Criminal Justice Act 2003: A Practitioner's Guide
Edition: June 2005
Authors: Richard Ward and Olwen Davies
ISBN: 0 85308 871 3
Publication Date: June 2005
Publisher's Title Information
The Criminal Justice Act 2003 is one of the most significant pieces of criminal legislation for many years. It contains a number of highly controversial measures that have received widespread criticism, but also many important provisions that have broad support.
The Act makes many changes to various aspects of the criminal justice system including:
Increased rights of appeal by the prosecution and exceptions to the
double jeopardy rule for serious cases
greater obligations to disclose details of a defendant's case
Increase in police powers to impose conditions on bail, the extension of prosecution rights of appeal against bail as well as the introduction of conditional cautions
Major changes to the rules of evidence relating to previous convictions and hearsay
Significant changes to sentencing powers, including greater powers for magistrates and progressively more severe penalties for persistent offenders
The strengthening of police powers under PACE, and the extension of drug testing and treatment provisions
This revised edition includes details of the commencement orders together with an analysis of the first case decided under the Act. This thorough and practical analysis of the Act is essential reading for all criminal lawyers and those involved in the criminal justice system. It includes the full text of the Act
Richard Ward, Solicitor, Professor of Public Law and Head of the
Department of Law, De Montfort University
Olwen Davies, Solicitor-Advocate
Licensing: The New Law
Edition: 2nd 2005
Authors: Kerry Barker and Susan Cavender
ISBN:0 85308 989 2
Publication Date: November 2005
The Licensing Act 2003 marked a major shift in licensing law and practice by introducing a new and unified system of alcohol and entertainment licensing. All of those involved in implementing, enforcing and advising upon the new regime need to have a detailed knowledge of the Act and subsequent regulations and guidance.
The second edition of this popular guide has been extensively revised and updated to provide complete coverage of the new regime coming into force on 24 November 2005, with references to the final version of the Secretary of State’s guidance. It covers the application and regulation of licences, and sections of the book dealing with local authority decision making now include the new laws on the Code of Conduct for councillors.
The authors, both practitioners and specialists in this area, give a clear and coherent account of the new regime and explain its implications for licensing practice. They address the practical issues and problems surrounding the Act, including those which have become apparent during the lead up to the implementation of the legislation. The book reproduces the Act in full, together with all the regulations and guidance.
An invaluable resource for all those who advise on licensing issues, apply for licences, or who are responsible for regulating and enforcing the new law.
Sexual Offences - The New Law
Edition: Revised Reprint December 2004
Author: Richard Card
Price: £35 RRP UK
Publication Date: March 2004
Because this is such an important new statute there will be many text books written on the subject, several have already been issued, having seen the standard of previous works by Richard Card I feel certain that this will rank amongst the best.
The Government have said that The Sexual Offences Act 2003 "will, bring about the most radical overhaul of sex offences legislation for 50 years". The last real big overhaul was in 1956. The aim of the new legislation is to provide a coherent and effective legal framework governing sexual offences, while at the same time increasing protection of children and vulnerable persons and imposing greater maximum penalties on offenders.
Sexual Offences: The New Law is a guide to the new Act, as it applies to England and Wales. In addition to explanatory commentary on the new law, the text of the Act is included.
The new law will be essential reading for all criminal lawyers, the police and the CPS, and will be of interest to those in the penal services, as well as the health, caring and social services.
Some changes contained in the Act include:
Increased protection for children in the form of a new offence of 'grooming' designed to deal with those who meet children with the intention of committing a sex offence; greater penalties for sexual offences against children; and a range of new offences and orders designed to deal with inappropriate sexual behaviour with children.
Strengthening of the registration of sex offenders, including the requirement that those registered confirm their details annually.
Clarification of the law of consent in rape, the introduction of new sexual offences such as assault by penetration and sexual assault, and the strengthening of existing offences, for example in relation to drug rape.
Some of the most important changes are:,
New definition for rape
Section 9 Theft Act 1968, burglary with intent to commit rape - now Section 63, "Trespass with intent to commit a sexual offence".
Section 2 Procurement - new offence.
Section 3 Procurement - new offence.
Section 4 Administer drugs - new offence.
Section 5 USI - repealed, new offence.
Section 6 USI repealed, new offence.
Section 10 Incest - now familial sexual abuse, embracing more members of the family.
Section 12 Buggery - repealed.
Sections 14 & 15 Indecent assault - new offences.
Indecency with Children Act 1960- repealed, new offences.
Changes to prostitution laws.
Protection of Children Act 1978 - now a child "under 18", was 16.
Kerb Crawling - now a woman can commit the offence.
Indecent exposure, now it is "person exposes genitals", not "his person"; now a woman can commit, it will not be an offence under this new section to expose breasts or buttocks,
The Author Richard Card is Professor of Law and Chairman of De Montfort Law School, De Montfort University. Leicester.
Richard Card is well known for his works on criminal law and ability to articulate legal provisions in a clear and understandable manner. His interpretation and explanation of the Sexual Offences Act 2003 is no exception and provides an eminently readable and straightforward resume for all professionals working in the field. This book is directed largely at a practitioner audience and is predominantly technical in approach rather than contextual. Card systematically defines the various offences and powers included in the Act drawing on wider criminal law principles followed by clear and coherent commentary supported by (over?) meticulous cross-referencing to common concepts, phrases and words used in the statute. A copy of the Act itself is included in the Appendices together with (in this Revised Edition) two recent regulations: notably the Education (Prohibition from Teaching and Working with Children) (Amendment) Regulations 2003 which extends the list of Schedule 2 offences for which a convicted person may be prohibited from working with children under 16 years to cover all offences in the 2003 Act which may be committed against children; and the Sexual Offences Act 2003 (Travel Notification Requirements) Regulations 2004 which implement the extension of notification requirements of sex offenders intending to travel abroad. Templates of the relevant documentation relating to applications that can be made under these regulations to the Magistrates’ Court are also reproduced for information.
It is now two years since the Sexual Offences Act 2003 came into force and the title of the book Sexual Offences: the New Law is quickly becoming something of a misnomer as the reforms have become embedded into the criminal law. Apart from the regulations the Revised Edition includes no more than a handful of new cases reported in 2003/2004 but these relate primarily to general principles of criminal law rather than specifically to offences under the Act. However, a number of test cases on provisions in the Act are now finding their way through to the Court of Appeal (Criminal Division) both on substantive and procedural issues. For example, challenges have been mounted as to whether the strict liability provision for statutory rape in section 5 is compatible with Articles 6 and 8 of the European Convention on Human Rights; in respect of trial judge’s directions on reasonable belief as to consent; tariffs and appropriate sentencing in respect of oral rape and assault by penetration; and the interpretation of various provisions in respect of Part 2 of the Act. It might therefore be more prudent and beneficial to wait for the fully amended and updated Second Edition.