INTERNET LAW BOOK REVIEWS, Provided by Rob Jerrard LLB LLM

OXFORD UNIVERSITY PRESS


Perspectives on Punishment: The Contours of Control

Edition: 1st

Authors: Edited by Sarah Armstrong & Lesley McAra

ISBN-10: 0-19-927877-6
ISBN-13: 978-0-19-927877-0

Publishers: Oxford University Press

Price £19.99

Publication Date: 24th August 2006

Publisher's Title Description


It takes a multidisciplinary approach to the subject of penal policy and criminology

It includes a mixture of both empirical research and theoretical perspectives

Comparative analysis

International coverage

Contributors:

Sarah Armstrong
Lesley McAra
Richard Sparks
Lindsay Farmer
Evi Girling
Loic Wacquant
Laura Piacentini
Thomas Mathiesen
David Downes
Kirstine Hansen
Neil Hutton
Richard Jones
Andrew Scull
Malcolm Feeley

Contents

Notes on Contributors Foreword Acknowledgements 1. Audience, borders, architecture: the contours of control , Sarah Armstrong and Lesley McAra 2. Ordinary anxieties and states of emergency: statecraft and spectatorship in the new politics of insecurity , Richard Sparks 3. Tony Martin and the nightbreakers: criminal law, victims and the power to punish , Lindsay Farmer 4. European identity, penal sensibilities and communities of sentiment , Evi Girling 5. Penalization, depoliticization, racialization: on the over-incarceration of immigrants in the European Union , Loïc Wacquant 6. Prisons during transition: promoting a common penal identity through international norms , Laura Piacentini 7. The globalization of control - towards a control system without a state? , Thomas Mathiesen 8. Welfare and punishment in comparative perspective , David Downes and Kirstine Hansen 9. Sentencing as a Social Practice , Neil Hutton 10. 'Architecture', criminal justice, and control , Richard Jones 11. Power, social control, and psychiatry: some critical reflections , Andrew Scull 12. Origins of actuarial justice , Malcolm Feeley


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Killing in Self-Defence

Edition: 1st

Author: Fiona Leverick

ISBN-10: 0-19-928346-X
ISBN-13: 978-0-19-928346-0

Publishers: Oxford University Press

Price £50

Publication Date: 7 December 2006

Description


The first comprehensive analysis of the law of self-defence across the major common law jurisdictions

Offers a new theoretical framework for understanding self-defence that brings together legal theory, analysis of case-law and international human rights norms

Contains extensive discussion of the diverse practice in the United States, and the US theoretical debate

This book is a comprehensive analysis of the criminal defence of self-defence from a philosophical, legal and human rights perspective. The primary focus is on self-defence as a defence to homicide, as this is the most difficult type of self-defensive force to justify. Although not always recognised as such, self-defence is a contentious defence, permitting as it does the victim of an attack to preserve her life at the expense of another. If one holds that all human life is of equal value, explaining why this is permissible poses something of a challenge. It is particularly difficult to explain where the aggressor is, for reasons of non-age or insanity for example, not responsible for her actions.

The first part of the book is devoted to identifying the proper theoretical basis of a claim of self-defence. It examines the classification of defences, and the concepts of justification and excuse in particular, and locates self-defence within this classification. It considers the relationship between self-defence and the closely related defences of duress and necessity. It then proceeds critically to analyse various philosophical explanations of why self-defensive killing is justified, before concluding that the most convincing account is one that draws on the right to life with an accompanying theory of forfeiture.

The book then proceeds to draw upon this analysis to examine various aspects of the law of self-defence. There is detailed analysis of the way in which, on a human rights approach, it is appropriate to treat the issues of retreat, imminence of harm, self-generated self-defence, mistake and proportionality, with a particular focus on whether lethal force is ever permissible in protecting property or in preventing rape. The analysis draws on material from all of the major common law jurisdictions.

The book concludes with an examination of the implications that the European Convention on Human Rights might have for the law of self-defence, especially in the areas of mistaken belief and the degree of force permissible to protect property.

1. Introduction

2. The Classification of Defences

3. The Justification of Self-Defence

4. Retreat

5. Imminence of Harm

6. Self-Generated Self-Defence

7. Killing to Protect Property

8. Killing to Prevent Rape

9. Mistake

10. The Impact of the European Convention on Human Rights


Review

This is an excellent addition to OUP’s Oxford Monographs on Criminal Law and Justice series.  This jurisprudential ‘canon’ is edited by Professor Ashworth, and includes titles by Jeremy Horder, Michael Hirst, Victor Tadros, and Celia Wells.

This text is essentially an expanded version of Dr Leverick’s PhD thesis, but it should not be dismissed lightly.  Self-defence is a contentious defence, not least when entered in a homicide case, and as the title indicates, this book is concerned with the defence when used in these cases.  The tone of the text is that we have the right to plead self-defence in homicide, since my attacker does not have any greater right to life that I.  He certainly does not have the right to diminish my right by attempting to kill me.

As expected, this is a rigorously academic text, which leaves almost no stone unturned.  Dr Leverick’s  vast specialised knowledge of the subject allows her to present a comparative study of other jurisdictions, such as Canada, Germany, and America.  The author acknowledges early on that she is not a philosopher and does not have training in that area.  That said, she does devote a chapter to the ‘imminence of harm’, and acquits herself admirably.  Of course, in a book such as this, some theories are blind alleys, and others are cul-de-sacs.  The real strength of this book is that the author sifts the wheat from the chaff, but leaves the chaff in, plainly marking it as such, in order that the reader can have a fuller understanding of the relevant issues.  Dr Leverick avoids the pitfall of simply dismissing an argument as irrelevant.

This book does not simply discuss what the law is, but what it should be, and why.  This is the ‘added value’, and is what places it above ‘text and materials’ on the subject.

Dr Leverick devotes a chapter to a justification of why a defence of self-defence should be open to a woman who is being, or is about to be raped.  This reviewer hesitates at this point, as it is undoubtedly a sensitive and emotive subject, and is not a point on which he can agree with the author.  That we all have a right to life is not brought into question, but why rape should be a special category of offence where self-defence is admitted remains unclear.

Nonetheless, this is an excellent book, offering a comparison between jurisdictions for what is, on the whole, a common law defence.  Although Human Rights has a chapter at the end of the book, it is plain that ECHR principles, such as proportionality and necessity pervade the text, and inform the debate from beginning to end.

Jon Mack



Binge Britain Alcohol and the national response

Authors: Martin Plant and Moira Plant

ISBN: ISBN 13: 978-0-19-929941-6

ISBN 10: 0-19-929941-2

Publishers: Oxford University Press

Price £19.95

Publication Date: May 2006

Publisher’s Title Description


The British have long been noted for their heavy drinking and resulting unsociable behaviour. They are now drinking more and more, and from an earlier age. With licensing laws having just been relaxed, the opportunities for inebriation are even greater. In this highly topical book, the first ever on binge drinking, two leading authorities on alcoholism take a look at the UK and its alcohol addiction.

Alcohol has played a major part in British life for centuries. It has led to the rise and fall of governments, financed wars, provocted civil disorder and even acts of terrorism. In many countries, alcohol consumption has been decreasing in recent years but in Britain we are drinking more and more, and from an earlier age. With the relaxation of licensing hours there is real concern that the current epidemic of binge drinking will get even worse. So why has this problem not
arisen in most of the continent? Why are British adolescents drinking more now than ever? What will be the effect of the relaxation of licensing hours? Why have so many city centres become no-go zones - filled with social unrest and violence? Is it just that we can't hold our drink - or that we don't know when to stop?

The authors of this book are two of the leading authorities on alcohol and its problems. In this highly topical book, the first ever on binge drinking, they take a look at the UK and its alcohol problem. They review the role of alcohol in Britain in the past 1500 years. Binge Britain looks at why our drinking culture is maintained and why politicians seem reluctant to act effectively to reduce the problem. The authors examine the power of the alcohol industry, and the huge amount of money it
contributes in taxes. The book provides an informed overview of recent developments in alcohol consumption and alcohol-related problems, together with a commentary on and critique of the development of recent policy and the national response to this policy.


REVIEW

The authors start by trying to define what ‘Binge Drinking’ is, not easy since views vary.

As the authors point out, ‘Binge drinking' has hardly been out of the news for months. Newspaper, radio, and television reports have given graphic details of effects of this phenomenon. What is binge drinking? Is it new? Is it unique?  What can we do about it?

What is a binge?  The authors try to tackle this, they say, “The term ‘binge drinking' (sometimes called ‘bout drinking') has been us denote ‘excessive,' immoderate, or heavy drinking.  In fact this term has used in two distinct ways. The first has been used by psychiatrists and health professionals to describe a ‘bender,' a prolonged drinking spree d which an individual drinks in a sustained manner and gives up other act for at least two or three days. Kessel and Walton (1965, p.90) describe phenomenon in these words:

‘There are people who for three or six months, and sometimes longer, drink only socially, if at all.  They then suddenly drink excessively for days on end, drinking all the time, neglecting all their responsibilities at work or to their families:

The second and increasingly popular meaning of the term ‘binge' relates to a single drinking session intended to or actually leading to intoxication. This session need not be prolonged but is assumed to be at least potentially risky.  The latter use of the expression ‘binge drinking' has been very common in the recent popular discussion about heavy and problematic alcoholic consump­tion in the UK, the USA and elsewhere”.

 Socially, we all belong to clubs of one sort or another - Football, Cricket, Bowls, are just three examples where after a game the question "What would you like to drink?" implies alcohol, even though soft drinks are normally available.

Your Reviewer, having served in the Royal Navy and as a London Police Officer, has seen the destructive effects of drink. 

In order to understand, it is necessary to know the full history before arriving at the very sorry state now existing under the 2003 Act, which seems to have been enacted against the wishes of the majority of the public, by a very arrogant Government and Ministers who think that they know best.

This book is an insight into the problem and it is a very big problem.  It covers the history very well, including habits, trends, patterns, the good, the bad and the ugly.  It also considers the consequences and policies of Government and legislation from the past.  It concludes with future directions. 

You will note that the word ‘good’ comes into it, because it isn’t all bad.  Responsible drinking, by sensible people, can be very pleasant when gathered together in groups.  But with a large portion of the British public, they do not seem capable of doing this. 

I served in the Royal Navy during the years when the daily rum ration was still in existence.  It was stopped - the Admiralty must have had its reasons.  However, on a bad day at sea, there was nothing better for getting a good sleep in the afternoon after the 'Middle Watch' (Midnight until 04.00) and I do not regard it as having harmed me.

This book is very informative and should be read by all members of both Houses of Parliament, who perhaps, just perhaps, might listen to the people, who in the case of MPs vote them in.  As for the Lords - at their age they should know better.

Rob Jerrard



Who Controls the Internet? Illusions of a Borderless World

Author: Jack Goldsmith, Henry L Shattuck  and Tim Wu

ISBN-10: 0-19-515266-2
ISBN-13: 978-0-19-515266-1
Publishers: Oxford University Press

Price £16.99

Publication Date: 29 June 2006

Publisher's title Description


Will cyberanarchy rule the net? And if we do find a way to regulate our cyberlife will national borders dissolve, as the Internet becomes the first global state? In this provocative new work, Jack L. Goldsmith and Tim Wu dismiss the fashionable talk of both a 'borderless' net and of a single governing 'code'. Territorial governments can and will, they contend, exercise significant control over all aspects of Internet communications. Examining policy puzzles from e-commerce to privacy, speech and pornography, intellectual property, and cybercrime, Who Controls the Internet demonstrates that individual governments rather than private or global bodies will play that dominant role in regulation. Accessible and controversial, this work is bound to stir comment.

Is the Internet erasing national borders?  Will the future of the Net be set by Internet engineers, rogue programmers, the United Nations, or powerful countries?  Who's really in control of what's happening on the Net?

In this provocative new book, lack Goldsmith and Tim Wu tell the fascinating story of the Internet's challenge to governmental rule in the 199os, and the ensuing battles with governments around the world.  It's a book about the fate o f one idea-that the Internet might liberate us forever from government, borders, and even our physical selves.   We learn of Google's  struggles with the French government and Yahoo's capitulation to the Chinese regime; of how the European Union sets privacy standards on the Net for the entire world; and of eBay's struggles with fraud and how it slowly learned to trust the FBI.  In a decade of events the original vision is uprooted, as governments time and time again assert their power to direct the future of the Internet. The destiny of the Internet over the next decades, argue Goldsmith and Wu, will reflect the interests of powerful nations and the conflicts within and between them.

While acknowledging the many attractions of the earliest visions of the Internet, the authors describe the new order, and speak to both its surprising virtues and unavoidable vices.  Far from destroying the Internet, the experience of the last decade has led to a quiet rediscovery of some of the oldest functions and justifications for territorial government.  While territorial governments have unavoidable problems, it has proven hard to replace what legitimacy governments have, and harder yet to replace the system of rule of law that controls the unchecked evils of anarchy.  While the Net will change some of the ways that territorial states govern, it will not diminish the oldest and most fundamental roles of government and challenges of governance.

Well-written and filled with fascinating examples, including colourful portraits of many key players in Internet history, this is a work that is bound to stir heated debate in the cyberspace community.

Advance Acclaim For Who Controls The Internet?

"It is time that America learn an important lesson about the Internet-that however cyber the space is, it is also real, and subject to real space governments.  This is the very best work to make this fundamental point. Goldsmith and Wu have made understandable and accessible an argument political culture should have realized a decade ago."

-LAWRENCE LESSIG, author of Code and Free Culture

“Jack Goldsmith and Tim Wu are among the most creative and provocative legal scholars of their generation.  In this surprising, unsentimental, and ultimately optimistic book, they reject romantic abstractions about the globalising and transformative power o f the Internet. National laws, traditions, and customs are just as important in controlling cyberspace as they are in real space, they argue. And that's a good thing because decentralized control can encourage freedom, diversity, and self-determination. Combining realism with idealism, Who Controls the Internet? offers an adult manifesto for the future of freedom in an interconnected world."

JEFFREY ROSEN, author of The Naked Crowd and The Most Democratic Branch

"Jack Goldsmith and Tim Wu have written an informative, engaging, and provocative book that will undoubtedly challenge most people's preconceptions of the Internet. This is the most important book about the politics of the Internet since Lawrence Lessig's Code."

DANIEL W. DREZNER, University of Chicago.

"In the 1990s the Internet was greeted as the New New Thing: It would erase national borders, give rise to communal societies that invented their own rules, undermine the power of governments. In this splendidly argued book, Jack Goldsmith and Tim Wu explain why these early assumptions were mostly wrong: The Internet turns out to illustrate the enduring importance of old old Things, such as law and national power and business logic. By turns provocative and colourful, this is an essential read for anyone who cares about the relationship between technology and globalisation."

SEBASTIAN MALLABY, Editorial Writer and Columnist, The Washington Post



Blackstone’s Guide to the Serious Organised Crime & Police Act 2005.

Edition: 1st

Authors: Owen, T, Bailin, A, Knowles, J, Macdonald, A, Ryder, M, Sayers, D and Tomlinson, H.

ISBN: 0-19-928906-9.

Publishers: Oxford University Press.

Price £29.95

Publication Date: 6th Oct 2005


Publisher’s Title Information

  • Contains a full copy of the Act
  • Explains the powers and functions of the Serious Organised Crime Agency, which brings together the National Crime Squad, the National Criminal Intelligence Service, and parts of the customs and immigration authorities
  • Provides detailed coverage of important legal changes brought about by the Act notably; the introduction of new provisions to deal with informant evidence; and the introduction of new public order offences relating to harassment and protest
  • Written in a clear and accessible style, logically following the structure of the Act itself
  • Written by a team of expert practitioners in this field

The Blackstone's Guide Series delivers concise and accessible books covering the latest legislative changes and amendments. Published within weeks of the Act, they offer expert commentary by leading names on the effects, extent and scope of the legislation, plus a full copy of the Act itself. They offer a cost-effective solution to key information needs and are the perfect companion for any practitioner needing to get up to speed with the latest changes.

The Serious Organised Crime and Police Act 2005 brings about a radical shake-up of the organisations and powers to fight major crime - most notably by creating the Serious Organised Crime Agency (SOCA). SOCA brings together the National Crime Squad, the National Criminal Intelligence Service, and parts of the customs and immigration authorities; it will have approximately 5,000 civilian staff with powers to arrest and carry out their own investigations. The Act also overhauls the powers of the police officers contained in the Police and Criminal Evidence Act 1984 - in particular by introducing new 'supergrass' provisions dealing with the use of informant evidence. The Act introduces new public order offences in relation to harassment and protest.

Written by a team of expert practitioners in the area, this Guide comprehensively explains the scope and impact of the Act and highlights the radical changes to the law it makes including the civil liberties and human rights implications. It is structured in a clear and logical way, following the structure of the Act itself, and also contains a full copy of the Act.

Contents

  • 1 Introduction
  • 2 Serious Organised Crime Agency - Establishment and Powers
  • 3 Organised Crime: New Investigatory Powers
  • 4 Offenders Assisting Investigations and Prosecution and the Protection of Witnesses
  • 5 Financial Reporting Orders, International Obligations, and Proceeds of Crime
  • 6 Police Powers
  • 7 Public Order and Conduct in Public Places - New Offences and Orders
  • 8 Miscellaneous
  • Appendix - Serious Organised Crime and Police Act 2005

REVIEW

The Serious Organised Crime and Police Act 2005 (‘SOCPA’) is the latest statute in a long line of legislation that addresses itself to police reform and other changes to our systems of law-enforcement. Whilst changes to our institutions responsible for law and order are necessary from time to time, the rate at which many of these have occurred in recent years is proving to cause more strain than gain. All those bodies affected by recent criminal justice legislation, including the legal profession, have been engaged in a constant struggle to keep up with these reforms, and despite increasing criticism from many quarters, Parliament continues to churn out legislation at an almost manic rate. Fortunately, lifelines in the form of guides to complex and, all too often, voluminous statutes, make timely appearances. An examples of one such publication is Blackstone’s Guide to the Serious Organised Crime and Police Act 2005.    

This book commences with an introductory chapter that describes the background of SOCPA  as well as providing an overview of the main aspects of this statute. Chapter 2 is headed ‘Serious Organised Crime Agency: Establishment and Powers’, which in turn provides an introduction and overview to this new institution (‘SOCA’) and then goes on to describe its functions and powers, as well as its structure and supervision. This is followed by a commentary on the use and disclosure of information handled by SOCA, and coverage of SOCA’s relationship with the police. This chapter is then concluded by a discussion on prosecutions arising out of SOCA investigations. At this stage the overall style and presentation of the entire book will become apparent to the reader. Both this chapter and the remainder of this book, adopt a very clear and precise approach to this subject. In addition, this publication as a whole contains many detailed references that enable SOCPA to be more widely understood. Chapter 3 covers the investigatory powers created by SOCPA as well as the relevant procedural issues, and Chapter 4 consists of three parts, namely an overview of Chapters 2 and 4 of Part 2 of SOCPA namely ‘Offenders Assisting Investigations and Prosecutions’, and  ‘Protection of Witnesses and Other Persons.’ This includes a particularly interesting commentary on the placing of ‘turning Queen’s Evidence’ and the protection of witnesses, on a statutory footing, as well as the provision of greater inducements for offenders to give evidence. Chapter 5 begins with a commentary on the Financial Reporting Order which is a new sentencing disposal created by SOCPA. This is followed by coverage of international obligations with reference to the enforcement of overseas forfeiture orders and mutual assistance in freezing property or evidence. The final part of Chapter 5 is concerned with the proceeds of crime that also includes money laundering and related matters.

The controversial changes made by Chapter 3 of SOCPA to police powers, are discussed in Chapter 6 of this book. Although different parts of SOCPA have attracted widespread comment, it is probably this aspect of the Act, (and possibly the provisions covered under Chapter 7), that have drawn the widest attention. Following an overview of Part 3 of SOCPA, a very clear and well-focused commentary is then provided regarding the restructuring of police arrest powers without warrant. The clarity of this part of Chapter 6 was largely achieved by an excellent comparative analysis with the previous police arrest powers. Apart from clearly explaining the new law in this respect, a very useful discussion was also produced that brought into focus several practical points arising from these and other changes. The somewhat under-publicised changes to the citizens’ arrest power brought by SOCPA, is also explained with the same degree of clarity, as are the remaining parts of this chapter namely; the police power to give effect to ‘exclusion zones’, changes to the law and procedure governing search warrants, a new power to stop and search for prohibited fireworks, as well as significant changes regarding the taking of photographs, fingerprints, footwear impressions and intimate samples from suspects. The extension of the civilianisation of custody duties by creating ‘staff custody officers,’ is also discussed in Chapter 6, which is concluded by a brief coverage of new powers given to community support officers and accredited persons. Chapter 7 is headed ‘Public Order and Conduct in Public Places’ and is divided into five sections namely: an overview, harassment, trespass on designated sites, demonstrations in the vicinity of Parliament and anti-social behaviour. The final chapter covers a number of miscellaneous provisions under SOCPA that are listed within its overview as follows: ‘new criminal offences to protect the activities of specified organisations; new vehicle registration, insurance, and road traffic provisions; local policing information; miscellaneous police matters, including new provisions for accelerated procedures in police disciplinary matters; the abolition of the Royal Parks Constabulary; new procedures on criminal record checks; new procedures for the issue of witness summonses in the magistrates’ and Crown Courts; and the extension of the Private Security Industry Act 2001 to Scotland.’ The full text of SOCPA is then reproduced after Chapter 8 which adds to the very self-contained nature of this book.

This guide is highly recommended to all practitioners who need to know some or all of the provisions of SOCPA, as well as its wider implications. The clarity and precision of this book is exemplary and the team who compiled it are to be congratulated on producing a guide that addresses the key issues in just the right depth. It is also strongly recommended to the academic market as it provides a significant amount of food for thought and plenty of scope for argument and debate.

Leonard Jason-Lloyd


Surveillance and Intelligence Law Handbook

Edition: 1st

Author: Victoria Williams

ISBN: 019928685x

Publishers: Oxford University Press

Price £49.95

Publication Date: 23rd March 2006

Publisher’s Title Description

  • Provides day to day guidance on the application of the law for practitioners, police officers, and other investigators alike
  • Includes the RIPA 2000 Codes of Practice and all other relevant legislation allowing easy access to key source material
  • Provides useful guidance notes, case law, codes, rules, regulations with commentary, footnotes, and cross-referencing to key sections, as a guide to the law relating to surveillance and the covert gathering of intelligence

This handbook, containing annotated materials and case summaries brought together in one volume, is an essential guide for practitioners, police officers, and other investigators alike. Focusing on the Regulation of Investigatory Powers Act 2000 (RIPA) and the Investigatory Powers Tribunal established by the Act, it is a practical tool for use both pre-trial and during trial. The book includes all relevant materials and guidance, case law, codes, rules, and regulations with commentary, footnotes, and cross-referencing to key sections, providing quick and easy access to the law relating to surveillance and the covert gathering of intelligence.

Contents

  • Part I - Entering and Interfering with Property and Telegraphy
  • 1 Entering Property and Interfering The Police Act 1997 Part III
  • 2 The Intelligence Services Act 1994 and Security Service Act 1989
  • Part II - The Regulation of Investigatory Powers Act 2000
  • 3 Interception of Communications: RIPA Part I Chapter I ss. 1-20
  • 4 Acquisition and Disclosure of Communications data: RIPA Part I Chapter II ss. 21-25
  • 5 Surveillance and Covert Human Intelligence Sources: RIPA Part II ss. 26-48
  • 6 Data Protected by Encryption: RIPA Part III ss. 49-56
  • 7 The Commissioners: RIPA Part IV ss.57-64
  • 8 The Investigatory Powers Tribunal: RIPA Part IV ss. 65-70
  • 9 Sections Governing the Codes of Practice: RIPA Part IV ss. 71-72
  • 10 RIPA Part V and Schedules
  • Part III - The Rules and Form of the Investigatory Powers
  • 11 The Rules of Investigatory Powers Tribunal
  • 12 Tribunal Forms
  • Part IV - RIPA Forms and Notices
  • 13 Public Authority Communications Data Forms
  • 14 Forms for use by Public Authorities under RIPA Part II
  • Part V - Codes of Practice
  • 15 The Surveillance Code of Practice 2002 (under SI 2002/1933)
  • 16 The Covert Human Intelligence Sources Code of Practice 2002 (under SI 2002/1932)
  • 17 Voluntary Retention of Communications Data Code of Practice under Part II: Anti-terrorism, Crime and Security Act 2001 (under SI 2003 No. 3175)
  • 18 Interception of Communications Code of Practice 2002 (under SI 2002 No. 1693)
  • 19 Acquisition and Disclosure of Communications Revised Code of Practice (Home office pre-consultative document, 2005)
  • Part VI - Case Law Summaries
  • 20 RIPA Part I Case Law
  • 21 RIPA Part II Case Law
  • 22 RIPA Part IV Case Law
  • Part VII - Other Statutes
  • 23 The Human Rights Act 1998 (s.6 and ECHR Art. 6 and 8)
  • 24 Anti-terrorism, Crime and Security Act 2001 (Part 11)
  • Part VIII - Statutory Instruments
  • 25 Statutory Instruments (1998)
  • 26 Statutory Instruments (2000)
  • 27 Statutory Instruments (2001)
  • 28 Statutory Instruments (2002)
  • 29 Statutory Instruments (2003)
  • 30 Statutory Instruments (2004)
  • 31 Statutory Instruments (2005)
  • Part IX - International Materials
  • 32 The Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union established by Council Act of 29th May 2000 (2000/C197/01)
  • Appendix 1 - Useful Sources of Information


Juvenile Delinquency

ISBN: 019516007X

Publishers: Oxford University Press

Price £29.99 RRP UK

Publication Date: 7th April 2005

Description

  • Summarizes the evidence available on juvenile delinquency prevention, assessment, and intervention
  • Surveys critical issues in understanding and treating delinquency and anti-social behaviour
  • Distinguishes what works from what doesn't regarding policy, practice and research
  • Contains a model curriculum for training legal and mental health professionals in forensic assessment

Juvenile offending and anti-social behaviour are enormous societal concerns. This broad-reaching volume summarizes the current evidence on prevention, diversion, causes, and rates of delinquency, as well as assessment of risk and intervention needs. A distinguished cast of contributors from law, psychology, and psychiatry describe what we know about interventions in school, community, and residential contexts, focusing particularly on interventions that are risk reducing and cost effective. Equally important, each chapter comments on what is not well supported through research, distinguishing aspects of current practice that are likely to be effective from those that are not and mapping new directions for research, policy, and practice. Finally, the volume provides a description of a model curriculum for training legal and mental health professionals on conducting relevant assessments of adolescents for the courts.

Effectively bridging research and practice, this will be an important resource for legal and mental health professionals involved in the juvenile justice system, policy makers seeking humane but effective interventions in the context of society's need for safety, and those involved in teaching about and training in juvenile delinquency.

Contents

  • 1 Juvenile delinquency: past and present
  • 2 Risk factors, protective factors and the prevention of antisocial behaviour among juveniles
  • 3 School violence: fears versus facts
  • 4 Juvenile offending
  • 5 Mental health disorders: the neglected risk factor in juvenile delinquency
  • 6 Risk factors and intervention outcomes: meta-analyses of juvenile offending
  • 7 Mental health and rehabilitative services in juvenile justice: system reforms and innovative approaches
  • 8 Juvenile diversion
  • 9 Juveniles' competence to confess and competence to participate in the juvenile justice process
  • 10 Risk assessment in juvenile justice policy and practice
  • 11 Adjudicatory and dispositional decision making in juvenile justice
  • 12 Community-based treatments
  • 13 Mental health treatment for juvenile offenders in residential psychiatric and juvenile justice settings
  • 14 Training mental health and juvenile justice professionals in juvenile forensic assessment
  • 15 Emerging directions: implications for research, policy and practice

Authors, editors, and contributors

Edited by Kirk Heilbrun, Professor and Head, Department of Psychology, Drexel University, USA, Naomi E. Sevin Goldstein, Assistant Professor, Department of Psychology, and Co-Director, J.D./Ph.D. Program in Law and Psychology, Villanova Law School and Drexel University, USA, and Richard E. Redding, Professor of Law, Villanova University, Research Professor of Psychology, and Co-Director, J.D./Ph.D. Program in Law and Psychology, Villanova Law School and Drexel University, USA



Reviewer Wanted

Would you be interested in reviewing this book? (The Book Above) If you are interested in providing a review in about 600/800 words within 3 months then please contact me by e-mail at robjerrard@aol.com providing a small CV and your interest in this particular book.

For an indication of what is required please see this site, which contains hundreds of examples. "Internet Law book Reviews" welcomes all categories of reviewers.



Appraising Strict Liability

Authors, editors, and contributors

Edited by Andrew Simester, Professor of Legal Philosophy at the University of Nottingham

ISBN: 0199278512

Publishers: Oxford University Press

Price £50 RRP UK

Publication Date: 7th April 2005

Description

  • The first full-length consideration of the controversial problem of strict liability in the criminal law
  • European coverage examines implications of the ECHR on strict liability

Strict liability is a controversial phenomenon in the criminal law because of its potential to convict blameless persons. Offences are said to impose strict liability when, in relation to one or more elements of the actus reus, there is no need for the prosecution to prove a corresponding mens rea or fault element. For example, in the 1986 case of Storkwain, the defendant chemists were convicted of selling controlled medicines without prescription simply upon proof that they had in fact done so. It was irrelevant that they neither knew nor had reason to suspect that the 'prescriptions' they fulfilled were forgeries. Thus strict liability offences have the potential to generate criminal convictions of persons who are morally innocent.

Appraising Strict Liability is a collection of original contributions offering the first full-length consideration of the problem of strict liability in the criminal law. The chapters, including European and Anglo-American perspectives, provide a sustained and wide-ranging examination of the fundamental issues. They explore the definition of strict liability; the relationship between strict liability and blame, and its implications for the requirement for culpability in criminal law; the relevance of European and human rights jurisprudence; and the interaction between substantive rules of strict liability and evidential presumptions.

The breadth and depth of the contributions combine to present readers with a sophisticated analysis of the place and legitimacy of strict liability in the criminal law.

Contents

  • 1 Stuart P. Green: Six Senses of Strict Liability: A Plea for Formalism
  • 2 A.P. Simester: Is Strict Liability Always Wrong?
  • 3 John Gardner: Wrongs and Faults
  • 4 Douglas N. Husak: Strict Liability, Justice and Proportionality
  • 5 Jeremy Horder: Whose Values should Determine when Liability is Strict?
  • 6 R.A. Duff: Strict Liability, Legal Presumptions and the Presumption of Innocence
  • 7 Paul Roberts: Strict Liability and the Presumption of Innocence
  • 8 G.R. Sullivan: Strict Liability for Criminal Offences in England and Wales Following Incorporation into English Law of the European Convention on Human Rights
  • 9 Alan C. Michaels: Imposing Constitutional Limits on Strict Liability: Lessons from the American Experience
  • 10 John R. Spencer and Antje Pedain: Approaches to Strict and Constructive Liability in Continental Criminal Law


The Origins of Adversary Criminal Trial

Authors, editors, and contributors

John H. Langbein, Sterling Professor of Law and Legal History, Yale Law School

ISBN: 0199287236

Publishers: Oxford University Press

Price £15.99 RRP UK

Publication Date:30 June 2005

Description

  • A great contribution to literature on the history of crime, the history of the legal profession, and the history of eighteenth century London
  • Highly topical explanation of the origins of the adversary criminal procedure, at a time when the merits of this procedure are being seriously questioned
  • A detailed and innovative exploration of one of the most distinctive features of the Anglo-American legal system

The adversary system of trial, the defining feature of the Anglo-American legal procedure, developed late in English legal history. For centuries defendants were forbidden to have legal counsel, and lawyers seldom appeared for the prosecution either. Trial was meant to be an occasion for the defendant to answer the charges in person.

The transformation from lawyer-free to lawyer-dominated criminal trial happened within the space of about a century, from the 1690's to the 1780's. This book explains how the lawyers captured the trial. In addition to conventional legal sources, Professor Langbein draws upon a rich vein of contemporary pamphlet accounts about trials in London's Old Bailey. The book also mines these novel sources to provide the first detailed account of the formation of the law of criminal evidence.

Responding to menacing prosecutorial initiatives (including reward-seeking thieftakers and crown witnesses induced to testify in order to save their own necks) the judges of the 1730's decided to allow the defendant to have counsel to cross-examine accusing witnesses. By restricting counsel to the work of examining and cross-examining witnesses, the judges intended that the accused would still need to respond in person to the charges against him. Professor Langbein shows how counsel manipulated the dynamics of adversary procedure to defeat the judges design, ultimately silencing the accused and transforming the very purpose of the criminal trial. Trial ceased to be an opportunity for the accused to speak, and instead became an occasion for defence counsel to test the prosecution case.

Contents

  • Introduction
  • 1 The Lawyer-Free Criminal Trial
  • 2 The Treason Trials Act of 1696: The Advent of Defence
  • 3 The Prosecutorial Origins of Defence Counsel
  • 4 The Law of Criminal Evidence
  • 5 From Altercation to Adversary Trial


Criminology

Author:

Authors, editors, and contributors

Chris Hale, Professor of Criminology in the School of Social Policy, Sociology and Social Research, University of Kent, Keith Hayward, Lecturer in Criminology in the School of Social Policy, Sociology and Social Research, University of Kent, Azrini Wahidin, Lecturer in Criminology in the School of Social Policy, Sociology and Social Research, University of Kent, and Emma Wincup, Senior Lecturer in Criminal Justice, University of Leeds

ISBN: 0199270368

Publishers: Oxford University Press

Price £25.99 RRP UK

Publication Date: 5th May 2005

Description

  • Offers a comprehensive and wide ranging overview of key criminological issues, enabling students to gain a full and rounded understanding of the subject
  • Includes questions, summaries, key concepts, further reading, and tables and diagrams throughout, which help students to understand the more challenging issues and engage with the key debates
  • Accompanied by an extensive companion web site, which provides extra support for lecturers using the textbook in their teaching and valuable additional materials for students

Few subjects provoke as much public fascination and political concern as crime and criminality. This is an ideal textbook for undergraduate students coming to the subject for the first time. The book covers a wide range of topics: the historical and contemporary understandings of crime and criminal justice; different forms of crime - from street crime to state crime; who commits crime and who are the victims of crime; and how society and state agencies respond to crime and disorder.

The contrbutions to the book offer clear, accessible introductions to the main topics and issues of criminology, and the book includes questions, summaries, key concepts, further reading, and tables and diagrams throughout.

Online Resource Centre:

Lecturer resources:

· Lecture notes, by chapter · Powerpoint slides to accompany lecture notes, by chapter

Student resources:

· Updates · Chapter synopses · Bonus materials · Annotated Further reading · Glossary · Web links

Test Bank:

· A test bank of approximately 300 multiple choice with answers and feedback, corresponding to each chapter of the book

Contents

  • INTRODUCING CRIME AND CRIMINOLOGY
  • 1 What is crime?
  • 2 History of crime
  • 3 What do crime statistics tell us?
  • 4 Theoretical criminology 1 Criminological theory: a starting point
  • 5 Theoretical criminology 2 Just theory: theory, crime and criminal justice
  • 6 Psychology and crime: understanding the interface
  • 7 Crime and culture
  • 8 Crime and the media: understanding the connections
  • FORMS OF CRIME
  • 9 Crime and everyday life
  • 10 Drugs, alcohol and crime
  • 11 Violent crime
  • 12 Sex crime
  • 13 Corporate crime
  • 14 Organised crime
  • 15 Terrorism and state crime
  • SOCIAL DIMENSIONS OF CRIME
  • 16 Economic marginalisation, poverty, social exclusion and crime
  • 17 Gender and Crime
  • 18 'Race', ethnicity and crime
  • 19 Youth crime and youth justice
  • 21 Older offenders, crime, and the criminal justice system
  • RESPONSES TO CRIME
  • 22 The politics of law and order
  • 23 The criminal justice system
  • 24 Victims
  • 25 Policing
  • 26 Punishment in the community
  • 27 Prisons
  • 28 Surveillance: theoretical models recent developments and contemporary research issues

Contributors: Heather Shore, University of Portsmouth Derek Kirton, University of Kent Mike Presdee, University of Kent Claire Valier, Birbeck College, University of London Trevor Jones, Cardiff University Brian Williams, De Montfort University Terry Thomas, Leeds Metropolitan University Catrin Smith, University of Wales, Bangor Steve Uglow, University of Kent Olga Heaven, Hibiscus Anne Worrall, Keele University Frank Furedi, University of Kent Steve Tombs, Liverpool John Moores University Jeff Ferrell, Texas Christian University, USA Richard Jones, Edinburgh University Wayne Morrison, Queen Mary and Westfield College, University of London Paddy Rawlinson, University of Leicester Larry Ray, University of Kent Tim Hope, Keele University Chris Greer, University of Northumbria at Newcastle Barbara Hudson, University of Central Lancashire Deborah Cheney, University of Kent



The Criminal Process

Edition: 3rd

Author: Andrew Ashworth, Mike Redmayne,

ISBN: 0199273383

Publishers: Oxford University Press

Price £25.99 RRP UK

Publication Date: 14th April 2005

Description

  • An ideal introduction to the criminal process for all students of law, criminal justice and criminology
  • Invaluable analysis of the defects and failures of the pre-trial process, leading students to question the arrangement of the current system
  • Fully expanded to include additional coverage of topics including questioning, admissibility of evidence, pre-trial, procedures, and appeals, making it suitable for use on a variety of undergraduate and postgraduate criminology courses
  • The clarity of explanation and language makes even the more difficult areas of the criminal justice system readily accessible

New to this edition

  • Andrew Ashworth has been joined by Mike Redmayne as a co-author
  • There are six new chapters providing greater analysis of pre-trial processes and procedures
  • The subheadings are improved to help students navigate their way around the text more easily

The Criminal Process provides an accessible and thought-provoking overview of key issues in criminal processes and procedures, drawing on arguments from the law, research policy, and principle. Following introductory chapters outlining the context of recent changes to the criminal justice process, the theoretical framework, and the various professional roles involved, Andrew Ashworth and Mike Redmayne examine nine key issues in the criminal process, integrating and commenting upon the latest developments in law and practice. The chapters offer up-to-date coverage of developing areas such as the use of DNA samples and eyewitness identification evidence, as well as discussion of the Criminal Justice Act 2003.

The book will continue to be the ideal text for all students of criminal justice and criminology, as well as academics and practitioners interested in the criminal justice system.

Reviews

  • 'Review from previous edition This is a scintillating, original, and stimulating book ... Ashworth's book takes a panoramic view. The range of values and principles it discusses is wide ... informative, very well-written, and cogent. Everyone who is interested in criminal procedure should read it.' -Cambridge Law Journal
  • '[Ashworth] is mindful of the broader social and political issues that surround the criminal justice system, as well as the narrower 'policy' concerns, often of an economic kind, that inform current government thinking. His ability to bring this together is truly impressive ... The Criminal Process is an invaluable analysis of the defects and failures of the pre-trial process with regard to the suspect. It brings together a formidable array of legal and socio-legal materials.' -Public Law
  • 'There has until now been no systematic academic treatment of [the criminal process] in this country. It is this gap that Andrew Ashworth's book seeks to fill, and fills it comprehensively and imaginatively ... Ashworth's argument displays a breathtaking command of the intricacies of criminal justice practices.' -Times Higher Education Supplement

Contents

  • 1 Decisions and Structure
  • 2 Towards a Framework for Evaluation
  • 3 Ethics, Conflicts and Conduct
  • 4 Investigative Phase
  • 5 Questioning
  • 6 Gathering Evidence
  • 7 Gatekeeping & Diversion
  • 8 Prosecutorial Review
  • 9 Remands
  • 10 Plea
  • 11 Pre-trial Procedure
  • 12 Trial Procedure
  • 13 Appeals
  • 14 Conclusions


Blackstone’s Guide to The Criminal Procedure Rules 2005

Edition: 2005

Author: Duncan Atkinson, Tim Moloney, Roderick Denyer

ISBN: 0199289042

Publishers: Oxford University Press

Price £29.95 RRP UK

Publication Date: 8th Sept 2005

Description

  • Contains the full text of the Criminal Procedure Rules 2005, the Consolidated Criminal Practice Direction, and the Protocol for the Control and Management of Heavy Fraud and Other Complex Criminal Cases, providing a comprehensive collection of all relevant procedural materials
  • Step-by-step guide to the new Criminal Procedure Rules, extensively cross-referenced to enable busy practitioners to find the info they need quickly
  • Provides checklists of the time limits and key tasks to be performed
  • Written in a clear and logical style, following the structure of the Rules themselves

The Blackstone's Guide Series delivers concise and accessible books covering the latest legislative changes and amendments. Published within weeks of the Act, they offer expert commentary by leading names on the effects, extent and scope of the legislation, plus a full copy of the Act itself. They offer a cost-effective solution to key information needs and are the perfect companion for any practitioner needing to get up to speed with the latest changes.

The new Criminal Procedure Rules 2005 govern all aspects of criminal procedure in all criminal courts. They consolidate all existing procedural rules with new provisions aimed at increasing efficiency and improving case management. The Rules are designed to bring about a cultural change and all those involved in the criminal justice system are affected by the new regime. The author team is comprised of experts in the field with inside knowledge of the Criminal Procedure Rules - Duncan Atkinson and Tim Moloney have both been members of the Criminal Bar Association Working Party on the Criminal Procedure Rules since its inception in 2004, and HHJ Roderick Denyer is a member of the Criminal Procedure Rules Committee.

This Guide provides a full, clear analysis of the new Rules, and places them in the context of recent changes to the law, notably the Criminal Justice Act 2003. Its logical style, following the structure of the Rules, and including checklists of time limits and key tasks to be performed, is an essential purchase for criminal practitioners, magistrates, and judges needing to get up to speed with the new procedural regime.

Contents

  • 1 The Background to the Criminal Procedure Rules: the Overriding Objective and Case Management by His Honour Judge Denyer QC
  • 2 The Over-riding Objective (Part 1) and Understanding of the Rules (Part 2)
  • 3 Case Management (Part 3)
  • 4 Service, Forms and Court Records (Parts 4,5 and 6)
  • 5 Preliminary Proceedings in the Magistrates' Courts (Parts 7 to 9)
  • 6 Preliminary Proceedings in the Crown Court (Parts 10 to 15)
  • 7 Reporting Restrictions and Extradition (Parts 16 and 17)
  • 8 Custody and Bail (Parts 18 to 20)
  • 9 Disclosure (Parts 21 to 26)
  • 10 Witnesses (Parts 27 to 30 and Parts 32 and 33)
  • 11 Restriction on Cross-Examination (Part 31)
  • 12 Hearsay (Part 34)
  • 13 Character (Part 35)
  • 14 Trials - Summary and Young People
  • 15 Trial on Indictment (Part 39 to 41)
  • 16 Sentences (Parts 42 to 55)
  • 17 Confiscation (Parts 56 to 62)
  • 18 Appeals (Parts 63 to 75)
  • 19 Costs (Parts 76 to 78)
  • Appendix A - The Criminal Procedure Rules 2005
  • Appendix B - The Consolidated Practice Direction
  • Appendix C - Control and Management of Heavy Fraud and Other Complex Criminal Cases (A Protocol Issued by the Lord Chief Justice of England and Wales)


Crown Prosecution Service, Charging Standards

Edition: 2005

ISBN: 0-19-928513-6

Publishers: Oxford University Press

Price £15.95

Publication Date: 28th July 2005

Publisher’s Publicity on book

Collates all the new Crown Prosecution Service charging standards in one portable standalone volume

Includes other relevant Crown Prosecution Service policy documents in relation to offences such as race and religious crime, rape and offensive weapons

Fully cross-referenced throughout to: Blackstone's Criminal Practice 2005, Archbold's 2005 and Wilkinson's Road Traffic Offences

Offers a comprehensive index and tables, providing a clear structure for the Standards, making them easier for practitioners to navigate

This new text will collate the CPS Charging Standards for the first time in a standalone volume.

The Crown Prosecution Service (CPS) have recently undertaken a systematic revision of the three documents commonly known as charging standards. These documents provide guidance to prosecutors concerning the appropriate level of charging in relation to assaults, public order, driving offences, and for the first time, as of November 2004, in relation to dishonesty, public justice and drugs.

The OUP collated CPS Charging Standards are fully cross-referenced to Blackstone's Criminal Practice 2005, Archbold's 2005 and Wilkinson's Road Traffic Offences. In addition to the Standards this text contains a clear index, tables, the Code for Prosecutors and relevant CPS Policy documents in relation to offences such as race and religious crime, rape, domestic violence and offensive weapons.

This highly portable book will be an invaluable resource and quick reference for the busy practitioner.

Contents

  • Table of Cases
  • Table of Statutes
  • Table of Statutory Instruments
  • PART 1: The Decision to Prosecute and Charging
  • Chapter 1: The Code for Crown Prosecutors
  • Chapter 2: The Director's Guidance on Charging
  • PART 2: Crown Prosecution Service Charging Standards
  • Chapter 3: Offences Against the Person, incorporating the Charging Standard
  • Chapter 4: Theft Acts, incorporating the Charging Standard
  • Chapter 5: Public Order Offences, incorporating the Charging Standard
  • Chapter 6: Public Justice Offences, incorporating the Charging Standard
  • Chapter 7: Drug Offences, incorporating the Charging Standard
  • Chapter 8: Driving offences, incorporating the Charging Standard
  • PART 3: Crown Prosecution Service Guidance and Policy Documents
  • Chapter 9: Guidance on Prosecuting Cases of Domestic Violence
  • Chapter 10: Policy for Prosecuting Cases of Rape
  • Chapter 11: Guidance on Prosecuting Cases of Racist and Religious Crime
  • Index

This new text collates the CPS charging standards and policy documents for the first time in a standalone form. The charging standards cover theft, driving offences, drug offences, public order offences, public justice offences, and offences against the person. Guidance and policy documents comprise rape, domestic violence, and race and religious crimes. In addition, this text contains the Code for Crown Prosecutors.

The Charging Standards are fully cross-referenced to Blackstone's Criminal Practice 2005, Archbold 2005, and Wilkinson's Road Traffic Offences. The book also provides a comprehensive index, table of cases and table of statutes, ensuring the standards are easy to navigate.

This highly portable book is an invaluable resource and quick reference for the busy practitioner.

Preface

This text collates the Crown Prosecution Service (CPS) Charging Standards, the Code for Crown Prosecutors, and the guidance documents on domestic violence, racist and religious aggravated crime, and the policy document on rape for the first time in a stand-alone volume.

Please note that the CI'S does have specific policy guidance on prosecuting homophobic crime. However it is currently being reviewed and was not available at the time of going to press.

All CPS Charging Standards, the Code for Crown Prosecutors and the guidance and policy documents are available free on request from the CPS or can be downloaded from the CPS website.

There are references throughout the Charging Standards to Blackstone's Criminal Practice 2005, Archbold: Criminal Pleading, Evidence and Practice and Wilkinson's Road Traffic Offences.

The CPS Charging Standards are published with permission of the CPS-all documents are published as a result of CPS permission-but the CPS does not endorse the book.  All enquires related to this publication should be addressed to Oxford University Press.

All materials in this book are Crown copyright and reproduced with the permission of the Controller of Her Majesty's Stationery Office.

All the materials in this book are up to date as of 1 May 2005.



A Practical Approach To Criminal Procedure

Edition: 11th

Author: John Sprack

ISBN: 0-19-9298300

Publishers: Oxford University Press

Price £34.95 RRP UK

Publication Date: 22th June 2006


This book is a practical guide to the criminal process in England and Wales.

It explains what happens before the accused appears in court, the way in which prosecutions are commenced, funding by the Criminal Defence Service, and bail. It describes proceedings in the magistrates' court, including summary trial and committal for sentence, as well as the way in which the youth court operates. Committal and transfer for trial are explained and the process by which serious offences are sent direct to the Crown Court is also studied.  Trial on indictment is discussed in detail, as are sentencing and appeals.

The 11th edition has been fully updated to provide extensive coverage of the impact of the Criminal Justice Act 2003 on criminal procedure as a whole and The Criminal Procedure Rules 2005, and includes materials such as specimen counts and indictments, as well as a sample brief; these items are particularly helpful.

The book is divided into five parts, each covering the major elements of criminal procedure: preliminaries; the magistrates' court; the Crown Court; sentencing; and appeals.

In the 10th Edition the author told us that the introduction of the Criminal Justice Act 2003 had loomed over the preparation of that edition.

That Act is massive, this was borne out by the increase in the size of that edition.  When the Act was introduced into the House of Commons in November 2002, it consisted of 273 clauses and 23 Schedules.  By the time it received the Royal Assent, it had grown to 339 sections and 38 Schedules.  It may well be the longest criminal justice statute which Parliament has ever passed.

Criminal Evidence is a complicated area, I am glad this book has been up-dated, I have had copies of all the previous Editions, with the introduction of the Criminal Justice Act 2003 and the 2005 Rules I am pleased to have this edition since I feel I shall need it.

Rob Jerrard



The Law of Entry, Search and Seizure

Edition: 4th 2005

Author: Richard Stone

ISBN: 0-19-926866-5

Publishers: Oxford University Press

Price £69 RRP UK

Publication Date: 20th January 2005

There is an expression, ‘Horses for Courses’.  This book covers what to police officers is a very essential part of their work.  It is crucial that they have extensive knowledge of their powers of entry, search and seizure, as well as their powers of personal searching of suspects.  This brings me back to the theme of horses; Oxford University Press publish this book. That same stable publish, The Police Manuals, The Custody Officer’s Manual, The Police Investigator’s Manual, The Police Investigator’s Distance Learning Workbook, Police Question & Answer books, Mock Examinations, and more recently, Police Law, formerly published by Butterworths.

The book therefore has some good stable-mates to which police officers can turn. However I would still hope that copies of this book will find their way into force libraries and training schools for looking up the finer points of law and procedure.  It will be essential for Solicitors and Barristers involved with criminal work.

The title implies that the book is restricted to ‘Entry, Search and Seizure’, however, as the Author explains in the Preface, ‘the main intention of this book is to describe and analyse the situations in which the police or other officials can enter private property without permission’.  There are two specific areas in which it extends beyond this focus.  Firstly, in Chapter 5 it deals with police powers of personal search.  These are included for the sake of completeness, given their close links with police powers of entry to premises.  Secondly, in Chapter 10, the powers to demand entry under the civil search order, or Anton Piller order are included alongside other powers that can be used as part of procedures under the civil, as opposed to criminal law, such as the power to seize property to cover unpaid rent (distress), or to enforce judgments.

The Author then explains why the book goes beyond those powers granted to police officers, and ponders the question, ‘Was it true, I wondered, that officials of the Water Board (as it then was) could have greater powers than the police to enter a person's home? The answer to that question is to be found in Chapter 9

In 1979 the House of Lords handed down its landmark decision in R v IRC, ex p Rossminster [1980] AC 952, which illustrated the fact that authorities other than the police may have intrusive powers of entry.

Lord Wilberforce said, ‘The integrity and privacy of a man’s home, and of his place of business, an important human rights has, since the Second World War, been eroded by a number of statutes passed by Parliament in the belief, presumably, that this right of privacy ought in some cases to be overriden by the interest which the public has in preventing evasions of the law.  Some of these powers of search are reflections of dirigisme and of heavy taxation, others of changes in mores.  Examples of them are to be found in the Exchange Control Act 1947, the Finance Act 1972 (in relation to value added tax) and in statutes about gaming or the use of drugs.  A formidable number of officials now have powers to enter people’s premises, and to take property away, and these powers are frequently exercised, sometimes on a large scale.  Many people, as well as the respondents, think that this process has gone too far; that is an issue to be debated in Parliament and in the Press’.

Why is a new Edition required? The previous edition of this book was published in 1997, and there have been many significant changes in the law in the intervening period. The Human Rights Act came into force in 2000. 

Apart from the Human Rights Act, there is legislation, which has amended or added to powers of entry (but rarely repealed them).

Some of the more important provisions include the Regulation of Investigatory Powers Act 2000 (dealing with surveillance powers), the Criminal Justice and Police Act 2001 (powers to ‘seize and sift' material), the Proceeds of Crime Act 2002 (extending the power to seize property believed to have been acquired directly or indirectly through criminal activ­ity), the Criminal Justice Act 2003 (making various changes to police powers), and the Licensing Act 2003 (consolidating powers in relation to entry and inspection of places of entertainment). The Civil Procedure Rules introduced a comprehensive framework for the control of the issue and execution of what were Anton Piller orders, and are now civil search orders.

As in previous editions, the author has tried to deal with all the powers under common law or statute authorizing entry on to another person's property without consent.  He has not attempted to cover powers under local legislation, most such powers simply re-enact existing powers of entry (eg under section 287 of the Public Health Act 1936). Nor has he dealt with powers involving the taking of full possession of another's land, as under a compulsory purchase order. On the other hand, powers of inspection are dealt with, as well as those of search.

The Licensing Act 2003 is treated as being fully in force.  It was anticipated that this would be the case at the time of, or shortly after, Publication.

Rob Jerrard


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The Handbook of The Criminal Justice Process

The Handbook of the Criminal Justice Process is a new and authoritative account of the criminal justice system in England and Wales that engages with the central issues common to any major criminal justice system. The chapters provide a unique description of a dynamic and developing criminal justice system at work

The volume not only offers a clear understanding of the way the current English legal system works, but will equip the reader with a greater knowledge of criminal procedure in general and where and why choices have to be made. This new work is essential reading for all those studying the administration of criminal justice and criminology, as well as practitioners and policy-makers worldwide.

The most up-to-date, authoritative, and critical account of all facets of the criminal justice system in England and Wales

Offers comprehensive coverage of the entire criminal process from police investigation through the trial process to appeals and rectifications of miscarriages of justice

Compiles contributions from an outstanding group of leading figures in this field of law

Mike McConville is Dean of City University in Hong Kong and Professor of Law at the University of Warwick.

Geoffrey Wilson is Emeritus Professor of Law at the University of Warwick and a former Fellow of Queen's College, Cambridge.

CONTENTS

1          The structure and Organisation of Criminal justice in England and Wales

2          The Organization and Accountability of the Police

3          Police Investigative Powers

4          Covert Surveillance and the Use of Informants

5            Regulating the Police Station

6            Assisting and Advising Defendants Before Trial

7          Bail in Criminal Cases

8          The Right to Representation and Legal Aid

9          The System of Prosecution

10            Alternatives to Prosecution

11            Evidence in Criminal Cases

12        The Exchange of Information and Disclosure

13            Publicity Surrounding the Trial

14        Special Measures for Witnesses and Victims

15            Science, Experts, and Criminal Justice

16          Magistrates

17        The Role of the Advocate

18        The Role of the Judge in Criminal Cases

19        The Adversary Trial and Trial by judge Alone

20        Plea Bargaining

21        Trial by jury

22            Juvenile justice

23            Economic Crime

24            Mentally Abnormal offenders

25        The Sentencing Process

26            Criminal Appeals

27            Miscarriages of justice and the Correction of Error

28            Restorative Justice

29            Monitoring and Understanding Criminal Justice



The Oxford Book of Criminology 3rd Edition 2002

The most comprehensive and authoritative single volume text on the subject, the third edition of the acclaimed Handbook of Criminology combines masterly reviews of all the key topics with extensive references to aid further research. In addition to the history of the discipline and reviews of different theoretical perspectives, the book provides up-to­-date reviews of such diverse topics as the criminal justice process, race and gender, crime statistics, and the media and crime. The new edition has been substantially revised and updated, featuring new chapters and a new companion website. It is essential reading for all teachers and students of criminology and an indispensable sourcebook for professionals.

Fully revised and updated in light of recent policy changes and developed to meet all current syllabus requirements

Combines the talents of a wide group of leading writers, covering the entire spectrum of criminology

New or substantially revised chapters cover the impact of New Labour on policy; proposed sentencing reform; criminal justice and crime prevention; risk assessment and the 'What Works' approach to programmes for convicted offenders

Supported by a new companion website-including key web links, further reading, and chapter synopses, all organized by chapter for easy reference


PRAISE FOR THE SECOND EDITION:

, . . . quite simply an outstanding achievement ... the only text that is authoritative, comprehensive and serious enough to be the basis of an entire course in criminology.' Professor Stan Cohen, The British Journal of Criminology

'it will define undergraduate and postgraduate criminology courses for some time to

come . . . '            Criminal Justice Matters

Mike Maguire is Professor of Criminology and Criminal justice in the School of Social Sciences, Cardiff University.

Rod Morgan is Professor Emeritus of Criminal Justice, University of Bristol and HM Chief Inspector of the Probation Service for England and Wales.

Robert Reiner is Professor of Criminology in the Law Department, London School of Economics.


INTRODUCTION TO THE THIRD EDITION

Mike Maguire, Rod Morgan, and Robert Reiner

This is the third edition of The Oxford Handbook of Criminology. The first edition was prepared in 1992-3 and published in 1994. The second edition, which had a much shorter gestation, was prepared in 1996 and appeared in 1997. Our authors wrote their chapters for this edition during the summer, autumn, or early winter of 2001 (some of them engage in brinkmanship more than others), and we delivered the text to Oxford University Press at the beginning of January 2002. We would like to thank all our contributors for producing chapters of such a high standard while meeting such a demanding schedule. The fact that they will be available to students eight months later is a credit to everyone involved in the project at Oxford University Press.

In 1994 we said that we hoped the Handbook would meet a teaching and research need. The success of the enterprise suggests that it has. The Handbook is now widely acknowledged as the leading British text in its field and we conclude that our editorial rationale, explained in the Introduction to the first edition, has been vindicated. We therefore see no need to change our basic strategy. However, for this new edition we have not only ensured that all material has been thoroughly updated, but have also added some new chapters and made substantial changes in the coverage of others. This has entailed some changes in authorship (including bringing in some `new blood'), but the great majority of the current contributors have been with us from the beginning. Sadly, one change of authorship was forced upon us by the untimely death of Ian Taylor. We shall greatly miss Ian, and we remain very grateful for the high-quality contributions he made to both the previous editions.

We came to this venture in the early 1990s as three long-serving members of British universities with a wide variety of teaching and research experience in the broad area of criminology and criminal justice. The initial stimulus came from our strong feeling that there was no single comprehensive textbook covering sufficient ground in enough depth to build a general criminology course around it. There were (and are still) many excellent texts on most specific areas of crime and criminal justice, such as the criminal justice process, the penal system, policing, victims, gender, and race. There were also a number of well-established and stimulating texts on the theoretical development of criminology. However, reading lists for courses intending to cover theoretical and substantive issues had to use a variety of different references (books and articles) for each topic. Reading lists had become dauntingly elephantine, and increasingly unfriendly to students with limited resources in time and money. This is the gap we originally set out to fill, and do so again with the third edition. The Handbook aims to provide students with authoritative overviews of the major issues that most criminology courses cover, whether taught in schools of law or social science, to undergraduates, postgraduates, or practitioners.

As described at some length in the Introductions to the previous editions, crimin­ology is a field that has experienced a huge and continuing expansion, as well as a major ‘fragmentation' (Ericson and Carriere 1994) in terms of substantive areas of specialization and epistemological, methodological, and political orientations. It is no longer possible, as once it was, for individuals to keep abreast of all this activity and output. Scores of research monographs and general texts of a criminological nature are published each year. At least a dozen British publishing houses carry a substantial list of criminology titles, and many university centres have in-house monograph series. The British Journal of Criminology and the Howard Journal now compete with several other British-based academic journals in more specialized areas of criminology-Theoretical Criminology, Punishment and Society and Criminal justice are among those that have recently joined the pack-and with journals on substantive areas like policing, victimology, and probation. In addition, most of the general social science and law journals regularly publish articles of a criminological character.

Rather than attempt to write about all of these areas ourselves, we set out to assemble a collection of state-of-the-art reviews by leading academics covering, as nearly as possible, the full range of issues addressed by criminology, and representing the diverse array of viewpoints in criminological discourse. To make this already highly ambitious task more manageable, we have since the beginning maintained a fairly strong focus on issues and material of particular interest to British criminolo­gists and their students, but this does not by any means exclude reference to major international developments and literature. For this third edition, we commissioned thirty-two British scholars (two of them based overseas) to provide reviews of thirty ­one major topics, most as single but some as joint authors. We asked them to refer to relevant theory and recent research, to point to policy developments, and to highlight those aspects of current debate of which students, teachers, and practitioners should be aware. We also asked them to provide a short guide to further reading and include comprehensive bibliographies so that students can follow up topics in greater detail. All the feedback we have received on the previous editions suggests that these biblio­graphical resources are a valuable feature of the Handbook for students and teachers alike.

We have for each edition, selected contributors recognized for their research and scholarship, usually, though not always, in the topic areas about which we asked them to write. However, we have never stipulated the theoretical approach they should adopt, and have deliberately approached scholars representing different perspectives. The Handbook remains unashamedly a collection of different voices.

The result will not please everyone. We recognize that our commitment to non ­dogmatic inclusiveness carries with it the pitfall that a way of seeing is also always a way of not seeing (Burke 1989). Editorial inclusion, however wide-ranging and non-partisan, always entails exclusion, and our claims to be non-dogmatic are to some extent necessarily disingenuous. A few of the chapters in this collection are contributed by fairly obvious authors who could not easily be replaced. But most topics could have been covered by equally worthy others. Our choice of collaborators has inevitably been shaped by our circles of acquaintanceship, our disciplinary origins and affiliations, and our theoretical orientations.



POLICING WORLD SOCIETY

Historical Foundations of International Police Cooperation by Mathieu Deflem, University of South Carolina

Oxford University Press 2002

ISBN 0199259623 RRP in UK £50

This book offers a sociological analysis of the history of international police cooperation in the period from the middle of the 19th century until the end of World War II. Emphasis is on international cooperation strategies involving police institutions from the United States and Germany as well as other European countries. The study provides a rich empirical account of many dimensions in the history of international policing, including the role of police in the 19th-century development towards national independence; the evolution of international police cooperation from political to criminal enforcement duties; international police aspects involved with the outbreak of World War I and the Bolshevik Revolution; the early history of international police organizations,including Interpol; the international implications of the Nazification of the German police; and the rise on the international scene of the Federal Bureau of Investigation.

To account for these historical transformations, this book develops and innovative theoretical model of bureaucratisation based on the sociology of Max Weber and theories of globalisation. It is argued that International police cooperation is enabled through a historical process of police agencies gradually claiming and gaining a position of relative independence from the governments of their respective states.

Additionally, it is shown, international police cooperation relies on expert systems of knowledge on international crime, which police institutions across nations develop and share. Alongside of these developments towards cooperation, nationally variable concerns of participating police remain paradoxically paramount.

This book is written from a historical-sociological viewpoint but will appeal to scholars from a broad variety of disciplines, particularly criminologists and criminal justice scholars, sociolegal scholars, historians, political scientists, international studies and globalisation scholars, as well as students and practitioners of criminal and public policy.

TABLE OF CONTENTS

Introduction: Historical Foundations of International Police Cooperation

1 The Rise of International Policing

2 The Expansion of World Society

3 Towards an International Criminal Police

4 War and Revolution

5 The Origins of Interpol

6 Policing Across National Borders

7 On the Road to War: The Control of World Policing

8 Policing the Peace and the Restoration of World Order

Conclusion: Patterns and Dynamics of International Police

Appendix 1: A Chronology of International Police

Appendix 2: A German-US Dialogue on Police and Criminal Justice

Appendix 3: Archives and Libraries

Donald Black, University Professor of the Social Sciences

at the University of Virginia, says of the book:

"Mathieu Deflem's Policing World Society is a highly scholarly and

groundbreaking book on a subject largely neglected by social science

-the globalisation of police work. The book is impressive along

various dimensions, including its resourceful historical research and

analysis, scientific rigor, theoretical sophistication, and rich and

illuminating empirical detail. Without a doubt it will be the premier

work on the subject for many years to come."

This is certainly a valuable contribution to the subject of world policing, as a child of WW2 I was not aware of the attempts by the German Nazi Party to control world policing, one wonders what the world would have become had they not been defeated.  Since September 11 2001 it is even more important that all Countries co-operate to see that history does not repeat itself.


LINKS