Working in the Family Justice System: The Official Handbook of the Family Justice Council
Author: Elizabeth Walsh
ISBN: 0 85308 996 5
Publishers: Jordan Publishing Limited
Category: Family Law
Publication Date: August 2006
Anyone involved in, or
embarking on, a career within the family justice system knows that it is a
complex alliance between several diverse professions - all with different roles
to play and procedures to follow. It is therefore vital that those working
within family justice understand how each profession thinks and operates.
This handbook, approved by the Family Justice Council, cuts through the mystery surrounding family justice to explain how it is organised, what the responsibilities of the respective professionals are and how they interact. Though not a legal text book, it also sets out the important principles of law that underpin the system to provide an accessible guide to newcomers as well as to established professionals who need information about the function of other disciplines.
of the 1st edition
"An invaluable aid - no one, no matter how able and experienced, could carry so much information in the mind"
From the Foreward by the Rt Hon Lord Justice Thorpe
"An extremely accessible, readable and informative guide to the many facets of the family justice system - warmly recommended"
Practitioners Child Law Bulletin
"A valuable reference work for those who need to know how the family justice system works"
Families need Fathers
Working in the Family Justice System is written by Elizabeth Walsh, Solicitor and Mediator, the widely respected Editor of Family Law and International Family Law. She has distilled her extensive experience and practical working knowledge of family justice to produce one of the most useful, readable guides to the family justice system ever written.
Adoption: The Modern Procedure
Authors: Heather Swindells and Clive Heaton
ISBN: 0 85308 969 8
Publication Date: March 2006
Category: Family Law
Publisher’s title Information
This invaluable new practice work is a companion to the successful title Adoption: The Modern Law by Caroline Bridge and Heather Swindells. The work contains a summary of the new law and an accessible and detailed examination of the new procedural regime governing applications under the Adoption and Children Act 2002 coming into force on 30 December 2005.
Appendices contain the text of ACA 2002, all key statutory
regulations, forms and guidance, including the Family Procedure (Adoption)
Rules 2005 and supplementary Practice Directions.
Adoption: The Modern Procedure will be an indispensable guide to procedure for all lawyers and other professionals involved in adoption work.
Placement for Adoption
The Making of Adoption Orders
Illegal Placements and Transactions
Access to Information
The Family Procedure (Adoption) Rules 2005
Appendices: Statutory Material, Forms and Guidance
HHJ Heather Swindells QC
Clive Heaton, Barrister, Zenith Chambers, Leeds
On 30 December 2005 the Adoption and Children Act 2002 came into force and heralds a new approach to adoption law. This book provides a detailed guide through the new procedure relating to domestic adoption against the backdrop of the Act and is intended as a practice companion to Adoption - The Modern Law (Family Law, 2003). It includes the full text not only of the Adoption and Children Act 2002 but also of the Family Procedure (Adoption) Rules 2005 (together with the Practice Directions and Forms) and the principal Regulations.
Law and Practice
Edition: Fifth Edition
Author: Roger Bird
Publishers: Jordan Publishing Ltd
Publication Date: March 2006
Publisher's Title Information
Domestic Violence: Law and Practice is a comprehensive practitioner's guide to dealing with cases involving personal protection, harassment and domestic violence. This new edition has been thoroughly revised. It takes account of recent case-law and provides analysis of all the important developments including:
Changes effected by the Domestic Violence, Crime and Victims Act 2004 in respect of the method of enforcing non-molestation orders. Breach of a non-molestation order has become a criminal arrestable offence with the result that the court will no longer be able to attach a power of arrest to such an order
Guidance given by the Court of Appeal in respect of sentencing for breach of a non-molestation order
Extension of the definition of 'associated persons' to include same-sex couples
Revision of the applicable forms of order (formerly Form FL404)
The extensive text is supplemented by appendices containing key forms, precedents and legislation.
Reviews of previous editions
"An essential tool for both judges and practitioners." Family Law
"The analysis is clear, succinct and very user-friendly. Highly recommended." The Law
"A clear and detailed guide ... easily accessible and of great value to the court." Magistrate
Roger Bird formerly sat as a district judge at the Bristol County Court and is the author of a number of best-selling works on various aspects of family law and practice.
The author of this review has published at least 1-2 articles on the subject of domestic violence, investigating causes, associated features, and preventative methods as well as treatment. This book therefore was of particular interest. The author of the book, Roger Bird, formerly sat as a District Judge at the Bristol County Court and is the author of a number of best-selling works on various aspects of family law and practice.
The book is in its 5th edition and indicates the value it has presented to its readers over many years. It has been specially written for the practitioner who deals with cases of personal protection and domestic violence. Since the Domestic Violence Victims Act 2004, which enforced non molestation orders, there has gradually been an impact on the result of acts of domestic violence. Domestic violence has in fact become a criminal arrestable offence, with punishment for breach of a non molestation order. The act not only includes those who are of opposite sex, but also same sex couples.
The book consists of 7 chapters and 3 appendices. The first appendix considers the statute of the Children’s Act 1989, the Family Law Act 1996, and the Protection from Harassment Act 1997. Appendix 2 is concerned with the Statutory Instruments such as Civil Procedure Rules 1998 and Family Procedure Rules 1991. The Family Law Act 1996 and the Family Proceedings Court Matrimonial Proceedings Rule 1991 are also considered. Appendix 3 deals with the forms involved in the application for orders.
The first chapter concerns itself with the victim and there is a useful checklist of the kinds of relationships which the victim might have with the other party. It also explains how to use the book. Described in the book are such terms as molestation, and under which circumstances the Family Law Act 1996 would come into operation. Non molestation orders are extremely precise as to what is acceptable behaviour by an alleged perpetrator and what is non-acceptable behaviour.
Another chapter considers in some detail the Protection from Harassment Act 1997 and the criminal penalties that could result from failure to obey this act. Of particular importance are personal injuries that may result from molestations and trespass. Virtually all the acts associated with molestation and harassment are covered in this book. There are also two chapters that deal with the procedures for personal protection Orders and transfer of tenancies. The final chapter concerns itself with the enforcement of the act when it has been transgressed. The extensive text is supplemented by appendices containing key forms, precedents and legislations.
This is undoubtedly one of the best books concerned in dealing with the legal aspects of domestic violence rather than the psychological aspects. As stated on the cover it is “a comprehensive practitioners guide to dealing with cases involving personal protection”. It is therefore likely to appeal primarily to the legal profession and those associated with it. It is important to keep those working in this difficult field up to date, which is the objective of this book.
In my view this is a book, which is very specialised and is likely to appeal to Judges, Magistrates, Solicitors and Barristers.
Dr L F Lowenstein
Children Act Private Law Proceedings: A Handbook
Edition: Second Edition
Author: His Honour Judge John Mitchell
Publishers: Jordan Publishing Ltd
Publication Date: March 2006
Publisher’s Title Information
This work has become an invaluable companion for all practitioners involved in private law proceedings under the Children Act 1989. It provides both a detailed, widely researched analysis of substantive law and a clear guide to the relevant procedure.
The new edition has been thoroughly revised throughout and takes account of all recent case-law in respect of contact orders and shared residence orders and important procedural developments, such as the introduction of the Private Law Programme, and the joinder of children as parties to proceedings.
The extensive text is supplemented by fully updated appendices containing essential statutory and other materials.
Preface by John Mitchell February 2006
These are exciting and challenging times for private family law. As Baroness Hale of Richmond pointed out in Ghaidan v Godin-Mendoza  UKHL 30,  2 FLR 600 families no longer consist exclusively of a married couple and their children. Couples, married, unmarried or in civil partnership, both heterosexual and homosexual may bring up children together. One or both may have children from another relationship. A lesbian couple may have a child by donor insemination. Reported cases since the first edition of the Handbook illustrate all aspects of this variety. And then, of course, the difficulties of promoting contact between children and parents who do not live with them have rarely been out of the news. Lord Justice Wall has cautioned that there is no panacea, ‘a one-size-fits-all solution' (Re M (Intractable Contact dispute: Interim Care Orders)  EWHC 1024 (Fam),  1 FLR 1258), but the Private Law Programme and the proposals of the Children (Contact) and Adoption Bill offer a hope of improvement. Difficulties faced by family legal aid practitioners and an increase in parents who represent themselves through choice or necessity will create future challenges for the system. As the Association of District Judges said in A Vision for the Future:
'Families and their children are the most important resource any country has. They are its future. It is therefore vitally important that the needs of the family are paramount. The cost of failure to help families resolve their problems in a just, cost effective and expeditious manner is much higher than the cost of ensuring that there is access to an effective family justice system.'
The law is stated as at 22 February 2006.
Reviews of previous editions.
"excellent ... comprehensive, and it covers not only the law, but also practice issues"
Association of Lawyers for Children
"topical, clearly set out and extremely readable" New Law Journal
Children The Modern Law
Edition: Third Edition
Author: Andrew Bainham
Price £30 RRP UK
Publication Date: February 2005
Publisher’s Press Release
Children: The Modern Law is well-established as the leading textbook dealing comprehensively with the law and policy relating to children.
This third edition has been extensively revised and updated to take account of significant legislative changes that have occurred since the second edition, including the Adoption and Children Act 2002, the Sexual Offences Act 2003, and the impact of the Human Rights Act 1998.
This new edition includes coverage of other important developments such as:
The Council of Europe Convention on Contact concerning Children, and
case-law relating to contact;
Reform of the child support legislation;
The introduction of special guardianship;
Changes to the law governing the parental responsibility of unmarried fathers; and
Significant case-law including Re A (Children) (Conjoined Twins:
Children: The Modern Law is an authoritative study of the legal position of children in our society, and is essential reading for students of child law, family law and social work.
Reviews of previous editions
'A landmark in the development of child law' The Modern Law Review
'A well-written and accessible book' Journal of Child Law
'An indispensable guide to all aspects of child law and policy' ChildRight
From the Author's Preface
My central aim in writing this third edition has not changed. It is principally to provide students of children law and family law with an overview of the many different areas of law which affect children and to highlight the central issues of principle and policy with which the law has to engage. It has not, of course, been possible to discuss all of the issues which are of relevance to children, but I hope that I have been able to focus on most of the ones which will be important to students undertaking modules in children law or family law courses in which there is a major children component.
Six years have elapsed since the previous edition; six years in which the changes to the law affecting children have been profound and extensive. Foremost among these was the integration in 2000 of the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR) into English law through the implementation of the Human Rights Act 1998. It is true that the ECHR had long before this had a significant impact on family law, particularly in relation to the abolition of corporal punishment in schools and procedural protections for parents in care and related proceedings. Yet, the effect of the Human Rights Act has been nothing less than revolutionary on the development of children law, accepting that some are more enthusiastic about this revolution than others. It has been necessary in preparing this edition to take full account of the jurisprudence of the European Court of Human Rights throughout the book. But such is the importance of the Convention that I have also devoted a separate section to it, and this has involved some reorganisation of the book. In the second edition, I included a few pages on the likely impact of the ECHR in the final chapter which was concerned more generally with children in the international community. Such an approach could no longer be defended, and I have accordingly expanded the discussion. I have also brought it forward to its rightful place in Chapter 2, alongside the two other key sources and influences on children law, the Children Act 1989 and the United Nations Convention on the Rights of the Child (UNCRC).
Chapter 17 remains concerned with children in the international community, but I have now used this chapter to concentrate on what are perhaps the two great international problems affecting children, international child abduction and intercountry adoption. So far as the latter is concerned I have taken the opportunity to include a discussion of the issues in the context of Romania, drawing on my own direct experiences of involvement in that country throughout the period of writing this edition. I have also been able to include a section on the new Council of Europe Convention on Contact concerning Children. Apart from these structural changes, the shape of the book has not greatly changed.
If the implementation of the Human Rights Act 1998 has been the single most important development since 1998, there is no doubt about what takes second place. It is the Adoption and Children Act 2002 which radically, and in my view controversially, reforms the law of adoption. Chapter 7 has been largely rewritten to take account of the legislation, and I have also attempted to highlight in this chapter why I believe that there is a tension between the Act and the new-found commitment to human rights in the family. Indeed the Act in its final form and the Government's declared objective of driving up the figures for public law adoptions raise questions about the Government's commitment to, indeed understanding of, the requirements of the ECHR. This is especially so in relation to attempts at reunification of the child with the natural family where the child is in substitute care.
I wonder also how sound is the Government's understanding of rights in the context of contact between parents and children in the private law. In its recent Green Paper it acknowledges that there is a problem in the way the legal system is responding to cases of disputed contact. But there is a reluctance on the part of the Government to concede that adults, as well as children, have rights in relation to preservation of their relationship, perhaps giving the impression that it is more enthusiastic about some of the rights it has `brought home' than others. Neither, in my view, have the judges of the European Court of Human Rights shown the commitment which might have been expected in relation to the fundamental relationship of parent and child. The Court has persisted in its view that whereas `family life' arises between mother and child at birth, it may or may not arise between father and child at that time. This is difficult to square with Article 7 of the UNCRC, which clearly envisages that the child's right to know and be cared for by both parents is indeed a right which arises from birth. This is a contradiction of which the Court appears to be quite oblivious. It also perhaps invites more general consideration of the extent to which the content of children's own Convention rights under the ECHR should be informed by the content of the UNCRC.
Other major legislative changes have occurred since the last edition. In the criminal law, perhaps the major event has been the enactment of the Sexual Offences Act 2003, a well-motivated but strikingly illiberal piece of legislation which proceeds on the assumption that all sexual activity involving children is by definition wrong. This has the potential for damaging the harmless, and some would say entirely positive, sexual experimentation which is a common feature of growing up. Major changes have also been made to the law governing children's evidence by the Youth Justice and Criminal Evidence Act 1999. Two other pieces of legislation, the Children Act 2004 and the Domestic Violence, Crime and Victims Act 2004, had not made it to the statute book in time for inclusion in this edition. It has nonetheless been possible to make some reference to some of the more significant provisions in the respective Bills as they stood at the time of writing. More generally, I have endeavoured to state the law as at 1 October 2004, but it has been possible to note some developments since then, especially some recently reported cases.
There has been no shortage of major decisions in the courts affecting children and it would be possible to provide a rather large catalogue of these, not least of the burgeoning jurisprudence of the family courts as they grapple with the implications of the Human Rights Act 1998. But some decisions stand out. In the private law these include the Court of Appeal's attempt to deal with the problem of a conflict of interests between two children in the harrowing case of Re A (Conjoined Twins: Medical Treatment) and its attempt to balance the human rights of mothers, fathers and children in ‘relocation’ cases in Payne v Payne. These and other decisions expose to some degree the apparent tension between the traditional welfare or paramountcy principle and human rights considerations – a fertile area of academic debate in recent years. In the public law there have been major decisions of the House of Lords concerning the statutory threshold for public intervention where the child has been injured by an unknown perpetrator, and the extent to which the courts may review the care plan of the local authority.
Andrew Bainham Christ's College Cambridge November 2004
Domestic Violence, Crime and Victims Act 2004: A Practitioner's Guide (Revised Sept 2005)
Edition: Revised Edition September 2005 - Includes 2005 Addendum containing details of Commencement orders and other subsequent developments 2005
Authors: Richard Ward and Roger Bird
ISBN: 085308953 1
Price £35.00 RRP UK
Publication Date: March 2005
Publishers Press Release and Information
The Domestic Violence, Crime and Victims Act 2004 will make significant changes to the way in which instances of domestic violence are dealt with by the courts, together with measures to improve the treatment of victims and witnesses of domestic crime.
This new work will be essential reading for all family and criminal lawyers, as well as practitioners within the criminal and family justice systems. In addition to the detailed commentary, the full text of the Act is included.
The Act makes many changes to the existing legal framework, including:
breaches of a non-molestation order will become a criminal offence and same-sex couples will be included within the definition of 'cohabitants';
There will be a new offence of causing or allowing to cause the death of a child;
Multi-agency domestic homicide reviews will be established following the death of a person resulting from violence or neglect by a relative or within an intimate personal relationship;
Common assault will become an arrestable offence;
The Protection from Harassment Act 1997 will be amended to enable courts to extend the availability of restraining orders on conviction or acquittal in order to protect the victims;
Changes to powers following a finding of insanity or unfitness to plead;
Measures to allow non-jury trials in the Crown Court where the instances of offending conduct are too numerous to be dealt with at a single trial;
Changes to intermittent custody;
The Home Secretary will be required to issue a code of practice for victims and witnesses of crime to be followed by those who have functions relating to victims or the criminal justice system as a whole; and
There will be a Commissioner for Victims and Witnesses.
REVIEW of 1st Edition
The Domestic Violence, Crime and Victims Act 2004, which received royal assent in November 2004, has been described as the biggest overhaul of domestic violence law in 30 years. However, the scope of the Act extends well beyond legislation relating to domestic violence per se and includes measures designed to strengthen the rights of victims and witnesses of domestic crime in order to ensure they receive help, support and protection. As a result, the Act covers a diverse range of topics in its 62 sections and 12 schedules, and these impact on family, civil and criminal practice. The busy practitioner in any of these areas should therefore appreciate this guide which sets out the provisions of the Act in a clear, concise manner and also includes the full text of the Act and a draft of the new Victim’s Code of Practice issued under s 13 of the Act.
Following a brief introduction, each chapter begins with a useful summary of its content. Chapter 2 deals with changes to what may be regarded as the ‘core’ of domestic violence legislation - non molestation order, harassment, restraining orders and occupation orders. The authors acknowledge that the purpose of the book is not to provide a detailed guide to the whole law relating to domestic violence (p7). However, the chapter does provide a useful summary of the provisions of Part IV of the Family Law Act 1996 and the Protection from Harassment Act 1997 to enable the reader, who may not be familiar with the pre-existing law to understand the effect of the 2004 Act. The chapter then moves on to a more detailed explanation of the changes made by the Act, which include both substantive and procedural changes and the creation of a new offence for breach of an order.
Chapter three focuses on the changes brought about to tackle the problem of identifying the perpetrator in cases where a child or vulnerable adult has died as a result of an unlawful act. Following recommendations made by the Law Commission in 2003, s 5 of the Act introduces a new criminal offence of causing or allowing the death of the victim, thereby extending criminal liability to those who lived in the same household and had frequent contact with the victim and who should have been aware that the victim was at significant risk of serious physical harm and failed to take reasonable steps to prevent that harm. The Act also introduces amendments to the evidential rules in associated cases of murder or manslaughter. Although it is anticipated that there will be a small number of prosecutions for the new offence, practitioners need to be aware of the changes and the chapter provides a comprehensive review of the main issues, including discussion about potential conflict with the defendant’s right to fair trial.
Chapter 4 outlines the provisions of ss 17 – 21 of the Act which are designed to ensure the more effective prosecution of multiple offending by allowing the trial of some (but not all) of the counts included in an indictment to be conducted without a jury. These provisions are obviously applicable to a wider range of offences than those involving domestic violence, with problems encountered in cases of fraud constituting one of the driving forces behind the reforms. This reflects the diversity of changes contained within the Act, a theme which is continued into chapter 5, entitled ‘Criminal Justice Changes’. This chapter provides an overview of the numerous substantive and procedural changes contained in the Act which are not discussed in other chapters of the book, including, inter alia, the procedures for determining fitness to plead, minor changes to police powers of arrest and powers relating to warrants and changes to intermittent custody (which was introduced by the Criminal Justice Act 2003).
Chapter 6, the final chapter, focuses mainly on Part 3 of the Act, which makes provision in respect of victims and witnesses of crime. The background to the production of the Victim’s Code of Practice (an indicative draft of which is included as in appendix 2) is explained in detail, followed by consideration of the effect of breaches of the Code and the obligations of service providers. The chapter then moves on to consider the specific right of victims of sexual or violent offences to make representations and receive information, provisions relating to financial support to aid victims and an overview of institutional and procedural changes brought about by the Act. The chapter concludes with introduction of domestic homicide reviews. As the authors comment, it may seem incongruous to deal with the establishment of a review process for domestic homicide in the context of a discussion of victims (p107). However, they justify its inclusion in the chapter on the basis that the introduction of the reviews is seen as a key element in preventing such homicides from occurring, which at least has the benefit of lending the closing paragraphs of the book an optimistic slant!
Overall, the book contains sufficient background information to enable the reader who is not an ‘expert’ on the pre-existing law to understand the changes contained within the Act, a significant number of which have yet to be implemented. However, it is not intended as a critique of the provisions of the Act and so contains little by way of critical analysis of the policies underlying the reforms. Whilst this may restrict its appeal to academics, the book is well written and is recommended as a valuable resource to practitioners who will benefit from the comprehensive overview of the provisions of the Act provided by the book.
PUBLIC ORDER LAW Richard Card
Major public order offences
Threatening, abusive, insulting
or disorderly conduct and
Inciting racial hatred
Processions and assembles
Collective trespass or nuisance
Miscellaneous public order
Most of Author's PREFACE
Public disorder of various kinds is never far from the public eye. As has been the habit in modern times, Parliament has responded with legislation on a number of occasions. of occasions, particularly. in the last 1,5 years, to deal with perceived needs. The apparent inexorable march of public order law must now be reconciled with the provisions of the Human Rights Act 1998, and the Convention Rights to which it applies, which will come into force soon after this book is published. Although at the time of writing the coming into force of the substantive parts of the 1998 Act is over seven months away, this book is written on the basis that that Act is in full force. Chapter 1 contains a basic outline of the Human Rights Act 1998 and of its impact on English law and the English Legal System. Readers who are already familiar with these matters may safely skip this part of the text.
Sonic chapters in this book build on work previously published under my name, particularly Public Order - The New Law. published by Butterworths in 1987. As a perusal of' the text shows, however, the law has not stood still - nor has my interpretation - since my original writing, so that the text in the relevant part of this book is often significantly, different from my previous work.
In writing this book. 1 have tried to bear in mind the needs riot on]\ of the legal profession, but also of the magistracy, of members of police forces, of law students and of others who may read it.
For reasons of economy of space, all references to Acts of Parliament and subordinate legislation are to those instruments as amended and without reference to the amending legislation.
1 have tried to summarise and explain the law as it was on 1 November 1999, although 1 have been able to include at proof stage some changes up to 1 February 2000.
Public Order Law is a thorough and authoritative examination of the subject which takes full account of all the recent legislative changes (including the new anti-social behaviour orders) and case law as well as the impact of the European Convention on Human Rights on our public order law.
Public Order Law answers the following questions:
Can possession of a dangerous article constitute an affray?
When can the police exercise their preventive powers against someone on the basis that others may react violently to his conduct?
What defences are open to someone charged with an offence involving threatening, abusive or insulting words or behaviour?
Can anti-hunt saboteurs who trespass with a view to doing something to disrupt the hunt be guilty of aggravated trespass?
What is a domestic football banning order? When can it be imposed?
This is the only fully up-to-date work available which deals with the complete range of public order offences from the most serious involving, for example, riot and violent disorder to the most minor, such as disorderly conduct and the powers authorities have to prevent civil disorder. There is full discussion of procedural matters and of the application of the law in practice.
Written by Richard Card, author of several best-selling titles, Public Order Law brings together a complete analysis and evaluation of the law on public order in England and Wales for criminal law practitioners, the police force, local authority lawyers and magistrates, No other book covers this topic so comprehensively,
Takes full account of the new Protection from Harassment Act 1997, the Crime and Disorder Act 1998, the Human Rights Act 1998 and the Football (Offenders and Disorder)
Sex Offenders: Law, Policy and Practice
Edition: 2nd 2005
Author: Cathy Cobley
ISBN: 0853089795 (paper cover)
Price £45 RRP UK
Publication Date: July 2005
Publisher’s Press Release
Sex Offenders: Law, Policy and Practice is a unique and authoritative book examining sexual offending and the management of sex offenders. This new edition has been extensively re-written to take into account the fundamental changes in law and practice following the Sexual Offences Act 2003, which brought about the most radical overhaul of sexual offences legislation for 50 years. This book offers a clear explanation of relevant legal principles and practice, written for legal and non-legal professionals alike.
This new edition has been extensively re-written to take into account the fundamental changes in law and practice following the Sexual Offences Act 2003, which brought about the most radical overhaul of sexual offences legislation for 50 years. In addition the Criminal Justice Act 2003 has introduced a new sentencing regime. Other changes include the introduction of the National Offender Management Service and the Bichard Inquiry made recommendations concerning the recording of criminal intelligence and the consequences of failures by police in the recording, retention and disclosure of relevant information.
During the late twentieth century there was an unprecedented rise in the level of concern over sex offenders and this concern resulted in a flurry of political and legislative activity. The first edition of this book, published in 2000, charted the process of the growing concern and examined the changes brought about by the resulting activity, thereby providing a comprehensive account of the law, policy and practice relating to sex offenders. The second edition includes the developments that have occurred during the last 5 years. Writing this edition has been no easy task. The two most significant changes during this period have been the radical overhaul of the substantive criminal law on sex offending brought about by the Sexual Offences Act 2003 and the new sentencing regime introduced by the Criminal Justice Act 2003. Yet alongside these major changes, there have also been numerous other changes in the law, practice and policy relating to sex offenders which have necessitated not only a significant amount of updating of the material contained in the first edition, but also the rewriting of substantial parts of the book.
The overall aim of the second edition, however, remains the same. Sexual offending may impact on the work of numerous professionals, not only those who have direct contact with the offenders through the criminal justice system but also those concerned with the protection of children and other potential victims, the allocation of housing and the treatment of offenders themselves. This edition has been written with all such professionals in mind and I hope it will prove to be an up-to-date and invaluable source of reference for all. It includes relevant general information on the criminal justice system so that those who do not have a detailed knowledge of legal issues and procedures can understand the significance of the many recent developments which have taken place in relation to sex offenders.
The law is stated as at 1 May 2005.
Cathy Cobley Cardiff Law School
About the Author
Cathy Cobley is Senior Lecturer in Law at Cardiff University and a former police officer.
As expected this is a comprehensive and detailed sourcebook covering a wide range of issues relating to the laws pertaining to sex offenders. The second edition builds upon and updates the original text, incorporating the Sexual Offences Act 2003 and the Criminal Justice Act 2003. As the author acknowledges, this was no easy task but Cobley achieves what she sets out to do in providing an up to date reference point for all those who work either directly with sex offenders or with individuals who have suffered the consequences of their actions. The book is essentially divided into three parts: chapters 1 to 3 deal with the prosecutory aspects covering pre-trial issues and the initial investigation through to the trial process itself. Chapters 4 and 5 address sentencing provisions and criteria, the Offender Assessment System and Sex Offender Treatment Programmes. Chapter 6 examines the relationship between custodial sentences and the role of the Probation Service, linking into the final two chapters. Chapter 7 focuses on the monitoring and surveillance of sex offenders controlled through MAPPAs -Multi Agency Public Protection Arrangements and the use of Sex Offender Orders and Risk of Sexual Harm Orders. Chapter 8 covers a number of issues relating to the rehabilitation of sex offenders back into the community, including the very real restrictions on their private lives such as suitable accommodation and revelation of their past history in relation to future employment. A final concluding chapter offers some critique of the existing provisions and sensible pointers to improving conviction rates and more effective offender management.
The book is generally well structured and laid out with good use of titles and sub-headings which clearly separate and highlight the key issues and related sub-themes. Sufficient legal detail and analysis is provided to satisfy those with primarily a theoretical or jurisprudential interest while at the same time offering clear and understandable explanations of the legal rules and provisions. The substantive law is well covered, but perhaps just as importantly for many professionals working in the field it is the procedural aspects which may be crucial but frustratingly less accessible, often embedded in statutory instruments and official documents. Cobley tracks these well, not least in drawing together the various policies and legal sources to make a coherent and accurate model. Another strength of the book is that it utilises a wealth of contextual material drawing on an amount of published empirical research such as surveys, statistics and Government reports, which not only reinforce and underpin assertions about the effectiveness (or not as the case maybe) of the law and its development, but help give a real sense of how the law is practically operating in this very difficult and sensitive environment for all concerned. A book then that should be recommended as a real asset to all those who work with sex offenders either directly or indirectly.
A well written and useful book which covers its subject fully, Sexual Offences are part of the syllabus for Police Training and Promotion Exams, this book will enlarge the information given in the police promotion manuals and a copy should find its way into every police station or police library. The book, comes highly recommended.
The Human Rights Act 1998 is set to have far reaching implications upon every aspect of the criminal justice system. Criminal Justice and the Human Rights Act 1998 is the only book to provide a detailed analysis of what this will mean for criminal lawyers.The Act has the potential to allow challenges to existing legislation and could provide new lines of defence in criminal trials. It also introduces rights governing the treatment of suspects and affects evidence in criminal trials. In particular, the book highlights those aspects of existing legislation which will be most open to challenge so it is essential reading for anyone working within the criminal justice system. Written by a team from the University of Kent at Canterbury Criminal Justice and The Human Rights Act 1998 will prepare everyone working within criminal justice for the radical changes in store.
The second edition of this best-selling title provides clear and practical commentary upon the impact that the Human Rights Act 1998 continues to have upon every aspect of the criminal justice system ranging from the investigation of crime and the treatment of suspects through to the use of evidence in trials.
Criminal Justice and the Human Rights Act 1998 has been fully updated to take account of the first significant decisions interpreting the Act and expanded to include more detailed consideration of many vital issues including:
The searching of premises in the light of Article 8 (right to respect for private life);
The effect of Article 6 (right to fair hearing) upon the right of the accused to remain silent and whether adverse inferences may be drawn from such silence;
The circumstances under which the interception of rnail and telephone tapping are authorised by the Regulation of Investigatory Powers Act 2000; the hearsay rule and its compatibility with Article 6;
The procedures for reviewing discretionary life sentences assessed against Article 5 (right to liberty and security);
How elements of our prison regime are likely to stand up in the light of Article 3 (freedom from inhuman or degrading treatment).AUTHORS Steve Uglow, Reader in Law, University of Kent at Canterbury Deborah Cheney, Lecturer in Law, University of Kent at Canterbury Lisa Dickson, Lecturer in Law, University of Kent at Canterbury John Fitzpatrick, Solicitor, Lecturer in Law, University of Kent at Canterbury, Director of the Kent Law Clinic
A Criminal Practitioner's Guide to Judicial Review and Case Stated
1999, £45.00 inc UK p&p, hardback
Adrian Fulford QC and Hugh Southey, Barrister, are both members of the Chambers of Michael Mansfield QC, 14 Tooks Court
A practical examination of judicial reviews and appeals by way of case stated in crimlnal cases Written by, and for, criminal practitioners, this book will provide a thorough grounding in the subject.
A Criminal Practitioner's Guide to Judicial Review and Case Stated offers ln-depth tactical advice to equlp the criminal lawyer with the knowledge required to know where and how a decision can be challenged
The authors indicate the types of decision open to challenge and explain the appropriate remedies. Detailed guidance, including extensive annotated precedent material, on the procedure to be followed is given. This highly practical work will be relevant to any criminal law practitioner, whether acting for the prosecution or defence as well as magistrates' clerks.
The scope of the Hlgh Court's jurisdiction
The grounds that can be raised in an application for judicial review
The grounds for appeal by way of case stated and an application for Habeas Corpus
When should criminal proceedings be brought in the High Court?
Considerations that arise before applying to the High Court Procedural matters common to ail Crown Office Proceedings
The procedure for bringing an application for judicial review
Procedure for applying for a writ of Habeas Corpus
Procedure for appealing by way of case stated Orders for interim relief that the High Court may make during proceedings
Orders for relief available to the High Court at the end of proceedings
Legal aid and orders for costs
Criminal proceedings in the High Court and Human Rights
16 judicial review
4 case stated
4 procedural guides Legislation and Forms
Lawyers will find this more relevant than police officers; however Chapter 1 should be read by police officers if their Force decide to provide a copy at the Training Center or Force Library, Chapter 1 explains what Judicial Review is and more to the point "What is case Stated". Many police officers refer to "any" case decision as a "case stated" which of course is wrong
Title: Proceeds of Crime Act 2002: A Practical Guide>
Author: Jonathan Kirk, Benjamin Gumpert and Andrzej Bojarski
ISBN: 085308806 3
Publishers Jordan Publishing Limited
Price: £35.00, paperback, UK
Publication Date: February 2003
This Act seeks to deal with the recovery of proceeds of crime by creating an Assets Recovery Agency. It received Royal Ascent on 24th July 2002.
The minimum amount for consideration under this Act was set in December 2002 as £10,000.
The first 5 sections of this Act which create the Assets Recovery Agency came into force on 13th January 2003.
The Proceeds of Crime Act 2002 introduces a new regime for seizing assets that have been acquired through criminal conduct. The new Act:
Unifies the confiscation regime for drugs and other offences;
Creates an Asset Recovery Agency (ARA);
Seeks to target lifestyle criminals;
Replaces and strengthens the existing investigation procedures, providing the Crown Court with a series of new powers to freeze assets and obtain information and disclosure;
Creates new money laundering offences, replacing existing legislation; and
Creates a new right to confiscate assets when criminal conduct can only be proven to the civil standard.
It provides an authoritative and accessible analysis of the new Act, with particular emphasis on the practical aspects of applying for and resisting confiscation orders, and includes draft indictments for money laundering offences. Full consideration of the compatibility of the new Act with the Human Rights Act 1998 is provided. The full text of the legislation as it applies to England and Wales is reproduced together with the draft Code of Guidance issued under s 377 of the Act.
This practical guide is essential reading for all solicitors and barristers practising in crime or civil fraud, the police and other financial investigators. All lawyers need to be aware of the new provisions relating to money laundering which affect the lawyer-client relationship.
Benjamin Gumpert, Jonathan Kirk and Andrzej Bojarski are all barristers from 36 Bedford Row