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Police Station Skills for Legal Advisers kit (two books)

The Accreditation Manual & The Practical Reference (both Available separately at £59.95 RRP UK )

Edition: 3rd 2004

Author: Eric Shepherd

ISBN:  1853287571

Publishers: The Law Society

Price:  £109.95 RRP UK

Publication Date: May 2004

Police Station Skills for Legal Advisers is an essential two-part reference for those engaging in active defence in the police station. It provides a wealth of information for all legal advisers whether seeking accreditation or already accredited.

Written in a clear, practical fashion, this popular kit covers all you need to successfully defend a client, including:

The law and official guidelines

Police investigation and case-building          

The various forms of evidence          

Pre-interview disclosure

Police interviewing and other investigative procedures

The practices and procedures of investigating, custody and identification officers

Working with interpreters and an appropriate adults

Assessing the client's emotional, mental and physical state

Identifying and advising on the safest defence

Preparing a defence statement

Preparing the client for interview or an identification procedure.

The third edition takes account of the many fundamental changes that have occurred since the second edition - in the law, police investigation and the detention and questioning of individuals in police stations.

This kit consists of the Accreditation Manual and the Practical Reference, both of which are available separately.

Police Station Skills for Legal Advisers is endorsed by the Criminal Law Committee of the Law Society.

The author Eric Shepherd has extensive experience of working with the criminal justice system, including 23 years as a consultant to the police service in investigation and investigative interviewing.


Title: Sexual Offences Act 2003 A Guide to the New Law

Edition: 2004

Author: Paul Lewis

ISBN: 1853289655

Publishers: The Law Society

Price £34.95 RRP UK

Publication Date: Feb 2004

The Sexual Offences Act is the most far-reaching and comprehensive legislative reform in the area for over 100 years. It aims to overhaul and consolidate all sexual offences into one major Act and to introduce and define a number of new offences.

This guide provides detailed advice on the practical implications of these radical changes including:

Strengthening and modernising the law on sex offences, including consent, indecency, prostitution, trafficking, sexual assault and rape

Increased protection for children and vulnerable people

The introduction of measures to tighten the requirements of the sex offender's register and improve monitoring of offenders.

Written by a practising criminal lawyer, this authoritative guide is essential reading for criminal lawyers who need to advise clients on the new law. In addition to detailed commentary the book includes the full text of the new Act.

ABOUT THE AUTHOR:

Paul Lewis is a Partner and Solicitor Advocate at David Phillips and Partners in Liverpool. He is co-editor of, and a regular lecturer for, CrimeLine, the online weekly criminal law updater. His experience in handling sex offence cases has meant he has been consulted by the All Party Group into Abuse at Childrens’ Homes and instructed on the recommendation of FASO, representing those falsely accused of sexual offences.

CONTENTS

Part 1. Offences;

1.      Introduction;

2.      New sexual offences;

3.      Child sex offences;

4.      Abuse of position of trust;

5.       Familial sexual offences;

6.      Offences against persons with a mental disorder;

7.      Offences relating to prostitution, pornography and trafficking;

8.      Other offences;

9.      Part 2. Notifications and orders;

10.  Sexual Offences Prevention Orders;

11.  Foreign Travel Orders;

12.  Risk of Sexual Harm Orders;

13.  Miscellaneous provisions contained within the Act;

Part 3. The Sexual Offences Act 2003.


This is a landmark statute that repeals almost all of the Sexual Offences Act 1956 and many other statutory provisions enacted since, it is, "a new criminal code of sexual offences".

Within the Police service there will be a need for a complete re-write of training manuals and training courses - in fact as with other times when legislation has drastically altered the law, eg; (Theft Act 1968, and PACE 1984), there will be a need for short courses to help officers absorb all the changes.

For those teaching or preparing these courses something more than the bare statute will be useful; - albeit it also contains the statute in full.

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 the offence, it will not be an offence under this new section to expose breasts or buttocks,


Another Review

 Whilst recently completing my BSc in Forensic Science, my third year research dissertation was entitled "An analysis of the grooming processes used by paedophiles on the Internet."  As a part of the research process I had to analyse the recent laws that had been passed in relation to grooming as an individual offence and implemented into the new Sexual Offences Act 2003.  My initial (and wrong) assumption was that an extensive understanding of the law would be the core of my project.  However as I progressed with research, I found that my need for knowledge of the new laws passed would be a rather minor part of the project.

For this purpose the book Sexual Offences Act 2003: A Guide to the New Law, was an excellent resource for an understanding of the new law.  The layout was a very logical and easy to follow manner, using different font sizes, capital letters and underlining titles.  The guide overall was extremely comprehensive, clearly explaining each section of the new law including a useful explanatory commentary at points where terms may not be fully understood or unclear in the wording of the Act.

It began with a background to the introduction of the new legislation and the procedure, which was taken in order to implement it into law.  At this point were also detailed issues that the new law had failed to recognise and implement into the law. From a personal standpoint rather than an academic perspective, I found it interesting that date rape had not been included in the Act and my intrigue was satisfied by the information supplied within the chapter.

For the purposes of my research, my primary focus was on Chapter 3, which covered the topic of child sexual offences, in particular, the offence of meeting a child following a sexual grooming.  The information contained within the 1.5 pages covering the grooming offences was extremely useful for my understanding of the law, and essentially translating the wording of the legislation into a simplified guide.  Every sentence contained a relevant point of information, so essentially the purpose of the text was never deviated from and at no point was there a sense of rambling, a theme which was continued throughout the book.  I did however note that there had been no mention of the fact that as the legislation was being proposed, the maximum sentence was given at 5 years and then increased to 10 years.  I mention this as it had caused me some confusion when I began to read further around the topic, using this book as my basis for information on the subject of the legislation of grooming.

A vast proportion of the book was appendices, containing the full text of the Act, I found it was useful to read the section relevant to my studies as it is written in legislation and then using the information contained within the chapters of the book in order to understood the implications of the legislation and covering any points which were not fully explained within the act. An unexpected appendix, which drew my attention, was that of minor amendments which included other acts that had been changed or affected by the introduction of the new law.

This book was written as a guide for Practising Criminal Lawyers.  It is not within my capacity to comment if it would be a useful guide for the targeted audience.  However, as a student needing an understanding of a section of the recently implemented law, I found that it fulfilled my requirements of needing the essential information about the new offence of grooming for understanding and progression with my research. As a ‘guide to the new law’ this book fully met all my expectations including the law in its entirety and a comprehensive and relevant explanation of each section of the new law. I would recommend this book to anyone needing an understanding of the law, its background, its implications and the differences between it and the legislation that preceded it.

I am glad I have had the opportunity to use this book as a part of my studies.

Marie Meehan.


Title: Criminal Justice Act 2003

Edition: 1st

Author: Andrew Keogh

ISBN: 1 85328 877 2

Publishers: The Law Society

Price £34.95 RRP UK

Publication Date: March 2004

Controversial and far-reaching, the new Criminal Justice Act 2003 is one of the most important pieces of criminal legislation ever passed. This comprehensive guide offers a clear explanation as to how the new law will affect current practice. It provides a quick overview of each of the new provisions, followed by a more detailed analysis with reference to appropriate cases and new and existing legislative provisions.

Major proposals contained in the Act include:

*           new charging methods for offences

*           street bail

*           reverse presumptions under the Bail Act for offending while on bail, failing to appear and abolition of high court bail

*           overhaul of disclosure provisions

*           retrial for serious offences

*           overhaul of hearsay provisions

*           new definition of bad character and overhaul of admissibility provisions

*           new prosecution appeals mechanism for termination rulings

*           complete overhaul of sentencing, including new regime for dangerous offenders and life prisoners and introduction of new forms of custody including intermittent custody.

The book includes a copy of the Act in full and details of a website dedicated to keeping abreast of implementation dates. It will enable solicitors to avoid potential pitfalls and negotiate these radical legislative changes with confidence.

ABOUT THE AUTHOR:

Andrew Keogh is a duty solicitor and higher court advocate with Tuckers Solicitors in Manchester. He lectures widely and regularly appears on television and radio in relation to criminal litigation issues. He is the author of the Criminal Appeals and Review Remedies (1999) and CLSA Duty Solicitors' Handbook, 2nd edition (Law Society, 2003).

CONTENTS

1.                 Police powers;

2.                 Bail;

3.                 Abolition of High Court jurisdiction;

4.                 Allocation of offences;

5.                 Jury trial;

6.                 Trial management;

7.                 Prosecution appeals;

8.                 Retrials;

9.                 Evidence;

10.            Sentencing; Appendix: The Criminal Justice Act.


Criminal Defence - Good Practice in the Criminal Courts

 Edition: 2nd edition

Author: Roger Ede and Anthony Edwards

ISBN:  1853288306

Publishers The Law Society

Price:  £44.95

Publication Date: 2002

Criminal Defence is a practical, step-by-step guide to preparing a criminal case.

It prompts solicitors when actions need to be considered, when investigations need to be made, and when information needs to be gathered.

A practical, step-by-step guide to preparing a criminal case in the Youth, Crown or magistrates court.

*           Endorsed by the Criminal Law Committee of the Law Society

*           Offers advice on practice management, case management, investigation of defence and prosecution cases.

Appendices include the mode of trial guidelines, sentencing guidelines and the new code for crown prosecutors.

First edition has been completely updated.

CONTENTS:

1.      The defence solicitor, 2. Legal and professional duties, 3. Practice management, 4. Case management, 5. Obtaining core information, 6. Shaping the case in the police station, 7. Funding the case, 8. The defendant in custody, 9. Determining if there is a case, 10, Representations to the CPS, 11. Advising your client to plead guilty or not guilty, 12. Choosing a place of trial, 13. Preparing for sentence: plea of guilty or conviction, 14. Preparing for different types of hearing in the magistrates' court, 15 The Youth Court, 16. Preparing the case for a plea of not guilty, 17 Preparing for preliminary hearings in the Crown Court, 18. Preparing for a contested trial: magistrates and Crown Courts, 19. Action after acquittal or conviction and sentence, Appendices.

What Reviewers said about the 1st edition:

“There is no doubt that every practice doing crime must have a copy in its library.” Law Society's Gazette

“The information Is clear, unambiguous and current, presented in a very user-friendly way.” Criminal Practitioners Newsletter.

Features include:

A new chapter on Youth Court.

Advice on public funding following the introduction of the Legal Services Commission and the Criminal Defence Service.

Reference to the revised Legal Services Commission Transaction Criteria recommendations following the introduction of the Legal Services Commission Specialist Quality Mark.

Complete text of the Code for Crown Prosecutors 2000, the mode of trial guidelines and sentencing guidelines.

The Standards of Competence required for accreditation as a duty solicitor.

The authors

Roger Ede is a member of the Law Society's Representation and Law Reform Directorate and the Governing Council of the Council for the Registration of Forensic Practitioners. He also sits as a Deputy District Judge.

Anthony Edwards is the Senior Partner in the leading criminal practice TV Edwards, an established author and a lecturer for a range of internal and external training organisations.


Drinking and Driving Offences

Author: Jonathan Black

ISBN: 1853288519

Publishers: The Law Society

Price £29.95 Paperback

Publication Date: December 2002

Drinking and Driving Offences provides practitioners with a logical route through the maze of legislation, practice and case law that has developed around the subject of drink-driving.

The book draws on important case material to explain and highlight the various statutory provisions that apply to the driver who drinks.

Key features:

Analyses all relevant case law on the statutory provisions relating to drinking and driving.

Examines all major challenges in the courts to breathalyser law.

Reviews the statutory provisions relating to the Human Rights Act 1998.

Includes details of the Magistrates Courts' sentencing guidelines. There is a helpful checklists at the end of every chapter.

Written in an accessible fashion, this practical book gathers together all you need to know about statute and case law relating to drink-driving offences in one concise volume.

CONTENTS

An overview of the procedure; The screening breath test; The arrest, Protection for hospital patients; Driving or in charge whilst under the influence; The “in charge” statutory defence; Drinking whilst over the prescribed limit; Evidence of analysis; Using specimen evidence, post-accident consumption and back-calculation; Failure to provide a specimen; Causing death whilst under the influence of drink or drugs; Sentencing.

Author’s Preface

Legislation governing the drinking driver was first passed in 1925 and since that time, the procedural and evidential requirements of such legislation have provided a rich harvest for those whose work brings them regularly into magistrates' courts.

Prior to 1962, it was an offence to drive whilst unfit through drink or drugs; the evidence necessary to prove this being usually obtained either as a result of the way in which the vehicle had been driven or by reference to physical appearance or behaviour on the part of the driver.  In 1962, the offence became one of driving whilst impaired, but unfortunately, no definition of impairment was provided by statute. At the same time provision was made for courts to take account of blood-alcohol levels in determining the extent and nature of the impairment, although in practice, most police forces continued to rely upon evidence of bad driving or behaviour rather than on scientific proof.

The Road Safety Act 1967 was to prove a landmark in providing an evidential basis upon which to found what previously were mere suspicions. The Act, which came into force on 9 October 1967, cre­ated three new offences:

(a)        driving or being in charge of a vehicle having consumed a quantity of alcohol over the prescribed limit;

(b)        refusing to take a screening breath test; and

(c)        refusing to provide a blood or urine specimen for a laboratory test.

The Act also introduced new phraseology into the English language: the breathalyser, a device designed to give an indication at the road­side that a driver was driving or in charge of a vehicle after consum­ing so much alcohol that he was over a prescribed limit - defined as being more than 80 mg (milligrammes) of alcohol in 100 ml of blood, or more than 107 mg in the case of a sample of urine.

The latter provisions aroused strong feelings in Parliament, espe­cially during the Committee stages of the Bill where Mr Gresham Cooke maintained that “the prohibited level could be reached after three or four drinks at a cocktail party”.

The Times newspaper of 25 November 1966 also quoted Mr David Mitchell as claiming that the average guest at a civic function would consume two cocktails, a third of a bottle of wine and a glass of port. This, it was asserted, took him over the limit so that:

When the Prime Minister stands up at the Lord Mayor's Banquet and talks, are we suggesting that he is drunk in charge of the Nation's affairs and impaired in his judgement because he has gone to such a dinner and had the normal things?

The provisions of the Act were introduced by the then Minister of Transport, Mrs Barbara Castle MP as a “tough law for a tough prob­lem”. Certainly, the police reacted with gusto, carrying out 2,791 roadside breath tests in England and Wales between 9 and 13 October, of which 1,029 were positive (Hansard, 23 November 1967).  How­ever, a comparison of successful drink-driving related prosecutions before and after the Act tended to show only a slight increase in the number of successful prosecutions after the implementation date.

Implementation of the Act also opened up new pastures for those concerned with defending drivers alleged to be over the limit. The Justice of the Peace newspaper reported in its 23 December 1967 edi­tion that:

Innumerable tips, none effective, on how a drinking motorist could avoid the consequences of his folly, having circulated in the temporar­ily diminished bars of the country reached the pages of the newspa­pers (a motorist who followed one of those tips had a conviction for failing to supply a specimen of breath added to his conviction of exceeding the statutory limit) while the President of the National Federation of Licensed Victuallers tested, to his apparent satisfaction, “anti-breathalyser tablets”.

In addition, tests on the effect of certain popular brands of after­shave were extensively carried out to ensure that drivers were not prejudiced by a form of intoxication by osmosis!

Subsequent changes in drink-driving law and procedure were brought about by the Transport Act 1981, which came into force on 6 May 1983.  The Act replaced what were, by then, the provisions of the Road Traffic Act 1972 with new provisions of driving, attempt­ing to drive or being in charge of a motor vehicle with excess alco­hol levels, together with offences of failing to provide a specimen of breath for a roadside test or for laboratory analysis.

Most Importantly, the Act replaced, to a large extent, the messy and time-consuming requirements to provide specimens of blood or urine, with a new procedure which analysed the proportion of alco­hol in the offender's breath (subject to the option to supply blood or urine in limited cases).  Again, the new procedures created a cata­logue of case law as defendants tested first the wording of the statute, then the reliability of the new devices and finally the proce­dures themselves.

A final consolidation of the various statutory provisions and penalties was brought about by the Road Traffic Act 1988 and the Road Traffic Offenders Act 1988. Subject to certain amendments by the Road Traffic Act 1991, the law in this book refers to those enactments unless otherwise stated.

In recent years there has been a continuing debate into whether or not the prescribed limits should be reduced both to enhance road safety and to bring the limit into line with that of other European countries. The Government indicated in 1998 that it was minded to adopt the 50 mg limit used in 10 other EU member states. However, in March 2002 this proposal was abandoned in favour of other measures designed to reduce the incidence of drink-driving, such as better education and stronger enforcement of the existing law.

The purpose of this book is to examine the effect of Divisional Court (and other) judgments relative to the main provisions of the Road Traffic Acts of 1988. The book looks at the extent to which these judgments have impinged upon that area of the law since the last major changes in the Transport Act 1981 were introduced on 6 May 1983, and tries to provide a logical route for practitioners through the maze of legislation, practice and case law that has developed around the subject of drink-driving. The book concen­trates mainly on case law since 1983, although previous case law is referred to either where new developments have superseded that case law or where it is necessary to refer to the old in order to understand the new.

The law is stated as at 1 October 2002.

Jonathan S W Black Havant

About the author:


Jonathan Black has worked in the Magistrates' Courts Service since qualifying as a solicitor in 1980. He is currently Area Clerk to the Justices and Director of Legal Services for Hampshire and the Isle of Wight.  He has extensive experience of lecturing and has previously written two books, Drinking & Driving: A Decade of Development (1994) and Introduction to Youth Justice (1999).  He is also a member of the Criminal Justice Consultative Council.


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