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

Books by Jordan Publishing

& Family Law 2014
Urgent Applications in the Court of Protection
Edition: 2nd
Format: Paperback
Authors: Her Honour Nazreen Pearce, District Judge Sue Jackson
ISBN: 978 1 84661 809 3
Publishers: Jordans
Price: £80
Publication Date: March 2014

Publisher's Title Information

The Mental Capacity Act 2005 has changed the role and work of the Court of Protection. The court's jurisdiction now extends not only to financial and property matters but also to health and welfare issues and disputes relating to lasting powers of attorney.
The second edition of this definitive and valuable practitioners' handbook has been fully updated and re-structured to take account of all the latest legislation, case-law, court forms and precedents.

In particular, there is a new and comprehensive section on Deprivation of Liberty and the relevant safeguards; new chapters on Disclosure, Restrictions on Publication and Attendance by Representatives of the Media have been added and tips on how to avoid pitfalls in making applications for property and affairs, personal welfare orders and registering Enduring and Lasting Powers of Attorney. Also included are the Mental Capacity Act 2005 and the Practice Guidance on the Transparency in the Court of Protection publication of Judgments.

The enlarged jurisdiction has introduced formal rules and procedures which must be followed. Court users therefore need to be familiar with the new regime, particularly where there is a degree of urgency, in order to ensure that applications are made in the correct form and contain the appropriate supporting information.

This fully updated and re-structured new edition is an invaluable guide for professionals working with incapacitated adults, including barristers, solicitors, local authority lawyers, health authorities and NHS Trusts, which covers all relevant topics from the perspective of the Court of Protection user faced with making an urgent application. For each topic there is a law and practice section, procedural guide, precedents and draft orders.

Contents

Introduction
General Principles
Suspension and Revocation of Deputy Appointment
Enduring Powers of Attorney
Revocation of Lasting Powers of Attorney
Statutory Wills
Welfare Decisions - Residence, Contact, Sexual Relations
Urgent Medical Treatment
Serious Medical Treatment
Deprivation of Liberty
Children
Publicity, Restrictions on Publication and Attendance by Representatives of The Media
Disclosure
Enforcement
Appeals

Reviews of previous edition

"the text of the book is easy to follow; the use of bullet points and sub-headings makes accessing a specific area of interest simple and straightforward"

"a useful addition to the library of any private client practitioner who does MCA 2005 work, even if they do not usually undertake complex or urgent litigation work" Helen Clarke, Solicitor, Member of the Law Society Council

"a valuable handbook ... will greatly assist people who need to make quick decisions with limited time to think, research and plan ... the language is straight forward, and it is easily navigable via chapters and clear headings ... The writers have distilled into clarity and apparent simplicity a complex area of law." Gillian Geddes, Barrister, Middle Temple Lane Chambers

The Authors

Her Honour Nazreen Pearce
District Judge Sue Jackson Nominated Judge of the Court of Protection

More Details on Jordans Website


Cretney & Lush on Lasting and Enduring Powers of Attorney
Edition: 7th
Format: Paperback
Author: Denzil Lush
ISBN: 978 1 84661 813 0
Publishers: Jordans
Price: £75
Publication Date: 2014

Publisher's Title Information

Cretney & Lush on Lasting and Enduring Powers of Attorney is the leading work on this difficult and developing area of law.
The 7th edition has been significantly updated and expanded and includes:
Examination of developing case-law under MCA 2005 and LPA regs
Extended practical guidance on executing and registering LPAs
New guidance on fees and costs
New chapter on recognition and enforcement of foreign orders
New precedents section
Uniquely, this work provides full guidance on both enduring and lasting powers of attorney. It looks in detail at Lasting Powers of Attorney and the law and procedure relating to their creation and registration, and examines the duties and responsibilities that will remain in relation to existing Enduring Powers of Attorney.
Cretney & Lush on Lasting and Enduring Powers of Attorney contains all relevant legislation, prescribed forms and commentary from a leading expert in the field.

Aimed at

Private client, personal injury, clinical negligence and family barristers and solicitors; financial advisors and social services

Contents

Part I Lasting Powers of Attorney - the History of Enduring and Lasting Powers of Attorney; Differences between Enduring Powers of Attorney and Lasting Powers of Attorney; Capacity to Create a Lasting Power of Attorney; Attorneys; Named Persons; Certificate Providers; Execution of a Lasting Power of Attorney; Application to register a Lasting Power of Attorney; Objections to registration; Functions of the Public Guardian; Functions of the Court of Protection; Fees and Costs; Scope of the Attorney's Authority; Termination of Lasting Power of Attorney; The Code of Practice
Part II Enduring Power of Attorney - Granting an Enduring Power of Attorney; Action Required at Onset of Mental Incapacity; The Authority and Power of an Attorney under an Enduring Power of Attorney; The Court of Protection and Enduring Power of Attorney; Revocation, Disclaimer and Termination of Enduring Powers; Appointment of more than One Attorney; Protection of Third Parties; Recognition and enforcement of foreign orders
Part III Common Provisions - The code of practice; Private international law
Appendices - Statutes; Statutory Instruments; Lasting Power of Attorney Forms; Enduring Power of Attorney Forms; Court Forms; Guidance; Case Reports; Precedents

The Author

Denzil Lush Senior Judge of the Court of Protection

Reviews

"The chapter on precedents is a godsend...I for one will keep the book not too far from my desk at all times...This book is well written and easy to read. It is clear, concise and an absolute 'must have' for anyone working or studying in this area of law." Karon Walton Solicitor, Tollers Solicitors, Director of Solicitors for the Elderly

Reviews Of Previous Editions

"clear and detailed guidance to the law and procedure in this area ... easy to read commentary not only highlights the potential dangers but also how to avoid them ... Topical issues of significance are helpfully and comprehensively addressed by an eminent specialist in this field ... a valuable resource to practitioners" ACTAPS Newsletter
"certainly be useful ... clear explanation of creation, process and dealing with problems"
SFE Newsletter
"the author expertise is legendary ... has been greeted with enthusiasm by private client solicitors ... excellent ... the book remains succinct and, above all, practical throughout... comprehensive in its coverage and suitable for both non-specialist practitioners dealing with powers of attorney for the first time, and for experienced lawyers who need to clarify more intricate points ... it is hard to imagine a more thorough and complete guide than this work"
STEP Journal

More Details on Jordans Website


Elderly People and the Law
Edition: 2nd
Format: Paperback
Authors: Gordon Ashton OBE, Caroline Bielanska
ISBN: 978 1 84661 722 5
Publishers: Jordans Publishing
Price: £55
Publication Date: Feb 2014

Publisher's Title Information

Dealing with the rights, duties and needs of older people raises special challenges for those who advise and assist the elderly. A proper understanding of the problems they face and their particular needs is essential.
Elderly People and the Law, written by two leading lawyers who have championed the rights of elderly people throughout their careers, provide expert guidance on the whole range of legal issues relating to older people including:
Mental capacity
Legal rights and duties
Family and carers
Housing
Residential care
Community care
Health care
Challenging the Authorities
Financial affairs
Elderly People and the Law is a comprehensive work providing detailed and practical guidance suitable for lawyers and other professional advisers.
Foreword to the First Edition
Preface to the Second Edition
Preface to the First Edition
Table of Cases
Table of Statutes
Table of Statutory Instruments
Table of Abbreviations
Introduction
Distinguishing Older People
Statistics
Attributes
Chapter 1
Role of the Law
Introduction
Equal access to justice
Preliminary
Coping with older people
Equality
Preliminary
Equality Act 2010
Prohibited conduct
Implications of conduct
Human rights
Introduction
The European Convention
Human Rights Act 1998
Competence and decision-making
Preliminary
Mental incapacity
Assessment of capacity
Decision-making
Chapter 2
The Mental Capacity Jurisdiction
Background
The reform process
Legislation for England & Wales
The principles of the Mental Capacity Act 2005
Preliminary
Overriding principles
People who lack capacity'
Best interests
General powers and duties
Acts in connection with care or treatment
Financial affairs
General safeguards
Procedures of choice
Enduring powers of attorney
Lasting powers of attorney
Advance decisions
Powers of the Court of Protection
Overview
Declarations
Decisions and deputies
Control of attorneys
The court and supporting services
Overview
Court of Protection
The Public Guardian
Court of Protection Visitors
The Official Solicitor
Court Funds Office
Independent Mental Capacity Advocates
Other Resources
Medical Research
Deprivation of liberty safeguards
International protection of adults
Chapter 3
The Older Person
Introduction
Rights and duties
Preliminary
Contract
Elderly people as trustees
Civil status
Civic duties
Civil responsibility
Work and leisure activity
Preliminary
Employment
Self-employment
Voluntary work
Education
Holidays and travel
Court proceedings
Preliminary
Procedures
Mental capacity
Criminal responsibility
Preliminary
Safeguards
Prosecution
Chapter 4
Family and Carers
Introduction
Personal relationships
Preliminary
Marriage
Civil partnership
Cohabitation
Children
Carers
Preliminary
The role of carers
Status of carers
Elder abuse
Overview
Civil remedies for abuse
Criminal remedies
Intervention by the authorities
Chapter 5
Housing
Introduction
Owner occupation
Long leases
Tenancies - private sector
Tenancies - public sector
Licences
Possession proceedings
Special provision
Homeless persons
Special housing
Special arrangements
Sharing the home
Sharing another home
Gifts of the home
Equity release
Specific situations
Chapter 6
Residential Care: Regulation, Choice and Contracts
Overview
Role of the adviser
The regulatory framework
Legislation
Registration
Inspection
Enforcement
The First-tier (Care Standards) Tribunal
Moving to a care home
Choice of care home
Care contracts
Chapter 7
Community Care
Introduction
The policy
What is 'Community Care'
Reports
Implementation
Legislation
Directions and guidance
Role of the authorities
Local authorities
The National Health Service (NHS)
Health and Wellbeing Boards
Healthwatch
Ordinarily resident
No settled residence
NHS Continuing Health Care
Discharge under Community Care (Delayed Discharges etc.) Act 2003
Deprivation of Liberty Safeguards
Disputed ordinary residence
Strategic planning
The private sector
Safeguarding vulnerable adults
Getting assistance
Gate-keepers
Objective
The context of an assessment
Assessment for services
Carers assessments
Eligibility criteria and the question of resources
The written record of the assessment and the care or support plan
Choosing between care packages
Provision of residential accommodation
Non-accommodation (home or community based) services
Reform to social care
The Care Bill 2013
Chapter 8
Health Care
Introduction
The National Health Service
Preliminary
Structure and services
NHS continuing health care
Community health care
Hospital care
Medical treatment
Consent to treatment
Best interests
Advance decisions
Health and welfare lasting powers of attorney
Allowing the patient to die
Mental health
The scope of mental health law
Source of law
Mental health assessments
Definitions
Admission to a hospital or care home
In hospital informally
Community powers
Supervised Community Treatment
Medical treatment
Discharge from MHA 1983 detention
Mental Health Tribunal
Monitoring detention
Deprivation of liberty
Chapter 9
Challenging the Authorities
Accessing information
The common law duty of confidentiality
Medical reports
Data protection
Freedom of Information Act 2000
Complaints procedures
Background
Complaints in England
Complaints in Wales
The Ombudsman
Types of Ombudsman
Complaining to an Ombudsman
Maladministration
Other challenges
NHS continuing health care claims
Default powers
Legal remedies
Preliminary
County court
Judicial review
European Court of Justice (ECJ)
European Court of Human Rights
Chapter 10
Financial Affairs
Introduction
Personal funding
Preliminary
Pensions
Taxation
Welfare benefits
Overview
Contributory benefits
Non-contributory benefits
Income based benefits
Challenging the DWP
Funding community and residential care
Charging for non-accommodation services
Paying for residential care
Chapter 11
Financial Affairs and Incapacity
Introduction
General
Preliminary
Wefare benefits
Miscellaneous
Powers of attorney
Preliminary
Enduring power of attorney
Lasting power of attorney
Court of Protection
Deputies
Gifts, settlements and wills
Handling financial affairs
Preliminary
Preparing for old age
The work in practice
Chapter 12
Testamentary Provision and Death
Introduction
Provision of choice
Preliminary
Gifts
Succession
Wills
Intestacy
Financial provision for a dependent relative
Provision after death
Preliminary
Voluntary provision
Inheritance provision
Claims based on an estoppel
Disputed wills
Matters arising on death
Preliminary
Registration
Role of coroners
Funeral arrangements
Disposal of the body
Appendix
Directories
Organisations
Websites
Useful publications
Index


Gordon Ashton OBE Retired District Judge and Nominated Judge of the Court of Protection
Gordon qualified as a solicitor in 1967 after gaining LL.B (Hons) at Manchester University in 1964. He was appointed a District Judge at Preston in 1992 after 28 years of general legal practice in Grange-over-Sands, Cumbria and became a Deputy Master of the former Court of Protection in 2001 to hear cases in the north of England and then a nominated judge of the (new) Court of Protection. Before retiring in 2012 he was a Visiting Professor at Northumbria University, patron of Solicitors for the Elderly, vice-president of Association of Law Costs Draftsmen and tutor judge at the Judicial College (formerly Judicial Studies Board).He was a part-time Chair of Social Security Appeals Tribunal (1985-2001).

Gordon has written and lectured extensively on topics concerned with older and disabled people and the law. Books include Mental Handicap and the Law,Elderly Client Handbook,Butterworths Older Client Law Service, Elderly People and the Law,Mental Capacity - The New Lawand Mental Capacity - Law and Practice (all Jordans). He is general editor of Court of Protection Practice 2014(Jordans) and has contributed to many other volumes including Encyclopaedia of Forms and Precedents, Atkins Court Forms and Butterworths Wills Probate and Administration Service.

In 2010 he was awarded the OBE for “Services to the Administration of Justice and to Disabled People”.


Caroline BielanskaTEP, Solicitor and lecturer, Independent Consultant
Caroline is the former Chief Executive and former Chair ofSolicitors for the Elderly, an organisation she helped to found in 1999. She lectures regularly for a number of CPD providers, including Central Law Training, The Solicitors Group, Professional Conferences and STEP, and is well known in her specialist field, advising older and vulnerable adults who have limited physical and/or mental capacity.

She has a national media profile, and is a regular panellist on BBC Radio 4's Money Box Live and regularly interviewed for TV, radio, magazines and national press.

Caroline was a panel expert convened by the Law Commission to input into drafting the consultations on the reform of adult social care and was a member of the 2010 Court of Protection's Rules Review Committee, recommending changes to the court rules, practice directions and forms. She works closely with the Office of the Public Guardian and the Court of Protection in various projects.

She is the author, contributor and editor of many legal publications, including the Elder Law Journal and Elderly Clients - A Precedent Manual (both Jordans), The Health and Social Care Handbook, The Elderly Client Handbookand Heywood & Massey's Court of Protection Practice amongst many others


INTRODUCTION
DISTINGUISHING OLDER PEOPLE

Gordon Ashton
'Forty is the old age of youth; fifty the youth of old age.'
Victor Hugo

Old age should not be seen as a problem - it is a fortunate reality of life for an increasing number of people. A changing social climate has provoked a new legal environment. It is the attributes of older people rather than their age that may justify special treatment by the law.

0.1 People are living longer and the number of elderly people in the UK is increasing. Most are able- bodied and of sound mind, but many will at some stage become dependent upon others and perhaps also unable to make their own decisions. Policies in regard to their care and treatment have changed, the emphasis now being upon care in the community which points to an enhanced role for the law in respect of those who might previously have been cared for within a non-complaining family or 'institutions' imposing their own rules. In a consumer oriented society the individual or a carer is more likely to challenge decisions made by the authorities in regard to the provision of financial or other support or medical treatment. Human rights are at the forefront of legal thinking and discrimination is outlawed. Wider home ownership, greater personal savings, private pension provision and social security payments result in an increase in the number of elderly people who have property and income that need managing and, in many cases, passing on to the next generation. There are more opportunities for the abuse of older people, but this is coupled with greater awareness of the existence of abuse and willingness to tackle it.

0.2 Dealing with the legal rights, duties and needs of older people raises special challenges. An understanding of the problems they face and their special needs is essential, so we start by outlining some of these. We ascertain what it is about them that justifies their treatment as an identifiable group. Then in later chapters we consider how the law and the legal system may play its part in fulfilling society's expectations as to the preservation of the rights of older people and of other members of the community in their interaction with one another.

STATISTICS

0.3 The population of the UK is growing in size and becoming increasingly older as people are living longer. According to the Office of National Statistics1 over the period 1985-2010 the number of people aged 65 and over in the UK increased by 20% to 10.3 million; in 2010, 17% of the population were aged 65 and over compared with 7.5% over 60 at the turn of the 20th century. Population ageing will continue for the next few decades. By 2035 the number of people aged 85 and over is projected to be almost 2.5 times larger than in 2010, reaching 3.5 million and accounting for 5% of the total population. The population aged 65 and over will account for 23% of the total population in 2035, while the proportion of the population aged between 16 and 64 is due to fall from 65% to 59%. Population ageing brings potential benefits but also challenges to society. Key policy areas are health and social care, the ageing of the workforce and pensions, housing and transport.

More Details on Jordans Website


APIL Guide to Catastrophic Injury Claims
Edition: 2nd
Format: Paperback
Authors: Grahame Aldous QC, Stuart McKechnie, Jeremy Ford, Terry Lee
ISBN: 978 1 84661 801 7
Publishers: Jordans
Price: £75
Publication Date: Feb 2014

Publisher's Title Information

The management of catastrophic injury claims is complex. They involve detailed and ongoing care and rehabilitation regimes; sophisticated case management involving technical procedural matters often involving the Court of Protection, significant use of expert evidence, as well as complicated settlement and financial structures including periodical payment orders.
Involving numerous experts of different disciplines, these claims require the practitioner to 'marshal' and manage the team, as well as particular requirements regarding client care. The APIL Guide to Catastrophic Injury Claims provides a guide to best practice in the complex area of catastrophic injury litigation. The text provides guidance on case management, practical help in dealing with and addressing issues of expert evidence, an in-depth discussion of damages and an analysis of relevant primary source material.

This new edition includes:
New chapters on Neuro-rehabilitation, Birth Brain Injuries and Radiology
Impact of the Jackson Reforms
Cost budgeting
Developments in Court of Protection jurisdiction
First Stages
Capacity and Court of Protection
Rehabilitation
Funding
Quantum: Interim Payments
Documentary and Witness Evidence
Expert Evidence
Care and Case Management
Traumatic Brain Injury
Birth Brain Injury
Birth Injury Causation
Radiology
Neuro-Rehabilitation
Spinal Cord Injuries
Psychiatric Injury
Prosthetic Rehabilitation of Traumatic Amputatees
Quantum: Schedules, PSLA, Special Damages, Heads of Loss and Provisional Damages
Future Loss: Lump Sum Awards, Multiplicands and Multipliers
Periodical Payment Orders
Statutory Benefits (including Recoupment) and Services
Fraud and Malingering
Settlement and ADR

The Authors

Grahame Aldous QC, 9 Gough Square
 
Jeremy Ford, 9 Gough Square
 
Stuart McKechnie, Barrister, 9 Gough Square
 
Terry Lee, Solicitor, Russell-Cooke Solicitors
With specialist contributions from:
Dr Janet Rennie MB, ChB, MRCP, FRCP, DCH, MD, FRCPCH on birth injuries causation
Dr Maggie Blott MRCOG on birth injuries
Dr Andrew Molyneux MA, MB, Bchir, FRCR on radiology
Professor Udo Kischka MD FRCP on neuro-rehabilitation
Dr Nicholas Leng BSc, DipClinPsychol, DPhil, FBPsS, C Psychol on Brain Injuries
Dr Brian Gardner MRCP, FRCP on Spinal Injuries
Maggie Sargent on Care;
Dr Selliah Sooriakumaran on Prosthetic Rehabilitation;
Dr Martin Baggaley BSc, MB, BS, FRCPsych on Psychiatric Injuries
Richard Cropper PFP Ltd


Magistrates' Courts Criminal Practice 2014
Edition: 2014
Format: Hardback
Author: Alessandro Roveri
ISBN: 978 1 84661 911 3
Publishers: Jordans Publishing
Price: £199
Publication Date: 2014

Publisher's Title Information

Magistrates' Courts Criminal Practice combines authority and practicality, providing step-by-step advice on a vast array of court procedures from cautions and commencements through to appeals, including a thorough treatment of the law and practice of evidence as it relates to the magistrates' courts.
In addition to the authors' commentary, there is a comprehensive selection of up-to-date statutes, statutory instruments, rules, practice directions and other materials.
Uniquely, there is a section setting out the elements of over 150 offences, providing the statutory definitions and relevant case-law, and over 100 procedural guides provide a step-by-step summary of the main procedures supported by references to the legislative framework and case-law.
Magistrates' Courts Criminal Practice has been fully updated for 2014 to include:
Updated Procedural Guides
Legal advice and representation - amended in light of the Legal Aid Agency created by Part 1 LASPO
Indication of Plea, etc. - guidance on new 'Initial Details' (previously 'Advance Information')
Youth Court - extensive amendments to include additional notes on scenarios where youth and adult are jointly charged with offences
Evidence - significant new guidance on hearsay evidence and bad character
Enforcement - amended in the light of changes to reparation orders
Consolidated Statutory Materials and Latest Procedural Rules
Full text of the Criminal Procedure Rules 2013 and the new Criminal Procedure Directions, as well as updates to all statutory materials
Sentencing Guidance
Full text of Sentencing Council Guidelines and relevant parts of the Youth Court Bench Book (2013)
Case-law
All significant case-law developments, including: R v Tahery (hearsay evidence); R v Lodge, R v Dossett and R v Thompson (bad character); R (Purnell) (financial penalties); DPP v Fell (missing evidence); and R (Allan) v Croydon (anti-social behaviour orders)
Magistrates' Courts Criminal Practice is written by a team of advocates and court officials, making this a work by practitioners for practitioners.

General Editor:

Alessandro Roveri
Deputy Justices' Clerk, East and West Dorset and North and East Devon Magistrates' Court

Contributors:

Juan Batchelor Solicitor, Senior Legal Adviser, Her Majesty's Courts and Tribunals Service, Wiltshire
Richard Bennett Barrister, Deputy Clerk to the Justices, Her Majesty's Courts and Tribunals Service, Devon and Cornwall
David Chidgey Barrister, Albion Chambers
Matthew Donkin Barrister, Zenith Chambers
Anesh Pema Barrister, Zenith Chambers
Christopher Rose Barrister, New Park Court Chambers
Richard Ward LLB Solicitor, Emeritus Professor of Public Law, De Montfort University
Nicholas Wattam LLB Solicitor, Deputy Clerk to the Justices, Her Majesty's Courts and Tribunals Service, Thames Valley; Deputy District Judge (Magistrates' Courts)

Part I: 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. Relevant forms are also included
Part II: Elements of the Offence
A comprehensive and easy-to-use reference guide to over 150 of the main offences
Part III: Statutes
All relevant statutes are reproduced, in amended form, and annotated by the expert team of editors
Part IV: Statutory Instruments
All relevant SIs appear in amended form, annotated by the expert team of editors
Part V: Criminal Procedure Rules and Practice Directions
Part VI: Codes of Practice and Guidelines

Previous Edition Reviews

"acquiring a copy of this reliable and concise work of reference would almost without a doubt make the daily toils and tribulations of your practice a little easier. This completely updated guide from Jordans covers to the full spectrum of situations, challenges and problems you're likely to encounter on a day to day basis ... forever topical ... logically laid out ... this is a useful, thorough and eminently readable work of reference which offers...range of extensive research resources, including tables of statutes, cases and statutory instruments, plus tables of practice directions, abbreviations and PACE practice directions."
Phillip Taylor MBE and Elizabeth Taylor, Richmond Green Chambers

"The Key word here is 'clarity' - ever a necessary but too often a rare attribute when it comes to legal texts - but evident in abundance in this comprehensive and authoritative volume recently published by Jordans." Phillip Taylor MBE and Elizabeth Taylor, Richmond Green Chambers

"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

"an excellent navigational aid ... for practice and procedure ... an essentail work of reference for all practitioners who routinely deal with cases in the magistrates' courts"
Phillip Taylor MBE and Elizabeth Taylor, Richmond Green Chambers

Foreword

Changes in our substantive law and changes in our procedure are the hallmark of this first decade of this new century. The Magistrates Courts are at the very heart of these changes. So far the changes have made the law more complex rather than simpler, but at last attention is being given to the problems that arise from making what should be a summary procedure so complex.

The Magistrates Courts must be able to ensure that the cases that come before them are dealt with as speedily as possible as is consistent with the interests of justice. This can be achieved through firm application by the court of the procedural code that is now in effect. A first hearing should, save in unusual circumstances be the occasion for a plea, and in the event of the case proceeding to trial, the next hearing should be the trial.

This objective can be attained by the application of the principles of case management. One of the most important principles involves first identifying the issues relevant to the offence with which the defendant is charged and which have to be proved and then ensuring there is clarity about those that are agreed and those that are disputed. The future conduct of the case can then be carried out in a speedier, more focussed and economical manner.

A clear understanding of the procedural code and of the myriad of statutory provisions is a necessary part of the realisation of this objective. It is not possible otherwise to deal swiftly and firmly with points that might at first sight have some semblance of technical legalism, but which on analysis, are in fact without merit.

I therefore welcome a textbook that sets out with clarity the main areas of practice and procedure of the criminal jurisdiction of the Magistrates Courts. In applying any of these provisions, it is always wise to bear in mind the overriding objective set out in the Criminal Procedure Rules “that criminal cases be dealt with justly”.

Lord Justice Thomas
Senior Presiding Judge for England and Wales
March 2007

Introduction

The latter weeks of 2013 saw some changes to the criminal law with the enactment of provisions contained in the Crime and Courts Act 2013, affecting offences committed on or after 11 December 2013. Among these was an amendment to section 177 of the Criminal Justice Act 2003: where a court considers that an offence is serious enough to merit a community sentence, it shall now include among the requirements one that is imposed for the purpose of punishment. If it does not, the court shall either impose a fine or fine the offender

in addition to imposing the community order. Where the interests of justice suggest it is not appropriate to go down the route of punishment (be it in the form of a requirement or some form of fine) the court must explain why. In addition, in the magistrates' court the current limit of £5,000 on any sum of compensation is removed (thus the limit on power to award compensation as a reason for magistrates to decline jurisdiction will cease to apply). Other than these recent developments, the law in this Edition is stated as at 1 January 2014.

While not legislative in nature, practitioners will also need to be aware of two other publications which should be read together: 'The Attorney General's Guidelines on Disclosure' and the 'Judicial Protocol on the Disclosure of Unused Material in Criminal Cases', published in December 2013. Aside from being important reading in their own right, these documents clearly relate to the overriding objective set out in the Criminal Procedure Rules. Paraphrasing, convicting the guilty and acquitting the innocent involves the protection of the right to a fair trial (relating as much to the prosecution case as the defence) and ensuring all participants to criminal cases meet their statutory duty to manage cases effectively. Despite the implementation of the first Criminal Procedure Rules in 2005, some (but not, I am sure, all) courts still encounter arguments that all witnesses should attend (even where their evidence may be uncontentious) and that the prosecution is put to 'strict proof'. I suspect readers will find themselves wondering how anyone has the spare capacity in their diaries to accommodate unnecessary time in court! As I write, I have heard news of further training to deal with unnecessary delays. Given that - among other examples - I have been told of recent representations in court that the defence was to be 'I wasn't there but if I was it was self defence', or that all six prosecution witnesses were required to attend for a day-long trial when the issue was whether one of these witnesses had correctly identified the defendant, it is regrettably hard to argue that further emphasis needs to be placed on the subject. No doubt we will hear more of these plans in the coming months.

I would like to end this introduction by expressing my gratitude to all of the contributors for the hard work they have undertaken in preparing this Edition, which I commend to you.

Alessandro Roveri
Deputy Justices' Clerk, East and West Dorset and North and East Devon Magistrates' Court
February 2014