"INTERNET LAW BOOK REVIEWS", Provided by Rob Jerrard LLB LLM

OXFORD UNIVERSITY PRESS



Blackstone's Guide to the Terrorism Act 2006

Author: Alun Jones, Robert Bowers and Hugh D Lodge

ISBN-10: 0-19-920843-3
ISBN-13: 978-0-19-920843-2

Publishers: Oxford University Press

Price £34.95 (paper)

Publication Date: 31 August 2006

Description

Publisher’s Title Information

This new Blackstone's Guide offers comprehensive analysis of the new Act whilst also placing it in the context of what has gone before

Clearly explains the new offences created by the 2006 Act, including; the Encouragement of Terrorism; the Dissemination of Terrorist Publications; the Preparation of Terrorist Acts; Training for Terrorism; and Attendance at a place used for Terrorist Training

Clearly explains how the new procedures and offences can be both implemented and challenged effectively, before trial and at trial

Contains the full text of the Terrorism Act 2006

In the immediate aftermath of the London bombings on the 7th July 2005, the government announced very quickly that new anti-terror legislation was to be swiftly enacted. The resulting Terrorism Act has been the subject of intense political and legal debate, and creates a number of new terrorist offences including;
The Encouragement of Terrorism
The Dissemination of Terrorist Publications
The Preparation of Terrorist Acts
Training for Terrorism
Attendance at a place used for Terrorist Training
The new Act also and particularly controversially, extends the time during which police may detain suspects without charge. These new offences combined with the recent establishment of a specialist prosecution unit dealing with terrorist prosecutions, means that investigation into terrorist offences is predicted to become intense and controversial, leading to a far greater number of prosecutions. Similarly, the aggressive use of investigative powers is expected to lead to challenge in the High Court by way of proceedings for judicial review, and there may be challenges to the legality of certain provisions in the higher domestic Courts and in the European Court of Human Rights.
This new Blackstone's Guide offers comprehensive coverage on the new Act, whilst also placing it in the context of what has gone before, namely; The Terrorism Act 2000; The Anti -Terrorism, Crime and Security Act 2001; The Regulation of Investigatory Powers Act 2000; the Prevention of Terrorism Act 2005; and the Serious Organised Crime and Police Act 2005. This body of anti-terror legislation is dealt with in logical order, tracing the criminal process through investigation and arrest right through to prosecution and appeal. At each stage the legislation is discussed with reference to Hansard, the common law, authority in UK and abroad in relation to principles of jurisdiction, human rights, the rules of evidence, and other criminal justice statutes.
The book provides clear guidance as to how the new procedures and offences can be both implemented and challenged effectively, before trial and at trial, and includes the full text of the Terrorism Act 2006.

The Series

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.



Bevan and Lidstone’s: The Investigation of Crime - A Guide to the Law of Criminal Investigation

Edition: 3rd 2004

Author: Denis Clark

ISBN: 0406957428

Oxford University Press

£29.95 RRP UK

Publication Date: June 2004


Review

Bevan and Lidstone first appeared in August 1991.  The book started life as "Guide to the Police and Criminal Evidence Act 1984", it then became "The Investigation of Crime A Guide to Police Powers".  It is now called, Bevan and Lidstone’s: The Investigation of Crime - A Guide to the Law of Criminal Investigation.  The 2nd edition was prepared by Ken Lidstone and Clare Palmer following the untimely death of Vaughan Bevan in 1992.  Despite the re‑writing of all chapters in 1996 much of Vaughan remained then.  Denis Clark has now taken over.  Other than the Blackstone’s Police Manuals there are two books that all police officers should possess if they are wise, this is one of the two, the other is "Zander".  Tricky situations do develop when you are either Custody Sergeant or the Reviewing Officer and possession of this book may help.

The book holds a wide appeal among professionals involved in the criminal justice system, that is, solicitors, barristers, the Bench, the Crown Prosecution Service and Magistrates' Clerks, as well as bodies like the citizens' advice bureaux and legal advice centres. As an aid to students with an interest in criminal law and justice, civil liberties, constitutional low and police powers, this book will also be in demand.

We are told on the rear cover that, "Criminal investigation is a process of interlocking activities influenced by cultural and psychological considerations, regulated by law".  Police Officers would be more inclined to say, "things are getting a bit bogged down in here". True, yes, it has never been more complex.  We are told that, "any thoughts of complacency have been wiped away by The Second Report of the Shipman Inquiry (2003), which offered similar criticisms to those featured in the Stephen Lawrence Inquiry (1999), relating to flawed police investigations and a lack of adequate documentation".  It would seem fairer to spread the blame a bit wider than that.  However, be that as it may, it is essential to be up-to-date, at least that way you have a chance of being correct in your application of PACE.

This new, third edition offers comprehensive guidance to police investigative powers. You will find the provisions relating to terrorism, surveillance, financial investigation, computer crime and football violence all covered.  The new edition has been widened to include material on the law of crime scene preservation, forensic issues, cross-border powers and procedural issues.

New legislation covered in this edition includes the Criminal Procedure and Investigations Act 1996, which deals with pre-trial disclosure, the Terrorism Act 2000,the Police Reform Act 2002, the significant Regulation of Investigatory Powers Act 2000 which regulates surveillance, both human and technical, including the interception of telephone calls and e-mail.  The book also takes account of issues relating to entrapment, the use of informants, undercover police officers, public interest immunity and the abuse of process doctrine. Investigative powers are analysed in detail in the context of the impact of the Human Rights Act 1998 and the developments brought about by the Criminal Justice Act 2003.

Denis Clark, the new author, is Senior Lecturer in Criminal Justice Studies, Centre for Applied Socio-Legal Studies, School of Social Sciences and Law, University of Teesside. One of the original authors was at one time a police officer. The last edition states that between 1961 and 1971 (pre PACE) Ken Lidstone served as an Inspector with the South Wales Constabulary.  I wonder what he would make of it now?  In any case we have to thank him for the foundations he laid when it all began in 1984, when I was a custody Sergeant in at the beginning.  This latest Edition is very welcome.

Rob Jerrard



Investigating Murder - Detective Work and the Police Response to Criminal Homicide

Series: Clarendon Studies in Criminology

The Clarendon Studies in Criminology was inaugurated in 1994 under the auspices of the centres of criminology at the Universities of Cambridge and Oxford and the London School of Economics. It was the successor to Cambridge Studies in Criminology, founded by Sir Leon Radzinowicz and J.W.C. Turner almost sixty years ago.

Author:Martin Innes, Lecturer in Sociology, University of Surrey

ISBN: 0-19-925942-9

Publishers Oxford University Press

Price: £50.00


Review

Watching the TV detectives one is left with the impression that a detective’s day is fully occupied with nothing but murder cases - this of course is far from true (unless attached to a murder squad); however Investigating Murder provides an insight into how police detectives investigate and solve murders. Based upon fieldwork observation of murder squads at work, interviews with detectives and detailed analysis of police case files, it provides an original and innovative account of the practices and processes involved in the investigation of homicides, as well as some of the problems that are often encountered in the conduct of this work. Drawing upon the detailed empirical data collected, the book develops a conceptual framework for understanding the methods that detectives seek to utilise in order to identify suspects and construct a case against them. Situating such work in its social and legal context this major study shows how interviews, forensic evidence, and other investigative techniques are used by detectives to manufacture a narrative of the crime that sets out how the incident took place, and who did what to whom.

In so doing, the book does much to further our understandings of detective work, how detectives understand their role, the problems they encounter and the solutions they manufacture to solve these problems. The description and analysis provided will be of interest to academic researchers and students in the fields of policing and crimi­nology, as well as practitioners working in the criminal justice system.

To this must be added, crime writers and TV screen writers in the hope that they will make some attempt to show something close to reality, EG.; please, please, do not portray detectives (or even uniformed officers) walking all over the crime scene or tasting a drug to identify it.  One other pet hate of mine, uniformed officers DO NOT stand in the corner of the room when detectives are questioning a suspect, they are far too busy with their own work.

The author Martin Innes was awarded his PhD in 1999 by the London School of Economics. In the same year he was appointed to a lectureship in sociology at the University of Surrey, where he teaches undergraduate and postgraduate courses in the sociology of deviance and social control; social theory and social policy. His research focuses upon issues of policing and social control, crime investigation, and communication and social theory.

Suggested Readership: Academics and scholars in the fields of criminology, policing studies, law and sociology. Police officers, lawyers and barristers working in the criminal justice system and as I have said crime writers.


Contents

Part 1: Setting the Scene

1 Detective Work

2 Murder

3 Law

4 The Social Organisation of Murder Squads

Part 2: Towards a Theory of Crime Investigation

5 Information Work

6 Investigative Technologies

7 Investigative Methodology

Part 3: The Process of the Investigation

8 Self-solvers

9 Whodunits

10 Murder Investigations In Extremis

Part 4: Conclusion

11 Crime Investigation and the Creation of Collective Memory

General Editor's Introduction to the book

Criminology is a field of study that covers everything from research into the causes of crime to the politics of the operations of the criminal justice system. Researchers in different social and behavioural sciences, criminal justice and law, all make important contributions to our understanding of the phenomena of crime. The Clarendon Studies in Criminology series tries to reflect this diversity by publishing high quality theory and research monographs by established scholars as well as by young scholars of great promise from all different kinds of academic backgrounds.

Few things catch the public's imagination as much as cases of murder and their investigations. Numerous are the media accounts that follow police and forensic work of high profile crime cases. But what do we really know about the investigative process? In 'Investi­gating Murder: Detective Work and the Police Response to Crim­inal Homicide', Martin Innes gives us insights into the inner workings of the criminal investigations of homicides. He describes and analyses in detail the investigative process through an explora­tive qualitative study of an English police force. He also offers us a tentative theoretical framework for understanding the process of investigation. Innes sees the work of the homicide investigators as `concerned with the social construction of meaning' which `allows both the police and other socio-legal actors to act as if they know how and why the victim died, and who was responsible.' He also argues for an `important symbolic dimension' of police investiga­tions of murder as they relate to `the maintenance and reproduction of the moral, social and cultural order.'

This book should be an interesting read for all those involved in criminal investigations, and more broadly in the criminal justice system. Innes' book is also likely to engage those who want to develop a more academic understanding of criminal justice. The ideas and interpretations put forward by Innes are thought provok­ing and at times challenging. They will most likely create debate. They will force practitioners and academics alike to reflect upon their own perspective on the criminal investigation process and its role in society. And that cannot be a bad thing.

Per-Olof H. Wikstrom, University of Cambridge & Centre for Advanced Studies in the Social and Behavioural Sciences, Stanford, (2002-03) December 2002

From the Author’s Preface

In writing this book my aim has been to throw light on the subject of police murder investigations. At first glance this seems to be something of an ironic objective, in that few areas of policing are subject to as much scrutiny as the work that is conducted on major crime enquiries. Stories on television, in the press, and in literature serve as an almost constant reminder that the investigation of unlawful deaths remains a key component of the police function. But although these stories frequently offer glimpsed descriptions of what it is that the police do, for the most part they do not provide a detailed analysis of the nature of the investigative work performed.

In what follows my aims remain modest. I see this book as an exploratory study that seeks to understand the practices, processes, and procedures utilized by detectives, together with the problems that they encounter, when investigating homicides. In focusing upon this topic I touch on a wide range of issues drawn from the disciplines of sociology, criminology, and law in an attempt to provide a comprehensive account of detective work. Throughout the book I have sought to integrate an empirically grounded ap­proach with ways of seeing informed by themes drawn from wider debates in social theory, the purpose being not just to describe the work performed, but to provide genuine insight into how and why it is performed in particular ways. In addition then to the detailed descriptions and analyses of the work of detectives, underpinning the discussion is a concern to better understand aspects of the relationship between beliefs and actions. Reduced to its basics, stripped of context and detail, detective work is about establishing and fixing a set of beliefs about how and why a particular crime happened. The production of these beliefs is the outcome of par­ticular investigative actions, which are themselves informed by a wider belief system. It was never a stated intention of mine when starting this research to examine this aspect of social life, rather this theme of the interplay and inter-working of belief and action emerged in a number of permutations from the data.

I hope that the approach adopted will assist the book in finding an audience among both academics and practitioners. For those with academic interests in policing, the sociology of deviance, criminology, and law, this book is intended as a contribution to our collective knowledge of one of the mechanisms by which social control is enacted and social order produced in contemporary society; whilst for police officers and others working in the criminal justice system, I would hope that the study provides greater depth of understanding in terms of the work that is conducted.



Textbook Criminal Law 7th EDITION 2003

Updated to incorporate all significant case law and statutory material since the last edition, Michael Allen's popular textbook provides a comprehensive and up to date account of both the general principles and current state of criminal law.

Designed to map directly on to undergraduate courses, and improved by a new page layout, this textbook brings clarity to this complex subject, helping to guide the student through potential areas of confusion.

Textbook on Criminal Law is essential reading for all students following LLB or CPE courses in criminal law.

New to this edition:

Comprehensive coverage of recent House of Lords decisions, such as R v Kon indecent assault and presumption of mens rea, R v Loosely and A-G's Reference (No.3 of 2000) on entrapment and abuse of process.

Discussions on numerous Court of Appeal decisions such as Dias on causation in relation to manslaughter, Shaylerand Harmer on duress, Martin on self-defence, and White on racially aggravated assault.

New legislation is also covered, including Sexual Offences (Amendment) Act 2000 and the offence of a position of trust.

Contents

Introduction

Actus Reus

Mens Rea

Negligence and Strict Liability

Capacity and Incapacitating Conditions

General Defences

Parties to Crime

Inchoate Offences

Homicide

Non-fatal Offences Against the Person

Offences Under the Theft Acts 1968 and 1978: Theft and Related Offences

Offences Involving Deception

Further Offences Under the Theft Acts

Criminal Damage

Michael Allen is a member of the Criminal Cases Review Commission and was formerly Professor of Law, Newcastle Law School.

Criminal law is a subject of great complexity which students find both fascinating and frustrating. The complexity is in large part caused by the uncertainty created by judges in courts at all levels, who fail to understand or adhere to fundamental principles. As a result the subject is both challenging and potentially frustrating.

Traditionally textbooks on criminal law provide much more detail than students require and may, themselves, add to the confusion. This book will seek to state clearly both the principles fundamental to criminal liability and the current state of the law in the areas covered in most criminal law courses. In addition it will highlight those areas where there are doubts, problems or confusion. It is hoped that this book will help students both to meet the intellectual challenge which criminal law presents them and safely to negotiate those areas where frustration might creep in.

In the two years since the sixth edition of this book was published there have been numerous developments in both statutory and case law. New cases have been incorporated into most chapters with the result that some questions posed in the sixth edition have been answered, while new questions have arisen to which answers are now required.

The is also a new Publisher - Blackstone Press is now owned by Oxford University Press.

The law is stated as it was on 30th Sept 2002.


REVIEW

"Traditionally textbooks on criminal law provide much more detail than students require and may, themselves, add to the confusion." This is a very true statement, if you are looking for a reasonable priced book on Criminal Law you cannot go far wrong with this one. As the Legal Correspondent to Police Journal I try to provide cases that I think are important to police officers in their daily work, you will see from the above that the author of this work covers those fundamental cases as well, his explanation of them is very easy to follow. I highly recommend this book as a good extra for police promotion candidates as well as students studying for law degrees.

Rob Jerrard