"Internet Law Book Rewiews, Provided by Rob Jerrard LLB LLM (London)


The purpose of the Legal Action Group is to promote equal access to justice for all members of society who are socially, economically or otherwise disadvantaged. To this end, it seeks to improve law and practice, the administration of justice and legal services.

Legal Action Group (Books) 2009


Support for Asylum-seekers and other Migrants
Edition: 3rd
Format: Paperback
Authors: Sue Willman and Stephen Knafler
ISBN: 9781903307724
Publishers: Legal Action Group
Price: £45
Publication Date: 3rd Sept 2009
 
Publisher's Title Information
 

Author: Support for Asylum-seekers and other Migrants is the only handbook focusing exclusively on the welfare and legal rights of asylum-seekers. It has now been expanded to cover the welfare needs of other migrants, in particular refused asylum-seekers at the end of the process and EU nationals. Note: now includes EU nationals' entitlements.
 
Those working in this complex area of law, often faced with desperate, vulnerable clients, have to quickly assess their rights across a wide range of areas from housing and welfare benefits to social services and NHS provision. Support for Asylum-seekers and other Migrants presents the law in an accessible and practical way for quick reference or in-depth advice. It is up to date to include all the relevant domestic, European and international legislation and case-law, with eligibility tables and hints for dealing with difficult cases.
 
The extensive appendices contain extracts from UK and EU legislation, UKBA documents, contact details for one-stop services, an outline of education rights and a comprehensive section on resources and useful organisations.
 

Contents include:
 
Asylum and immigration law outline
New chapter on EU law and the right to reside
Benefits
Asylum support eligibility
Asylum support provision
New chapter on Section 4 support
New chapter on appeals and remedies
Housing
Community care
New chapter on health care
Up to date to include:
Borders, Citizenship and Immigration Act 2009
Latest decisions affecting EU nationals
Changes to asylum support tribunal structure
Community care duties after R (M) v Slough
Equality duties
Earned citizenship and new housing rights
 

Authors
 
Sue Willman is a solicitor and head of the Public and Human Rights Law Team, Pierce Glynn Solicitors, London, also specialising in social welfare law.
 
Stephen Knafler is a barrister at Garden Court Chambers in London specialising in housing, immigration, community care, mental health and human rights. He is general editor of the Community Care Law Reports.
 

Contributors: Adrian Berry, Adam Hundt and Jawaid Luqmani.
 

Endorsements
 
'Since the second edition of this book in 2004, there have been many changes in the complex field of asylum support law making this new edition most welcome … Stephen Knafler and Sue Willman have not only recorded the changes to the law in this area in this book, they have worked on many of the cases asserting migrants' and asylum-seekers' entitlements to support.' From the foreword by Alison Harvey, General Secretary, Immigration Law Practitioners' Association.
 
'An essential guide for the busy practitioner engaged in assisting asylum-seekers through the welfare and housing minefield.' JCWI Bulletin (from a previous edition)
 
'… invaluable, indeed essential, for practitioners, administrators [and] welfare workers.' Justice of the Peace
 
'… any UK lawyer interested in this area would be well-advised to purchase a copy.' Legal Executive Journal


To see More Information go to the Legal Action Group Website
 
http://www.lag.org.uk/Templates/System/Publications.asp?NodeID=93078&Mode=display


Employment law: An Adviser's Handbook
Edition: 6th
Format: Paperback
Author: Tamara Lewis
ISBN: 9781903307694
Publishers: Legal Action Group
Price: £35
Publication Date: Sept 2009
 
Publisher's Title Information
 

Employment law: an adviser's handbook is the definitive text on employment law for the adviser. Uniquely focused on the claimant, it provides up-to-date coverage of UK and European employment and discrimination law.
 
'There is probably no other book that provides so much information for such a reasonable cost.' Adviser
'Full of invaluable, practical advice.' Briefings (Discrimination Law Association)
'Written by an acknowledged expert in employment law ... intensely practical.' New Law Journal
The author is an acknowledged employment law expert who clearly understands the needs of advisers and trade union representatives. There is clear and succinct commentary on the rapidly growing body of case-law, thorough consideration of the relevant domestic legislation, EU treaties and directives, and practical step-by-step guidance on running a case.
This book aims to make this ever-evolving, and sometimes complex, area of law accessible to both employment law specialists and non-lawyers. Each chapter starts with asummary of key points and there is extensive cross-referencing throughout tofurther aid navigation. The main text is supported by a wealth of precedents, checklists, questionnaires, signposts to other resources and a glossary of terms.
The eighth edition of Employment lawbeen updated to include:
The new ACAS regime replacing the statutory dispute resolution procedures
The return of Polkey
Disability Discrimination Act post-Lewisham LBC v Malcolm
Coverage of rapidly developing discrimination law, particularly age and religious discrimination
Expanded coverage of public sector equal pay cases
The latest cases on who is an employee
The latest cases on statutory holiday entitlement
Employment law: an adviser's handbook is the essential guide for voluntary sector advisers, Law Centres®, trade union representatives, lawyers and any individual looking for a comprehensive, yet accessible, guide to employment law.
 

Chapter 1: Key points
 
All employees have a contract of employment. Verbal contracts have the same status as written contracts, but are harder to prove.
Contract terms may be express, implied or inserted by statute. Express terms are written or verbally agreed. Where there is no express term, an implied term may fill the gap. Terms may be
implied because they are obvious or by looking at what has happened in practice, but not just because they are reasonable.
 
Also, general implied terms apply in most employment contracts, eg the obligation not to destroy trust and confidence. · Under the Employment Rights Act 1996 s1, certain contract terms
must be put in writing. A written statement of these particulars does not necessarily constitute the contract in itself, but often amounts to strong evidence of what the contract is. Changes in
terms should be confirmed in a section 4 statement.
 
Contract terms are often varied during employment, but this can only occur by agreement (express or implied). Where the employer tries to enforce changes to the contract without agreement, this is called 'unilateral variation'.
An employee must respond quickly where the employer tries to impose contract changes unilaterally, otherwise she/he may be taken to have agreed the change by inaction. There are various options for an employee in this situation, but most of them risk dismissal. If an employee is dismissed for refusing to accept a contract
change, the dismissal will not necessarily be unfair.
There are special regulations protecting employees working on fixed-term contracts from unjustified less favourable treatment.
In theory, an employer can be sued for defamation, malicious falsehood or negligent misstatement if s/he writes a misleading or inaccurate reference. In practice, these claims are difficult to bring.
Under the Data Protection Act 1998, workers have access to their own personal data and can seek corrections of inaccurate information held on them.
Monitoring and privacy at work are covered by various specialist legislation as well as the Human Rights Act 1998 and Part 3 of the Data Protection Code.
The Freedom of Information Act 2000 provides access to information held by public authorities.
 
Academic information
 

Courses which recommend Employment law: an adviser's handbook:
LLM: Employment Law - Practical Employment Law module - University of East Anglia - recommended purchase.
BA: Advice Studies - Employment Advice module - Staffordshire University - recommended purchase.
 
Quotes:
 
'Bridges the gap between the law and the practical application of it ... a pit students fall into all too often.' Deborah Ives, University of East Anglia.
 
'Very useful for students as it is a practical guide as opposed to [a] theoretical [one].' Emor Porteous, Staffordshire University.


Tamara Lewis is a senior solicitor of 20 years' experience working in the employment unit of the Central London Law Centre. She conducts extensive training for trade union representatives and voluntary sector advisers. She is co-author of the biannual employment law and practice updates in LegalAction, and author of numerous practical employment law guides and UNISON's The Law and You. Tamara is also on the board of the Discrimination Law Association.
 
To see More Information go to the Legal Action Group Website
 
http://www.lag.org.uk/Templates/System/Publications.asp?NodeID=92984&Mode=display


Prisoners: Law and Practice
Edition: 1st
Format: Paperback
Authors: Simon Creighton and Hamish Arnott
ISBN: 978 1903307717
Publishers: Legal Action Group
Price: £40
Publication Date: September 2009
 
Publisher's Title Information

Prisoners: law and practice is a comprehensive guide to the law governing prisons with a strong focus on prisoners' rights and remedies.
 
The routes for challenging adverse decisions are considered in the context in which they arise, and in addition there is a thorough chapter on the remedies available to prisoners. Relevant law is reproduced in the appendices.
 
Prisoners: law and practice critically analyses the duties the state has to those in detention and provides thorough coverage of all the relevant domestic and international case-law, legislation, policies and guidance. It is set out in an accessible and practical way. The book follows the path of a prisoner through the custodial process from reception at prison, via the issues of categorisation and allocation, prison conditions and rights while detained, to the various mechanisms for release.

Contents include:
 
Legal framework
Starting the sentence
Serving a prison sentence
Living conditions
Healthcare, suicide prevention and deaths in custody
Contact with the outside world
Security issues
Discipline
Release - indeterminate sentences
Release - fixed-term sentences
Remedies
 

The authors
 
Simon Creighton and Hamish Arnott are leading practitioners in the field of prison law. They are the authors of Parole Board Hearings. Please note: This book is out of print but the second edition of Parole Board Hearings is due to be published in December 2009. To reserve copies, please e-mail: lag@lag.org.uk.
 

Endorsements
 
'This is a magisterial study of the interface between prisons and the law.' Stephen Shaw, Prisons and Probation Ombudsman, from his foreword.
 
'This is the most up to date and authoritative guide to prisoners' rights and the prison system. It is superbly written and organised and is, in my view, essential for anyone who works with prisoners.' Andrew Sperling, Association of Prison Lawyers.

'This is the most comprehensive text on prison law, concise and accessible and written with the overarching theme that people deprived of their liberty for whatever reason should be treated with humanity.' Matthew Evans, managing solicitor, Prisoners' Advice Service.


Review

The law has developed considerably since 1972 when Lord Denning was able to say,“...If the courts were to entertain actions by disgruntled prisoners, the governor's life would be made intolerable. The discipline of the prison would be undermined. The Prison Rules are regulatory directions only. Even if they are not observed, they do not give rise to a cause of action, Becker v Home Office [1972] 2 WLR 1173

For any lawyer who now considers that “Justice does not stop at the prison gates, Golder V United Kingdom (1979/80) 1 EHRR 524, this will be an invaluable guide to the legal intricacies surrounding prison law. The book is a very comprehensive guide to everything from cell conditions, discipline, to calculating sentences and release. The style is easy to read and interesting. It is well ordered and easy to find the right section. It is informative and critical where appropriate, but does not preach. It ought to be used in conjunction with the LAG Parole Board book as there is little overlap between the two.

Prison law is currently part of criminal law contracts and it is likely in future to be a free- standing area. It will hopefully continue to develop into a discrete area of law and expertise will have to keep pace. The future of prison law is in doubt like many other areas of law as the LSC have proposed changes in the contracts. Fixed fees are likely to replace hourly payments, and there will be higher supervisory standards.

Prisoners are demanding clients and often knowledgeable, with information gleaned from prisoners' groups and others. This book will be a vital guide. The practitioner will need to have facts at his or her disposal. Prisoners require precise information on release, dates, rights and parole merits. Some areas of prison law, such as calculation of release are extremely complex and these are handled very well in the book. It is useful to see a copy of the Prison Act and Prison Rules. The text is well referenced to Prison Service Orders.

A small criticism is that there is less information on practical steps that can be taken. A list of addresses might be useful, as would precedent letters. The book contains a useful list of abbreviations.

David Pickup

More Details on the Legal Action Group Website
 
http://www.lag.org.uk/Templates/System/Publications.asp?NodeID=93053&Mode=display


Making Legal Aid Work: A Handbook for Practitioners
Edition: 1st
Format: Paperback
Authors: Vicky Ling and Simon Pugh
ISBN: 978 1903307687
Publishers: Legal Action Group
Price: $40
Publication Date: April 2009
 
Publisher's Title Information

Making Legal Aid Work: a handbook for practitioners is the only comprehensive single-volume guide to the civil and criminal legal aid scheme available. It is full of case studies, checklists and practical hints that draw on the considerable experience of the authors.
 
'Making Legal Aid Work:handbook for practitioners is a welcome arrival for both civil and criminal practitioners. The book is clearly set out and has good case studies which clarify the points being made in the text. It sets out in various chapters how to conduct cases and then moves on to how to get paid for the different areas of law! The book is admirably clear on some very tricky points, eg, the description of the statutory charge in family cases. There should be at least one copy in every office where legal aid work is carried out.' Carol Storer, director of the Legal Aid Practitioners Group.
 
'This book is the most comprehensive guide to legal aid since the old fashioned Legal Aid Handbook. It is set out in a very easy to understand way, packed with practical examples which bring the regulations into reality, but also each part is cross-referenced to the relevant LSC specification, regulation or guidance. It is very easy to find your way around with clear logical headings and an excellent index which reflect the day-to-day usage of legal aid practitioners. It has very useful tips on how to deal with everyday problems. It is an essential reference book for all from the senior lawyer to the new paralegal. If only the commission would employ Ling and Pugh to re-write the LSC Manual, then all our professional lives would be easier.' David Emmerson, partner with Edwards Duthie Solicitors.
 
Making Legal Aid Work: a handbook for practitioners is the ultimate quick reference guide to legal aid and provides key information about all the types of public funding, dealing with common queries which crop up frequently in practice. Adopting a practical, hands-on approach, it is an indispensable purchase for new caseworkers and trainees as well as experienced practitioners.
 
Signposting relevant Legal Services Commission (LSC) material and sources of further information it illustrates how to get and keep LSC contracts, as well as providing invaluable insight into the quality standards required: Specialist Quality Mark, Peer Review and Key Performance Indicators.
 
The authors also provide a policy round-up and consider policy developments including Community Legal Advice Centres and Networks.
Contents include:

Part A: Doing legal aid work
Read this before you start!
Taking on civil and family cases
Conducting a civil case
Conducting a family private law case
Conducting a family public law case
Family mediation
Conducting an immigration case
Conducting a mental health case
Conducting a criminal case
Getting paid for civil and family work
Getting paid for criminal work
Part B: Managing legal aid work
The legal aid framework
Legal aid contracts
Quality standards and performance monitoring
Finances
Legal aid - the future
Appendices
Essential reading for all legal aid practitioners including those in Law Centres®, Citizens Advice Bureaux and advice-giving charities, legal cashiers and accountants, district judges and cost officers.
 
Authors

 
Vicky Ling has worked in the not-for-profit advice sector for over 25 years. She was one of the first managers recruited by the then Legal Aid Board to implement its quality assurance standard and is now an independent consultant specialising in legal aid practice. She has worked with over 200 firms of solicitors and not-for-profit agencies to help them improve practice management and meet Legal Services Commission requirements. Vicky was a founder member of the Civil Justice Council and is currently serving a second term. She is a Member of the Chartered Institute of Quality Assurance.
 
Simon Pugh is a solicitor and for eight years was practice manager of Wilson & Co, a large legal aid firm in north London. He is now Head of Legal Services at Shelter. He has extensive experience of civil and criminal legal aid practice, contract management and compliance. He was co-author (with Vicky Ling) of Understanding Legal Aid (2003) and contributed to the Carter Survival Handbook (2007). He is a contributor to Cordery on Solicitors and an assessor on the Immigration Accreditation Scheme.
 
Part of the Introduction

 
1.01 This chapter's title is probably a counsel of perfection, and will be an unfulfilled aspiration for most caseworkers! However, the point we are trying to make is that there are lots of rules and guidance about doing publicly funded work; you need to be aware of what they are,
and consult them where necessary.
 
If you don't, you may have applications or bills rejected by the Legal Services Commission (LSC) for technical errors, or refused because you have not explained your client's case in an appropriate way, or you may have claims for payment disallowed. All these things are important because they may cause your client unnecessary delay, waste your time, and could even threaten the financial viability of your organisation. If you are not sure what to do, look it up and discuss the issue with your supervisor.
 
The Legal Services Commission Manual
1.02 The Legal Services Commission Manual ought to contain all current documentation; but in recent times it has struggled to keep pace with the LSC's reform programme. In this book, we refer to paragraphs in the Manual (which all organisations must have - see the Unified
Contract clause 7). The paragraph number tells you which volume you should look in:
 
Volume 1 - The Framework
Volume 2 - Civil Contracting
Volume 3 - The Funding Code
Volume 4 - Criminal Defence Service
 
References to paragraphs in the Manual in this book and in LSC documentation are in the form 1A-001, which means paragraph 001 of Part A of Volume 1.
 
Wherever possible, we tell you where you can download a document. We know it can be difficult to find documents on the LSC's website, so we have given website addresses to help you locate what you need, although these are subject to change.
 
Read this before you start!
 
The LSC website
 
1.03 Everyone working in legal aid needs to keep up with the latest developments,
and the LSC's reform programme means there's a lot of them! The LSC is sending out less and less information on paper, and relying on you far more to check what's on its website.
You wouldn't want to miss an opportunity to tender, or find that you were using out-of-date forms, for example. So what's the best way of keeping up to date?
 
You could do worse than to check the LSC website every week. If you are really being thorough, you could check the 'About Us' tab and then 'what's new', as where the LSC posts information depends on what it is about.
 
You might want to click the 'Find out more' at the bottom of the LSC's home page and sign up for RSS feeds. RSS (really simple syndication) feeds can be added to a feed reader or Google homepage.
 
You can also sign up to the LSC's newsletter, which will send you a weekly email with updates, announcements and changes. The updates give you a brief summary of the issue, and a link to further information. They make keeping up much easier.


Review

How did the last audit go? How you prepare yourself and colleagues for the next? This book is an excellent introduction to the legal aid scheme and will help with the second question. It is ideal for a partner or manager who may have a good knowledge in their own area of expertise but needs to know more about the system as a whole. It will also be useful for support staff and particularly for those with financial roles in an organisation. For example the sections on costs will tell you whether you can claim for a text message, congestion charge, or photocopying.
 
The book is readable, well set out and referenced, so that you can easily find the right place in the correct resource document. At just over 300 pages it is not an in-depth analysis, but the chapters on how to conduct different cases such as Family, Crime, and Immigration are informative. I turned to my main area of interest, which is Mental Health and I thought this was clear and covered the main points. However, there isn't a separate chapter on Housing and the section on prison law was a bit thin.
 
The section of Supervisors contains some very useful Key Issues from recent audits, but the section on peer review was disappointing since this is such an important area. That subject is covered in just a few pages. The LSC Compliance Aide memoir is very helpful. It sets out what you should do and when, such as monthly file reviews, quarterly KPI checks, six monthly reviews on equality and diversity procedures and annual staff appraisals. However, some things you might want to do more often, such as check whether staff are keeping training up-to-date, and audit the outcome codes.
 
This is not a cheap book, but it is a valuable thorough guide to a complex subject in such a rapidly changing area. Sadly it is not going to tell you short-cuts to successful audits or make life easier with your relationship manager.
 
There is an interesting section on the Future, which will surprise most of us who wonder if it has a future at all. For one thing all bills, APP8s and applications will be processed on line. How will the LSC cope since it has been bedevilled by IT problems. Sadly the book is not entitled Making Legal Aid Pay. Possibly that is a fictional book, however this volume is overall a useful guide.
 
David Pickup

More Details on the Legal Action Group Website at\ www.lag.org.uk

The Justice Gap: whatever happened to legal aid?
Edition: 1st
Format: Paperback
Authors: Steve Hynes and Jon Robins
ISBN: 978 1903307632
Publishers: Legal Action Group
Price: £20
Publication Date: April 2009
 
Publisher's Title Information
 

Author:On 30 July 1949, the Legal Aid and Advice Act was granted royal assent with the intention of ensuring that anyone who needed legal advice would be able to access it. In this timely book the authors describe the origins and history of legal aid as well as New Labour's attempts to reform the system years on. They argue that on its 60th anniversary legal aid has fallen short of its original aims. There exists a marked difference between the numbers of cases pursued to enforce rights and the many potential cases that people never take up as they are either not aware of their rights or they decide it is not worth the trouble to take it further - this is 'the justice gap'.
 
Publication of The Justice Gap coincides with the 60-year anniversary of legal aid, which will have high-profile celebrations across the legal world by, for example, the Legal Services Commission, the Bar Council and the Law Society. LAG will also be running a national conference, 'Legal aid at 60 - bridging the justice gap', twinned with this publication that will be heavily promoted through the legal media.
 
Though UK legal aid is arguably the best funded in the world the authors illustrate that the public are not being well served by the current system which has emerged from the recent reforms. They clearly articulate the necessary, essential reforms to bridge the justice gap that has been created and also to bring into reality the intentions of the original Act. This title will be of great interest to all legal aid practitioners and commentators and an essential purchase for policy-makers and students across the legal and social policy sectors.
 
Contents:

 
Introduction: the justice gap
Early days: poor man's law
Legal aid: the most friendless wing of the welfare state
New Labour: papering over the cracks
New Labour: from crisis to Carter
Mind the gap
Family: heading for
Personal injury: accident waiting to happen
Supplier-induced demand
Bridging the gap: proposals and possible solutions
 

The authors:
 
Steve Hynes is LAG's director. He is a well known commentator in the written and broadcast media on legal aid and access to justice issues. Prior to joining LAG Steve was the director of the Law Centres Federation (LCF) and has worked as manager of a citizens advice bureau in Manchester as well as Rochdale Law Centre®.
Jon Robins is LAG's communications and campaigns director. He is also a freelance journalist and author.
 
Endorsements

 
'Legal aid and the public service professionals who dispense it have had a battering in recent years. Yet in hard times when you don't trust the politicians, the bank manager or the bailiff at the door, a lawyer starts looking like your last hope. This book is an impressive attempt at preserving the hope that everyone might have access to justice in this country.' Shami Chakrabarti, Liberty.
 
'This book is an important contribution to an essential debate we need to have about how to best create a legal aid system fit for the 21st century.' Baroness Helena Kennedy QC, from the foreword.
 

From the Introduction
 
At the time of writing in late 2008, the country is in the grip of a growing economic crisis. The number of people losing their jobs is on the sharpest incline since the recession of the early 1990s, and the number of homes being repossessed is rocketing, with some 120 people losing their homes each day. At this time, perhaps more than any other period in the last decade, people of all means need access to good quality legal advice.
 
It is 60 years since our system of legal aid was first conceived as part of the welfare state; however, we are now at an impasse. Fewer than one in three of us are eligible for help under the scheme that has slowly but steadily been eroded. Campaigners have spoken out increasingly vociferously about the legal aid 'desertification' where tracts of England and Wales are left with little or no access to free legal advice. Practitioners complain bitterly about the demoralizing cumulative impact of years of continuous reform, pay freezes, or begrudging rises in rates that have long fallen behind inflation. There is compelling evidence of private practice law firms leaving publicly-funded law.
 
It is inaccurate to suggest that legal aid has entered some new period of crisis. However, that 'crisis', as a result of a long-term absence of vision on the part of those that run legal aid together with an alienated supplier base, has became a way of life for the sector. This book is the Legal Action Group's (LAG's) contribution to a debate about the future of legal aid at a time when that future - certainly, that of the civil scheme - seems far from certain. The Justice Gap attempts to identify the principles that LAG believes should underpin a modern legal aid system. The book also seeks to make a case for its place among the other vital public services and to look. The justice gap / introduction forward and identify proposals for improving access to justice. Legal aid was recently described as the 'most friendless wing of the welfare state'.1 Perhaps above all, the book seeks to explain why an unfairly under-valued, embattled but essential public service like legal aid still matters and why that service should be supported by public and politicians alike.


Review
 
Do you remember “Green Forms” or when the Law Society ran legal aid? Do you know when the Legal Aid Board became the Legal Services Commission and why? Sixty years on from the passing of the 1949 Legal Aid and Advice Act this book critically examines the provision of legal services to people who cannot pay for them. There is a long section on the history of poor man's law which goes back much further than perhaps may be thought and it is brought right up to date with the current proposals. The book ends with some suggestions to cure the perceived ills and tables of statistics on money, how and where it is spent.
 
The historical analysis is interesting and readable. It explains a lot about the politics behind the different approaches governments have had to legal aid. There is a heavy emphasis on the Legal Action Group's campaigning and there could have been more on the changing social background in which lawyers work. Legal aid lawyers respond to their clients' needs. Certainly the current recession has lifted the lid off society's woes. There are more people unemployed, in debt, in relationship breakdown all chasing reducing services and rights to compensation.
 
Over the years the profession and different governments have debated whether legal aid is a charity to be provided by the profession as pro bono work, or a welfare service like the NHS delivered as of right.
 
The book does not really deal with the growth in areas that almost are exclusively publicly funded, or how rights have developed through legal aid. As we look into the crystal ball and wonder whether tendering will go the way of preferred suppliers (remember that) what does the next sixty years or sixty weeks hold for us? To my mind the suggestions in the book for reform are vague. I cannot see any more money being available and there will be more pressure to rely on insurance schemes, and more work will be done by fewer qualified people who are supervised by professionals working an increasingly bureaucratic scheme.
 
There are heartening accounts of how previous schemes have collapsed and the whole system has had to be rebuilt. Is that what will happen as firms desert the scheme and as a decreasing number of students want to practise in this area? We all perhaps have horror stories about legal aid. There is an alarming passage about a client who had to travel by train from Wales to see the closest solicitor available in West London. In 1950 80 per cent of the population was entitled to legal aid, dropping to 40 per cent by 1973 and 29 per cent now.
 
Overall, this is an entertaining and readable book looking at what otherwise would be a dry subject.

David Pickup

More Details on the Legal Action Group Website at\ www.lag.org.uk

Human Trafficking - Human Rights: law and practice
Edition:(April 2009)
Format: Paperback
Author: Sandhya Drew
ISBN: 9781903307656
Publishers: LAG
Price: £30
Publication Date: 2009
 
Publisher's Title Information
 

This unique publication sets out the legal framework and practice at national level with regard to human trafficking, including the changes brought about as a result of the UK ratification of the Council of Europe Convention on Action against Trafficking in Human Beings. Human Trafficking - Human Rights: law and practice will be of great use not just to practitioners, advisers and policy-makers working directly with victims of trafficking but also to the non-specialist practitioners who encounter trafficked persons and would like to know how best to help them.
 
'Published by the Legal Action Group, this timely, informative and highly practical contribution to a difficult subject will be welcomed by practitioners, advice workers, trade unionists, employers and students alike … The author has succeeded in her aims of informing all those who may be called upon to advise upon or think about these issues, and enabling a better understanding of when and how they can arise and, most importantly, of what they can do about it.' Mrs Justice Cox, from the foreword.
 
Trafficking in human beings has become a major problem in the UK with an increasing number of people, the vast majority of them women and children, from impoverished parts of the world falling victim to trafficking for the purposes of sexual or other exploitation. The victims of trafficking regularly find themselves in a perilously vulnerable situation, often facing coercion and violence, unprotected by employment law safeguards and fearful of attempting to get help from the relevant authorities.
 
Human Trafficking - Human Rights: law and practice sets out to explain and discuss issues of theory such as definitions of legal terminology but goes further, providing invaluable practical guidance on how to assist victims. Covering both the use of civil law as well as criminal law, it provides helpful advice on how to deal with the identification of victims and how best to use national referral systems.
 

Contents include:
 
Introduction
Human trafficking in international law
Legal framework at European level
National law and practice
The criminal offence of trafficking for sexual exploitation
Protection of children
Trafficking for the purpose of exploitation
Short-term assistance and support
Victims in the criminal courts
Compensation
Long-term solutions for individuals
Labour inspection
Representing migrant workers
Removing the profit
 

The Author
 
Sandhya Drew is a barrister at Tooks Chambers in London specialising in equality, employment and human rights law. She sits on the Learning and Development Group of the UK Human Trafficking Centre and has conducted first-hand research in the area of human trafficking in Europe and Asia. She has also published on this topic in the European Human Rights Law Review, the Common Market Law Review and Legal Action.
 

Part of Introduction
 
2 Human Trafficking - Human Rights/ chapter 1
 
An important understanding of this definition [of trafficking] is an understanding of trafficking as a process comprising a number of interrelated actions rather than a single act at a given point in time. Once initial control is secured, victims are generally moved to a place where there is a market for their services, often where they lack language skills and other basic knowledge that would enable them to seek help. While these actions can all take place within one country's
borders, they can also take place across borders with the recruitment taking place in one country and the act of receiving the victim and the exploitation taking part in another. Whether or not an international border is crossed, the intention to exploit the individual concerned
underpins the entire process.


Review
 
Two hundred years after parliament passed the abolition of the Slave Trade Act millions of people world-wide languish in slavery, forced to work, under threat of violence for no pay. To abolish this, the Royal Navy fought this foul trade, costing the British Exchequer 36 million in today's money and the lives and health of thousands of Officers and Men. See http://www.rjerrard.co.uk/royalnavy/pen/pen2007.html#slave
 
Where does that leave us? Every year, millions of women and children are abducted, deceived, seduced, or sold into forced prostitution. Once the word 'Trafficking' suggested drugs, but in the 21st Century organised crime has found an even more lucrative market. Desperate migrants risk their lives and life-savings to be smuggled to the West.
 
In her Foreword Mrs Justice Cox points out that it is estimated that in 2007 five thousand people were trafficked into the UK at any given time. She also said that 'those who are called upon to advise or act for people who are victims of trafficking need, firstly to recognise what they are dealing with and, secondly to know how best to use the law or offer practical support….'
 
That then is why this book is important.
 
There should be no form of slavery world-wide and certainly as far as England is concerned, it was decided long ago in Somerset v Stewart 12GEO3 1772KB, where Lord Mansfield said when freeing a black slave on English soil. ( The decision was relatively narrow: )
 
'The state of slavery is of such a nature, that it is incapable of being introduced on any reasons, moral or political; but only positive law, which preserves its force long after the reasons, occasion and time itself from whence it was created, is erased from memory: It's so odious, that nothing can be suffered to support it, but positive law. Whatever inconveniences, therefore, may follow from such a decision, I cannot say this case is allowed or approved by the law of England; and therefore the black [sic] must be discharged.'
 
Although Lord Mansfield decided as he did, he had not wanted to try the case and tried everything possible to avoid it by asking the parties to settle. Another fact was that slavery continued in the Colonies for another sixty-one years until 1833.
 
This book clearly details all the law and practice for those who need to know, in addition Appendix 1 lists resources, that is lists of useful addresses and telephone numbers and E-Mail where possible.
 
I highly recommend this book to anyone working in this filed, particularly. Practitioners, Advice Workers, Trade Unionists, employers, students and Police Officers.
 
Rob Jerrard

More Details on the Legal Action Group Website at\ www.lag.org.uk

·         "Internet Law Book Reviews" Copyright Rob Jerrard 2009