capacity Act 2005
Detention of Mentally Disordered Offenders
Compulsory Powers in the Community
Discharge and Review of the Lawfulness of Detention by Mental Health Review Tribunals and the Courts
Consent to Treatment for Mental Disorder
Children
Criminal Offences and Transfer of Patients Between Jurisdictions
Appendix
Index

The Author

Professor Phil Fennell; Cardiff Law School

Review

In the Preface the author tells us that the amendments introduced by the Mental Health Act 2007 to the Mental Health Act 1983, The Mental Capacity Act 2005 and the Domestic Violence, Crime and Victims Act 2004 have now been brought fully into force. Very helpfully a consolidated version of the MHA 1983 is provided in the Appendix: this saves the cost of purchasing the statute or looking online.

The Deprivation of Liberty safeguards in Schedule Al to the Mental Capacity Act 2005 came into force in April 2005. The first edition of the book did contain the full text of the Deprivation of Liberty provisions of the Mental Capacity Act 2005, and the amended provisions of the Domestic Violence, Crime and Victims Act 2004. This 2nd Edition does not contain these, however, the deprivation of liberty procedures and the relevant case law are discussed in detail in chapter 6, and the impact of the DVCVA 2004 is discussed in chapters 7 and 9.

The stated aim of the book is to explain mental health legislation and the relevant case law in a way which is accessible not only to professionals and students of mental health law, but also to service users, carers, and interested lay readers. The Mental Health Act 1983 and the Mental Capacity Act 2005 provide a comprehensive code of mental health legislation which requires a book of this standard to assist professionals. To that end it is a well structured text book with a full copy of the most relevant statute and, as such should achieve its aim.

Rob Jerrard


Children Act Handbook 2011/12
Edition: 2011/12
Format: Paperback
Author: Andrew McFarlane
ISBN: 9781846612855
Publishers: Jordan
Price: £49
Publication Date: May 2011
 

Publisher's title Information

Published annually, this book provides a single volume source of key children proceedings legislation and related guidance.
It contains consolidated and fully amended texts of the Children Act 1989 and relevant provisions of the Family Procedure Rules 2010. It meets the need for a reliable, up-to-date and yet still portable source and will be used in court by all child law practitioners, judges and social workers.

Contents

Statutes
Adoption and Children Act 2002 ss 1, 18-29, 52
Children Act 1989
Statutory Instruments
Allocation and Transfer of Proceedings Order 2008
Family Procedure Rules 2010
FPR Practice Directions and Guidance
Miscellaneous
Calendars 2009-2012
The Author
The Hon Mr Justice McFarlane
Reviews to Date
"essential ... it is a great boon to have all these materials in one relatively small volume ... this volume is a must" New Law Journal
 
"indispensable" Counsel
 
"a useful addition to the practitioner's family law library" ChildRIGHT
 
"recommended as an easy-to-use key source" Legal Executive Journal
 
"As good as ever"
Association of Lawyers for Children

Review

In their preface to the first edition the authors explain that in the ten years since the publication of Children Law and Practice, one drawback of the layout of the text had been that, in order to have both the commentary and the statutory material at court, it has been necessary for users to carry both volumes of the work with them. They further explain that this modestly sized handbook is being published in order to ease the physical burden on users by providing core statutory material in a portable supplement. It is fair to say that in 2011 compared to some works it is at 763 pages and weighing 1.3 kg still not that heavy, albeit is not best described as portable.

The author still maintains the objective of providing a useful addition to the family law library and the selection that he has selected made is sufficient to meet both the need for portability and the need to provide essential core material. The current author welcomes any suggestions for additional material. You can find a link to the Publisher's on this page.

The Children Act Handbook will be updated each year.

A must if you specialize in this field.


Rob Jerrard


The Bribery Act 2010
Edition: 1st
Format: Paperback
Author:
ISBN: 978 1 84661 194 0
Publishers: Jordans Publishing
Price: Eoin O'Shea
Publication Date: July 2011

Publisher's Title Information
 
The Bribery Act is among the most controversial pieces of legislation of recent years. It creates a comprehensive scheme of bribery offences that will revolutionise courts' and prosecutors' responses to bribery at home or abroad. It will also force big changes to how businesses deal with bribery.
 
The Bribery Act 2010: A Practical Guide provides the most detailed and up-to-date analysis of this important new legislation. It deals with the law in context, covering the general bribery offences, bribery of foreign public officials and the specific bribery offence applicable to businesses alone.
 
The book deals with the latest government and prosecution guidance in depth, and separately considers particularly controversial topics such as facilitation payments and corporate hospitality. Related offences and civil liability for bribery are also covered. The text provides practical guidance on compliance procedures in line with the new Act and explains the impact of the new legislation using examples and worked scenarios.

Contents

Introduction and Historical Background
General Offences: Active Bribery
General Offences: Passive Bribery
Relevant Functions and Activities
Improper Performance
The Expectation Test
Bribery of Foreign Public Officials
Failure of Commercial Organisations to Prevent Bribery
The Adequate Procedures Defence, the Section 13 Defence, Dues and Necessity
Consent to prosecution, Enforcement Priorities and Penalties
Territorial Application
Accessory Liability, Inchoate Offences, Related Offences and Extradition
Civil Liability
Particular Problems: Hospitality, Promotion, Facilitation Payments, Extortion and Mergers
Appendices
The Bribery Act 2010, Explanatory Notes, Ministry of Justice Guidance, Section 9 of the Bribery Act 2010, Joint Prosecution Guidance on the Bribery Act, The OECD Convention on Combating Bribery, Official Commentaries to the OECD Convention, The United Nations Convention Against Corruption, List of Useful Websites

Forward

Bribery and corruption have been an affliction of many societies from time immemorial. In 1693, William Penn pithily expressed a view many may share: 'The taking of a bribe or gratuity should be punished with as severe penalties as the defrauding of the state.' In more recent times in 2004, Kofi Annan, the then UN Secretary General described its effects:
 
'Corruption is an insidious plague that has a wide range of corrosive effects on societies. It undermines democracy and the rule of law, leads to violations of human rights, distorts markets, erodes the quality of life and allows organised crime, terrorism and other threats to human security to flourish. This evil phenomenon is found in all countries - big and small, rich and poor - but it is in the developing world that its effects are most destructive. Corruption
hurts the poor disproportionately by diverting funds intended for development, undermining a government's ability to provide basic services, feeding inequality and injustice and discouraging foreign aid and investment. Corruption is a key element in economic underperformance and a major obstacle to poverty alleviation and development.'
No-one could but agree with these remarks, for reasons the author clearly explains in Chapter 1.

Much more difficult is finding the right means of preventing and punishing bribery and corruption, particularly where these crimes cross national boundaries. The Bribery Act of 2010 is the response of the United Kingdom by setting its law in a modern context and in line with its international obligations.
 
The preparatory work by the Law Commission was thorough. The Act is based on its draft proposals and draft bill. After some political controversy and the publication of the guidance under s 9 issued by the Secretary of State, it comes into force as this comprehensive book is published.
 
The book has been the product of immense industry, reflection and thought. It carefully traces the history of the legislation and then sets out in successive chapters a detailed and clear analysis of the legislation. It helpfully contains a number of appendices, containing not only the text of the Act and the explanatory notes but the guidance given under s 9, the DPP's guidance and the OECD Convention and its commentary. One helpful feature is that it
contains references to broader principles which provide a useful introduction to areas of the law with which some readers might not be familiar, but which are necessary to understand the operation of Act.
 
This book identifies the difficult issues of interpretation and attempts to answer them, as the author modestly claims. I have no doubt it will be of considerable assistance to the courts when such issues arise for decision, even if the answers given may sometimes differ from those elegantly suggested by the author.
 
It helpfully examines the practical implications of the legislation for companies and individuals in a way many will find useful. It tackles the issues relating to the likely policy of enforcement and prosecution. This last is an area to which much thought is now being given, for without effective, speedy and appropriate methods of enforcement and punishment, the Act will be seen as having failed its purpose.
 
Lord Justice Thomas
June 2011

Coming Soon - The Bribery Act audioCPD

Up-to-the minute, fully accredited podcast, from leading expert Eoin O'Shea.
 
You can listen directly from your computer or download onto an MP3 player/iPod/iPad. From just £25 this 30 minute session offers 1hour CPD.
 
Keep an eye on our website www.jordan-training.co.uk/audioCPD or email sales@jordanpublishing.co.uk to be the first to receive the latest information.

Listen Now ( As at 13th July 2011 still available
Eoin runs through the Bribery Act on the BBC Radio 4 Today Show. Click here to listen to the interview on www.news.bbc.co.uk/today.

Review

The Bribery Act 2010 came into force on the 1st July 2011.

Prior to the Act, bribe was based on the Public Bodies Corrupt Practices Act 1889, the Prevention of Corruption Act 1906 and the Prevention of Corruption Act 1916, a body of law described as "inconsistent, anachronistic and inadequate". This is a very comprehensive and welcome book and Practical Guide on an important new statute. The Ministry of Justice have issued Guidance about procedures which relevant commercial organisations can put into place to prevent persons associated with them from bribing (section 9 of the Bribery Act 2010).

“Bribery blights lives”. Its immediate victims include firms that lose out unfairly. The wider victims are government and society, undermined by a weakened rule of law and damaged social and economic development. At stake is the principle of free and fair competition, which stands diminished by each bribe offered or accepted. The Bribery Act 2010 received Royal Assent on 8 April 2010. A full copy of the Act and its Explanatory Notes can be accessed at: www.opsi.gov.uk/acts/acts2010/ukpga_20100023_en_1

The Act creates a new offence under section 7 which can be committed by commercial organisations which fail to prevent persons associated with them from committing bribery on their behalf. It is a full defence for an organisation to prove that despite a particular case of bribery it nevertheless had adequate procedures in place to prevent persons associated with it from bribing. Section 9 of the Act requires the Secretary of State to publish guidance about procedures which commercial organisations can put in place to prevent persons associated with them from bribing. This document sets out that guidance. The book also contains the statute at appendix A. The Ministry of Justice Guidelines are appendix B. The Guidance on s9 is appendix C, appendix D is a “Quick Start Guide”.

This is a very complete guide which I highly recommend.

Rob Jerrard


Magistrates' Courts Criminal Practice 2011
Edition: 2011
Format: Hardback with CD ROM
Author: David Brewer
ISBN: 978 1 84661 2 732
Publishers: Jordan Publishing
Price: £199
Publication Date: Feb 2011

Publisher's Title Information

Designed to combine authority with practicality, this work provides step-by-step advice on a vast array of court procedures
Magistrates' Courts Criminal Practice 2011 provides, in one volume, a complete reference work for advocates and officials in the Magistrates' courts. Designed to combine authority with practicality, it 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.
Key Features:
Procedural guides provide a step-by-step summary of the main procedures supported by references to the legislative framework and case-law
Elements of the offences includes details of over 155 offences, enabling advocates to identify quickly which elements of the offences are disputed and which are not, as well as setting out available defences
Statutory materials are presented alphabetically, so finding what you need is quick and easy
The full text is included on an accompanying CD-ROM enabling you to access the work on your PC at the office and on your laptop at court
New for 2011:
Magistrates' Courts Criminal Practice has been fully updated for 2011 to include:
Latest legislative changes including Crime and Security Act 2010, the Coroners and Justice Act 2009, and the Policing and Crime Act 2009
The Criminal Procedure Rules 2010 up to and including the 2nd amendment due to come into force in April
Coverage of the Youth Court Bench Book 2010 including key extracts

Contents

Table of Statutory Instruments
Table of Cases
Table of Practice Directions
Table of PACE Practice Directions
Table of Abbreviations
PART I: Procedural Guides
SECTION A: CAUTIONS AND PENALTY NOTICES FOR
DISORDER
SECTION B: COMMENCEMENT OF PROCEEDINGS
SECTION C: LEGAL ADVICE AND REPRESENTATION
SECTION D: CONSTITUTION AND JURISDICTION
SECTION E: ADJOURNMENT, BAIL OR CUSTODY
SECTION F: INDICATION OF PLEA, ADVANCE
INFORMATION, MODE OF TRIAL AND PLEA
SECTION G: SUMMARY TRIAL (NOT GUILTY PLEA)
SECTION H: SUMMARY TRIAL (GUILTY PLEA)
SECTION I: SENDING AN ACCUSED FOR TRIAL,
COMMITTAL FOR TRIAL AND TRANSFER FOR TRIAL
SECTION J: EVIDENCE
SECTION K: SENTENCING IN THE ADULT COURT -
OFFENCES COMMITTED ON OR AFTER 4 APRIL 2005
SECTION L:YOUTH COURT
SECTION M: ROAD TRAFFIC ENDORSEMENT
SECTION N: OFFENDERS SUFFERING FROM MENTAL
DISORDER
SECTION O: ENFORCEMENT
SECTION P: MISBEHAVIOUR IN A MAGISTRATES' COURT
SECTION Q: CIVIL APPLICATIONS
SECTION R: APPEALS
PART II: Elements of Offences
PART III: Statutes
PART IV: Statutory Instruments
PART V: Practice Directions
PART VI: Codes of Practice and Guidelines
Index
Editors
General Editor:
David Brewer, Barrister, Clerk to the Justices, HM Courts Service, Wiltshire; and a President of the Justices' Clerks Society
Contributors:
Juan Batchelor, Solicitor, County Legal Information Officer, HM Courts Service, Wiltshire,
David Chidgey, Barrister, Albion Chambers
Matthew Donkin, Barrister, Zenith Chambers
John Hope, Barrister, Deputy Clerk to the Justices, HM Courts Service, Wiltshire
Anesh Pema, Barrister, Zenith Chambers
Christopher Rose, Barrister, New Court Chambers
Alessandro Roveri, Solicitor, Legal Team Manager, HM Courts Service, Devon and Cornwall
Richard Ward, Solicitor, Emeritus, Professor of Public Law, De Montfort University
Nicholas Wattam, Solicitor, Deputy Clerk to the Justices, HM Courts Service, Thames Valley

Reviews to date

"For clarity, ease of reference and razor sharp analysis, this book is essential for any criminal practitioner" John Cooper, Criminal Law & Justice Weekly
 
"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

Introduction

My prediction in the introduction to the last edition of Magistrates' Courts Criminal Practice (that the resourcing of courts would be greatly reduced) has proved accurate and significant reductions in the number of magistrates' courts sittings and in the provision of resources to the criminal justice agencies are being made.

Existing ways of dealing with criminal offences outside the courtroom will, as a result, no doubt increase in importance and further informal resolution of offences will be developed. Courts will, nevertheless, be subject to enormous pressure to cope with the workload of cases subject to formal resolution and everyone involved with the courts will need to operate as efficiently and effectively as possible.

Prompt and accurate preparation of contested cases in particular will continue to be demanded of advocates and parties and I hope that the extended section dealing with the elements of most common offences will help advocates ensure that their trials concentrate on key disputed areas.
The new Government is consulting on sentencing and there may well be significant changes particularly in community orders and in the structure of sentencing decisions. At the same time, the new Sentencing Council is undertaldng consultation on a new template for sentencing guidelines. There are also signs that the requirement to give detailed indications of seriousness and sentencing objectives to the Probation Service when adjourning for reports may be modified or, in some cases, removed.

Despite the resource restrictions, everyone involved in the criminal justice system will therefore be required to deal with yet further changes in criminal procedure and sentencing and so it becomes of even greater important that there is ready access to the detailed procedures currently in force.

I hope that in stating the law as at 1 February 2011 this edition of Magistrates' Courts Criminal Practice will provide that access and will assist practitioners in facing the challenges of the coming year.

David L Brewer Chippenharn
February 2011

Review

Jordans Magistrates' Criminal Practice has been around a number of years and is now established as a reference book. The book consists of 2801 pages, the first 758 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. 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 six parts: Also included is a CD ROM Version.

In a previous edition the Editor 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 assume this is still the case and certainly sympathise with anyone producing a book of this size and coverage.

The layout of the 2011 edition has not changed substantially.

The new edition does cover latest legislative changes including Crime and Security Act 2010, the Coroners and Justice Act 2009, and the Policing and Crime Act 2009

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.

Currently there is an issue with the CD ROM because it will not work with Windows 7 or Visa on my computers.

Rob Jerrard


A Modern Approach to Wills, Administration and Estate Planning (With Precedents)
Edition: 1st
Format: Hardback and CD-ROM
Authors: Christopher Whitehouse, Professor Lesley King
ISBN: 978 1 84661 271 8
Publishers: Jordan Publishing
Price: £85
Publication Date: January 2011
 

Publisher's Title Information

The book begins with an examination of the essential legal framework which underpins this area of practice looking in turn at wills, trusts and taxation through a combination of detailed and authoritative commentary, worked examples and expertly drafted precedents. It then examines specific topics including:
The transferable nil rate band
Using immediate post-death interests
Provision for minor children
Pilot trusts
Instruments of variation and disclaimer
Tax efficient administration
Agricultural property relief/business property relief
The authors' narrative commentary is supplemented by 40 precedents which are included on an accompanying CD-ROM, allowing users to download and adapt each document as necessary.

Contents

Essential wills law
Essential trust law
Essential tax law
The impact of the transferable Nil rate band
Using immediate post-death interests
Provision for minor children
Pilot trusts
Instruments of variation and disclaimer
Tax efficient administration
Tax efficient administration
Agricultural property relief/business property relief
Index
The Authors
Professor Lesley King, Private Client Practice Head, The College of Law
Christopher Whitehouse, Barrister, 5 Stone Buildings

Review

The Authors point out in the preface that, 'For the professional adviser, the position entering the second decade of the 21st century is clouded with uncertainty'. The book has a long title; in fact a three-line, 11-word title. Estate tax planning is the book's primary focus. There are 385 pages. The Authors do explain in the preface that their original idea was to deal with common will drafting and estate administration problems primarily through a series of precedents accompanied by some commentary, but it developed into a bigger book with commentary taking over from precedent.

The book is divided into two parts, containing three and seven chapters respectively. The first part provides a general overview of the law governing wills and trusts and the taxes that apply in this context; the second addresses specific aspects of tax-efficient estate planning and estate administration.

The first two chapters provide an overview of the legal framework governing wills and trusts. Chapter 2 contains an analysis of powers of advancement, appointment, resettlement, maintenance and appropriation, and the fiscal consequences of each. The third chapter summarises the fundamentals of inheritance, capital gains and income tax as they apply in the private client context.

The remainder of the book addresses certain specific tax planning issues and each chapter is supplemented by a number of precedents, which are cross-referred to in the commentary.

Electronic copies of all the precedents are supplied on the accompanying CD-ROM, which I found easy and quick to install. The precedents are arranged by chapter and automatically open as Microsoft Word files. To open each file you are required to use Control plus left click on the mouse at the same time.This worked fine apart from the fact that it also started up a small piece of software I have called webword. There is a good index and tables of cases and statutes are provided.

Both book and CD will be welcomed by practitioners who specialise in this field because as pointed out, 'Will drafting in all but the simplest cases is technically challenging and competitive'.

Rob Jerrard


Abuse of Process
Edition: 2nd
Format: Paperback
Author: Colin Wells
ISBN: 978 1 84661 229 9
Publishers: Jordans
Price: £55
Publication Date: Feb 2011
 

Publisher's Title Information

Abuse of Process examines the concept of abuse of process and how it operates within the criminal justice system. This guide deals with the practicalities of how to make applications to stay proceedings on the basis that an abuse of process has occurred. It deals with abuse of process relating to the proper procedure of suspects detained at a police station, the disclosure of documents, delay and the preparation of cases generally, and also includes an examination of key judgments from Strasbourg and the Supreme courts of Australia, New Zealand, Canada and the US.
This new edition covers all recent changes to the law including leading judgments such as Mc E v Prison Service of Northern Ireland [2009] UKHL 15, R v Hamza [2007] Crim LR 320, and Spiers v Ruddy [2007] UKPC D2, as well as a new section on the Inability to Participate.
The appendices contain a number of expertly-drafted skeleton arguments as well as key materials including Attorney General's Guidance on Disclosure, Code for Crown Prosecutors and Code of Practice under Part II of the Criminal Procedure and Investigations Act 1996.
With practical and and tactical advice this is essential reading for all criminal solicitors, barristers, judiciary and police

Contents

Foreword by Rudi Fortson QC
Preface
Table of Cases
Table of Statutes
Table of Statutory Instruments
Table of European Material
Table of International Material
Table of Codes of Practice
Introduction
Abuse of Process at the Police Station
Forums for Raising Abuse of Process
Disclosure
Entrapment
Delay
Non-Availability of Evidence
Unfair Conduct, Abuse of Executive Power
Adverse Publicity
Ability to Participate in Criminal Proceedings
Tactical and Procedural Considerations
Appendix A
Home Office Circular 016/2008: Simple Cautioning - Adult Offenders 269
Appendix B
The Code for Crown Prosecutors
Appendix C
Attorney General's Guidelines on Disclosure
Appendix D
Criminal Procedure and Investigations Act 1996 (s 23(1)) Code of
Practice under Part II
Appendix E
Schematic overview of the disclosure process
Appendix F
Skeleton Arguments
Appendix G
Resources
Index

Forward

In DPP v Alexander [2010] EWHC 2266 (Admin) Lord Justice Stanley Burnton remarked (at para 8), correctly, that 'the doctrine of abuse of process is to be narrowly confined. It is only in very special circumstances that a defendant who would otherwise receive a fair trial is entitled to avoid his trial by showing that his prosecution is indeed an abuse of the process of the court.'
Similar observations have been made by other judges following the leading decision of the House of Lords in Connelly v DPP [1964] AC 1254. However, even a quick glance at the Law Reports will reveal that the courts hear many applications each year for proceedings to be stayed on the grounds of abuse of process. This is hardly surprising because, as Lord Morris of Borth-y-Gest explained in Connolly (at 1301): 'a court which is endowed with a particular
jurisdiction has powers which are necessary to enable it to act effectively within such jurisdiction . . . to enforce its rules of practice and to suppress any abuses of its process and to defeat any attempted thwarting of its process'. The power to stay proceedings on such grounds is invaluable to ensure that prosecutions are pursued with regard to Convention rights, and check oppressive conduct.

Although many decisions are illustrative of established principles, a significant number mark out the boundaries of applications that may, or may not, be properly made on the grounds of abuse. Thus, in LM and Others [2010] EWCA Crim 2327, Hughes LJ pointed out (at para 15) that the criminal courts in England and Wales do not decide whether a person ought to be prosecuted or not: 'They decide whether an offence has been committed. They may, however,
also have to decide whether a legal process to which a person is entitled, or to which he has a legitimate expectation, has been neglected to his disadvantage.' In Yam v The Queen [2010] EWCA Crim 2072, the Court of Appeal had occasion to reflect on circumstances in which it would or would not be unfair to proceed with a prosecution which is inconsistent with a properly arrived at previous acquittal or conviction, or cases where successive prosecutions of the same person on the same facts upon charges of ascending gravity would be unfair (considering Sambasivam v Public Prosecutor, Malaya [1950] AC 1340).

Given the wealth of case-law, and the seemingly infinite circumstances in which legal practitioners will be required to consider whether an application to stay proceedings ought to be advanced or not, the practitioner is faced with a daunting task of identifying the salient principles of law. For busy judges the task is no less burdensome. Fortunately, that task is considerably eased thanks to the skill of Colin Wells and a team of other leading criminal law
practitioners (namely, Paul Hynes QC, Carolyn Robson, Kris Gledhill and Nev Niyazi) who have combined their talents to produce Abuse of Process, a renowned work that is now in its second edition.
The book will be invaluable to all those who need both theoretical and practical guidance in relation to this area of the law. As the contents page makes clear, the work addresses a wide range of relevant topics, including adverse publicity and a defendant's inability to participate in the proceedings (in that regard consider the Law Commission's Consultation Paper No 197:
'Unfitness to Plead').
 
Rudi Fortson QC
25 Bedford Row, London; Visiting Professor, Queen Mary, University of
London

The Authors

Colin Wells
Barrister, 25 Bedford Row
Contributors
Paul Hynes QC
Barrister, 25 Bedford Row
Carolyn Robson
Barrister
Kris Gledhill
Barrister
Nev Niyazi
Senior Partner, McKenzies Solicitors
Review to Date
“the analysis throughout is tight and regularly infused with original practical scenarios”
CRIMINAL LAW REVIEW
“a great addition to the chambers”
THE BARRISTER

Review

The Author tells us in the Preface that, 'The abuse of process principle is alive and kicking in criminal proceedings'. This is true; it has featured in many new areas of the criminal justice system. Since 2006, when the first edition of this book was published, there have been new criminal offences, sentencing and confiscation provisions.

The book considers four major new pieces of legislation, the Coroners and Justice Act 2009, the Policing and Crime Act 2009, the Bribery Act 2010 and the Crime and Security Act 2010 and considers and examines the vast number of new abuse of process cases which have been decided since 2006, covering a diverse range of new factual, legal and social situations, including the ever increasing use of European Arrest Warrants, the growing confiscation jurisprudence, human trafficking cases, terrorism and cases decided outside of England and Wales.

This updated version is welcome at this time and I am sure it will be as well appreciated as the 1st Edition was.

Rob Jerrard


The Rights of the Child - Law & Practice
Edition: 1st
Format: Hardback
Author: Alistair MacDonald
ISBN: 978 1 84661 210 7
Publishers: Jordan
Price: £75
Publication Date: March 2011
Rights of the Child, The
Law and Practice

Publisher's Title Information

This new title is the first dedicated practitioners' text to deal comprehensively with the rights of the child in the context of day-to-day practice within domestic jurisdiction.
It enumerates and discusses the law and practice of children's rights, with a view to facilitating the greater articulation and consistent application of these rights in day-to-day legal practice. The book contains chapters dealing with each of the key rights and their application within the domestic courts, as guaranteed by European and International instruments such as the United Nations Convention on the Rights of the Child.
The Rights of the Child: Law and Practice provides a detailed reference text for legal practitioners dealing with and representing children and families in England and Wales. It examines fully the relevant case-law and appends the key legal instruments.
This is essential reading for all child law practitioners including barristers, solicitors, social workers, CAFCASS officers, probation officers and the Youth Offending Service, local authorities, law students and academics.

Contents

Foreword by Lady Hale
Introduction
Legal Frameworks and Institutions
Domestic Application and Enforcement
Overarching Principles
The Child's Right to Life, Survival and Development
The Child's Right to Participate
The Child's Right to Identity
The Child's Right to Family Life
The Child's Right to Private Life
The Child's Right to Freedom of Thought, Conscience and Religion
The Child's Right to Freedom of Expression
The Child's Right to Freedom of Association, Peaceful Assembly and Movement
The Child's Right to Education
The Child's Right to Liberty and Security of the Person
The Child's Right to Freedom from Harmful Treatment
The Child's Right to Fair and Equal Treatment under the Law
Conclusions
Appendices: UN Convention on the Rights of the Child, European Convention on Human Rights and Fundamental Freedoms, Human Rights Act 1998

Forward By Brenda Hale

It is no mean feat to write a textbook for domestic practitioners about the relevance of the international law on children's rights to their day to day work in this country. After all, most of the relevant international instruments, and in particular the United Nations Convention on the Rights of the Child, have not been directly incorporated or transformed into our domestic law. A child cannot sue if her rights under that Convention have been breached. She cannot even make a complaint to the United Nations Committee on the Rights of the Child. So why should a practitioner in the United Kingdom concern himself with that or any other unincorporated Convention? Has he not got enough to
worry about?

These questions can be answered on many levels. But the most compelling for a practitioner is that without having somewhere to look up the latest learning on children's rights you may miss something important about a case. Take the recent decision of the Supreme Court in ZH (Tanzania) v Secretary of State for the Home Department [2011] UKSC 4. There is no power to remove, expel or deport British citizens from this country. Yet if a non-citizen parent is removed, she may have no choice but to agree to take her children with her, and if she does so her children will also have no choice. Their individual rights, interests and views might not be taken into account. Until recently, this was all
taken for granted.

The Supreme Court held that the best interests of these children had to be a primary consideration in assessing whether removing a parent would be a disproportionate interference with the right of all the family members to respect for their private and family lives, contrary to article 8 of the European Convention on Human Rights. The European Court of Human Rights in Strasbourg has given more and more weight to the Convention on the Rights of the Child in recent years. Article 3 of the Convention requires that in all actions concerning children, whether undertaken by social welfare institutions, courts of law, administrative authorities or legislative bodies, the best interests of the child shall be a primary consideration. This does not mean that they trump all other considerations. But it does mean that they must be considered first and given great weight. Citizen children should not be deprived of their right to live, grow up and be educated in their own country, culture and language without very strong countervailing considerations. Nor should they have to suffer for their parents' misdeeds.

Article 3 has found its way into our domestic law in other ways. The United Kingdom Borders Agency, for example, now has an explicit duty, under s 55 of the Borders, Citizenship and Immigration Act 2009, to discharge its functions 'having regard to the need to safeguard and promote the welfare of children who are in the United Kingdom'.

So the message is: 'think children's rights' and it may transform the case. And where do you go to 'think children's rights'? Well this is a good place to start


Public Rights of Way and Access to Land
Edition: 4th
Format: Paperback
Author: Angela Sydenham
ISBN: 978 1 84661 256 5
Publishers: Jordan
Price: £75
Publication Date: Nov 2010
 

Publisher's title Information

Public Rights of Way and Access to Land, written by Angela Sydenham, one of the country's leading authorities on the subject, succeeds in clarifying the arcane and often archaic law. By turn she explains the creation and loss of public rights of way and access to land, how their existence can be ascertained, and the nature of the obligations to maintain and manage them. The fourth edition of this popular work has been comprehensively updated to take account of recent developments including:
The Marine Act 2009 Part 9 introducing Coastal Access
The coming into force of many more sections of the CROW Act 2000
Numerous new regulations including the Public Rights of Way (Hearings and Inquiry Procedure) (England) Rules 2007/2008
The Godmanchester case, which has been reversed by the House of Lords
The Redcar case [2009] EWCA Civ 3, which has added an important additional requirement for user as of right
New cases on restricted byways: the Winchester case [2008] EWCA Civ 431 and Maroudes [2009] EWHC 62
A major case on adverse possession and public rights of way: R (Smith) v Land Registry Peterborough) [2009] EWHC 328
An important case on stopping up under s118B of the Highways Act 1980. R (on the application of) Manchester City Council v Sec of State [2007] EWHC 3167
Recent cases on animals on public rights of way: Mckenny v Foster EWCA Civ 173 and McKaskie v Cameron (2009), as well as consultation on amendments to the Animals Act 1971
The new edition sets out the Countryside and Public Rights of Way Act 2000 in full with annotations to indicate when the various sections commenced and any regulations made under those sections, together with all relevant provisions from the Marine Act 2009, the Highways Act 1980, the Wildlife and Countryside Act 1981 and the Natural Environment and Rural Communities Act 2006, as well as other relevant planning notes and guidance.

Contents

Definitions and Classes of Public Rights of Way and Analogous Rights
The Legal Interests and Rights of Highway Authorities, Landowners, Users and Utility Companies
Creation of Public Rights of Way
Extinguishment and Diversion Orders
Recording Rights of Way
Determination of Contested Orders
Ascertaining Public Rights of Way
Maintenance of Highways
Interference with Public Rights of Way
Management, Common Problems and Conservation
Background to the Countryside and Rights of Way Act 2000
Access Land
Rights and Obligations of the Public
Rights and Obligations of Owners and Occupiers
Entry to Access Land
Management
Coastal Access
Appendices
Countryside and Rights of Way Act 2000
Highways Act 1980
Wildlife and Countryside Act 1981
Natural Environment and Rural Communities Act 2006
Marine and Coastal Access Act 2009
National Parks and Access to the Countryside Act 1949
Access to the Countryside (Coastal Margin) (England) Order 2010, SI 2010/558
Defra Guidance
Planning Inspectorate Advice Notes
The Author
Angela Sydenham Consultant, Birketts. Co-author of Agricultural Precedents Handbook (Jordans).

Reviews

“excellent ... there could be no better guide”
New Law Journal
“such a reasonable price … deals with its subject in such a user-friendly way”
Agricultural Law Association Bulletin
"invaluable"
Country Landowner

LINKS




More information available on the Jordans' Website on the above books