"INTERNET LAW BOOK REVIEWS" Provided by Rob Jerrard LLB LLM (London)

Oxford University Press Books Reviewed in 2008


Blackstone's Guide to the Serious Crime Act 2007
Edition: 1st
Format: Paperback
Author: Rudi Fortson
ISBN: 978-0-19-954304-5
Publishers: Oxford University Press
Price: £44.95
Publication Date: 24th April 2008
 
Publisher's Title Information

 
Provides a detailed and practical commentary on the likely effect of the Act on the law, practice and procedure - with full case referencing to illuminate probable interpretation
An excellent quick reference tool - being logically organised and following the structure of the Act
Includes the full text of the Act
The Blackstone's Guide Series delivers concise and accessible books covering the latest legislative changes and amendments. Published soon after enactment, 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.
 
This Guide provides a detailed and practical commentary on the Serious Crime Act 2007. It examines the probable impact on the law, practice and procedure, with full case referencing to illuminate probable interpretation. The Act establishes the serious crime prevention order - also called a 'super-asbo' - which will impose restrictions on individuals and organisations convicted or suspected of being involved in serious crimes (such as people and arms trafficking, fraud, drug dealing and blackmail). It also introduces new offences of intentionally encouraging or assisting a criminal act ; the strengthening of the recovery of criminal assets; and abolishes the Assets Recovery Agency - transferring its responsibilities to the Serious Organised Crime Agency
The Guide:
- Includes the full text of the Act
 
- Provides a detailed and practical commentary on its likely effect on the law, practice and procedure - with full case referencing to illuminate probable interpretation
 
- The narrative highlights the tensions caused with human rights and civil liberties issues - looking at possible conflict with the HRA and ECHR
 
- Straightforward layout, organised by subject heading to enable ease of use as a reference resource
 

Contents
 
Introduction
Serious Crime Prevention Orders - General Matters
SCPO's - jurisdiction of the High Court
SCPOS - jurisdiction of the Crown Court
SCPOS - Appeals and Enforcement
Encouraging and Participating in Crime
Data Sharing and Data Matching
The Demise of ARA
Cash forfeiture in civil proceedings
Accredited Financial Investigators
Powers Relating to Receivers appointed under POCA 2002
Extension of Investigatory Powers of Revenue and Customs
Other measures enacted under SCA 2007


Fraud: Criminal Law and Procedure
Edition: 1st
Format: Looseleaf
Author: Edited by Clare Montgomery & David Ormerod
ISBN: 9780199235308
Publishers: Oxford University Press
Price: Mainwork price: £245.00 (includes first year updating)
Service Price: £175 (approximately 2 releases per year)
Publication Date: 17th April 2008
 
Publisher's Title Information


General editors Clare Montgomery QC and Professor David Ormerod lead an expert author team
A comprehensive analysis of the investigation and prosecution of fraud offences in England and Wales including coverage of the investigative, pre-trial, procedural and substantive law issues as well as related topics such as corruption and money-laundering
Detailed narrative and all relevant materials contained in a single portable volume
Contributors include both leading practitioners in the field and 'insiders' from government agencies including the Serious Fraud Office and the Government Legal Service
Covers every area of fraud law and practice
Presented in loose-leaf format and updated once in the first year and twice a year thereafter
The practical and academic expertise of the Editors offers a unique combination not found in the existing works on fraud and related offences
Clear and accessible for the busy practitioners
This definitive new work provides a comprehensive analysis of the investigation and prosecution of fraud offences in England and Wales. The discussion involves a critical analysis of the law, by reference to the policies, principles and practicalities of the criminal investigation and trial. The looseleaf covers the investigative, pre-trial, procedural and substantive law issues relating to fraud offences, as well as coverage of related topics such as corruption and money-laundering. Thirty specially commissioned chapters from acknowledged experts in the field are combined with all relevant materials to provide authoritative legal text and practical guidance in one volume. The practical and academic expertise of the Editors offers a unique combination not found in the existing works on fraud and related offences. As fraud law and procedure changes so rapidly, this work is published in loose-leaf format with regular updates (one in the first year, two thereafter) to provide the most comprehensive, analytical, and up-to-date fraud service available.

Contents
 
PART A: INVESTIGATION
A1. Fraud Investigations by the Serious and Organised Crime Agency
A2. Serious Fraud Offices Investigations and Prosecutions
A3. FSA Investigations
A4. Competition Law Investigations
A5. Investigations of Companies under Part XIV of the Companies Act 1985
A6. Insolvency Investigations
A7. Mutual Legal Assistance in Cases of Fraud
PART B: PRE-TRIAL PROCEDURE
B1. Charging Process
B2. Transfers
B3. Pre-Trial Hearings
B4. Preliminary Appeals and Reviews
B5. Disclosure in Fraud Cases Tried on Indictment
B6. Funding
PART C: THE TRIAL
C1. Indictments and Severance
C2. Hearsay and Documentary Evidence
C3. Restrictions on the Use of Evidence
C4. Expert Evidence
C5. Trial by Judge Alone
C6. Presenting a Fraud Case
PART D: OFFENCES
D1. Dishonesty and Related Mens Rea Concepts
D2. Fraud Act 2005
D3. Offences Under the Theft Acts 1968, 1978, 1996
D4. Offences Under the Companies Act
D5. Insider Dealing and Market Abuse
D6. The Cartel Offence and Related Offences in Competition Law
D7. Conspiracy to Defraud
D8. Corruption
D9. Money Laundering Offences
D10. Revenue Offences
MATERIALS
MATERIALS PART I - PRECEDENTS
1. CPS Precedents
MATERIALS II - APPENDICES
1. Public Bodies Corrupt Practices Act 1889
2. Prevention of Corruption Act 1906
3. Prevention of Corruption Act 1916
4. Theft Act 1968 (extracts)
5. Police and Criminal Evidence Act 1984 (extracts)
6. Companies Act 1985 (Part XIV)
7. Company Directors Disqualification Act 1986 (extracts)
8. Insolvency Act 1986 (extracts)
9. Insolvency Rules 1986 (extracts)
10. Criminal Justice Act 1987 (extracts)
11. Treaty Establishing the EC (extracts)
12. Criminal Justice Act 1993 (Part V)
13. Criminal Procedure and Investigations Act 1996 (extracts)
14. CPIA Codes
15. Competition Act 1998 (extracts)
16. EC Regulation on Insolvency Proceedings (extracts)
17. Financial Services and Markets Act 2000 as amended by Schedule 2 of the Financial Services and Markets Act 2000 (Market Abuse) Regulations 2005 (extracts)
18. Offence of Evasion of Income Tax (Finance Act 2000 section 144)
19. Common Law Offence of Cheat
20. Anti-Terrorism Crime and Security Act 2001 (extracts)
21. Enterprise Act 2002 (extracts)
22. Proceeds of Crime Act 2002 (extracts)
23. Criminal Justice Act 2003 (extracts)
24. Attorney General's Guidelines on Disclosure
25. Serious Organised Crime and Police Act 2005 (extracts)
26. Criminal Procedure Rules (extracts including Part 15 inserted by The Criminal Procedure (Amendment) Rules 2006)
27. Fraud Protocol 2005
28. Disclosure Protocol (extracts)
29. Fraud Act 2006
30. Companies Act 2006 (Part 32)
31. Companies Act 2006 (Schedules 3 and 16)
32. Cross Border Insolvency Regulations 2006 (extracts)
33. The Consolidated Criminal Practice Direction (Parts IV.41 and V.56)
34. Money Laundering Regulations 2007 (SI 2007/2157)
35. FSA's 'The Enforcement Manual' (extracts) in its recently revised form
 

Preface
 
Fraud continues to present unique challenges in investigation, preparation for trial and the trial itself. Fraud cases are notorious for the complexity of the issues that arise. Many of the offences involved are long establishedit is now 40 years since the Theft Actand some are amongst the most commonly prosecuted, but they continue to generate difficulties. Despite being hailed as an Act of simplicity and clarity, it is anticipated that the new Fraud Act 2006 will bring its own difficulties in interpretation and application. There is no doubt that criminal practitioners, of every level of experience, preparing for a fraud trial require a text on which they can rely for clear exposition and detailed analysis of the law offering practical insights as well as academic rigour.
 
We have not attempted to cover every offence which might include an element of dishonesty or which might have some potential relevance to fraud, but to focus on the core issues that are likely to arise in most complex fraud cases. This has allowed us to offer a greater depth of analysis on the issues that matter. The result is, we trust, a comprehensive, accessible and authoritative manual on fraud law.
 
We have chosen to present the book in loose-leaf format in recognition of the fast-developing nature of this area of law. This format will allow for comprehensive updating on a six month cycle. We recognise that very significant changes may be imminent. The Fraud Review has been ongoing for over 18 months and innovative proposals are being advanced.
The authors of individual chapters were selected on the basis of their expertise in individual areas, and we are proud to say that we believe we have assembled a team which is unrivalled in its depth of knowledge and experience. Our joint editorship fuses practical experience and insight with academic analysis. It is a pleasure to thank our excellent production team at OUP, whose quiet competence and professionalism make our work possible.
 
We have tried to state the law as at 1 January 2008.
 
Clare Montgomery QC Professor David Ormerod
 

Foreword
 
This new looseleaf examining in detail all aspects of the substantive and procedural law of fraud is an indispensable companion for all those who have any professional involvement with investigating, prosecuting, defending or trying fraud cases. It is also indispensable for those who regulate or advise on activities which may come within the very wide compass of the new Fraud Act 2006. The traditional approach to the definition of criminal offences has been to define them narrowly. That approach has been abandoned in the Fraud Act as Professor David Ormerod shows in his in-depth scholarly but practically focussed analysis of the very wide definition of the offence of fraud. Given also the wide extraterritorial scope of fraud offences (coupled with the ease with which suspects may be extradited and with the provisions for mutual legal assistance), this volume should be indispensable for those abroad who are selling products or services to persons or companies in this country.
 
This looseleaf has many advantages. It covers literally all the steps in the investigation of fraud through to trial. It is so comprehensive that I would be surprised if the answer to any question relating to the conduct of a fraud case from beginning to end is not to be found within it. Even the difficult issue of funding a defendant charged with fraud is examined. The looseleaf format enables rapid changes to be made and there will be rapid changes as the courts get to grips with the new Act. In addition, as an invaluable resource to the busy practitioner, all the relevant legislation is to be found in the appendices to the work.
 
The publisher, Oxford University Press which is now a leading legal publisher, has had the inspiration to choose David Ormerod and Claire Montgomery QC as the general editors. They combine to bring the knowledge and skills of the academic and of the practitioner to the work. The contributing authors, coming from varied backgrounds, are all leaders in their fields. Importantly within their ranks are those who investigate and prosecute, those who defend, and those who do both.
 
I warmly congratulate all who have been involved in this new and essential addition to our libraries.
 
The Right Honourable Lord Justice Hooper QC February 2007
 

Reviews to Date
 
'"This fantastic new looseleaf is the best work on fraud which I have ever seen. It contains everything a practitioner or judge will ever need to know about fraud. Edited by Clare Montgomery QC and Professor David Ormerod, and written by 'insiders' from all the main governmental agencies, together with leading defence and prosecution practitioners, the work provides a unique insight into and perspective on, all aspects of fraud law and procedure. It is written in a very clear style, with superb coverage of case management and trial procedure, and includes all vital legislative materials in the Precedents and Appendices. Though extremely comprehensive it is also portable and easy to transport - ideal for use in court, and I shall be recommending it as essential reading on all my JSB courses."' - HHJ Durham-Hall QC

'"Lawyers and judges working in the field of fraud cover a number overlapping areas of practice due to the vast array and increasingly international nature of the conduct which constitutes "fraud". It is, therefore, high time for an authoritative and accessible work on the subject. This excellent work fills that gap and will, I predict, prove to be the first source of reference for fraud practitioners, whatever the case."' - Ian R Burton, Burton & Copeland Solicitors
 
'This outstanding looseleaf, put together by a stellar cast of editors and contributors, will doubtless be found on the shelf of every serious practitioner in this field. It is comprehensive, practical and erudite. I commend it without hesitation."' - Director of Public Prosecutions
'"No fraud practitioner can afford to be without this looseleaf: Montgomery and Ormerod have assembled a hugely impressive array of academic and practitioner talent to produce a tome which, from the chapters I have reviewed, is learned, impressive and very readable. I shall buy it: I hope that my opponents do not."' - Edmund Lawson QC, Cloth Fair Chambers


Witness Identification in Criminal Cases: Psychology and Practice
Edition: 1st
Format: Paperback
Author: Rachel Wilcock, Ray Bull, & Rebecca Milne,
ISBN: 978-0-19-921693-2
Publishers: Oxford University Press
Price: £34.99
Publication Date: 11th Sept 2008
 
Publisher's Title Information

 
The only up to date guide for the police and students on the psychology behind criminal identification, the psychological factors affecting identification, and recent research and innovations in the area.
Applies psychology to the area of criminal identification, making reference to relevant legislation including the PACE Codes of Practice.
Outlines the psychological information relevant to constructing and delivering identification parades .
Includes a chapter on how to assist vulnerable witnesses in providing accurate ID evidence
Examines other methods of ID including voice and gait identification.
Witness Identification provides an up-to-date review on identifying crime perpetrators based on psychological theory and research. Applying psychology to the area of criminal identification, the authors make reference to relevant legislation such as the PACE Codes of Practice as they explore the psychology involved in identification.
 
This insightful and practical title will inform anyone interested in this area. The authors outline the psychological information relevant to constructing and delivering identification parades, such as the point of view of the suspect and witness or victim, how witnesses remember, and the factors likely to affect the accuracy of person descriptions. They also consider the effects of stereotypes and expectancies on identification performance, as well as a discussion of the technologies involved in identification procedure. The book includes a chapter on how to assist people who are deemed vulnerable in order to elicit accurate identification evidence. It also looks at other methods of identification in addition to face identification, such as methods to identify a person's voice and gait.
 
By providing an overview of legislation and guidelines to conducting identity parades alongside a psychological underpinning, this book is a valuable resource to anyone whose work involves identification procedures, as well as students of psychology, law and police studies.
 

Contents
 
1. Introduction
2. Perception, memory, and recognition involved in witness identification
3. Giving person descriptions and the effect of this on the identification process
4. Factors Affecting the Accuracy of Eyewitness Identifications
5. Identification by voice or by gait
6. The effects of expectations and stereotypes on identification
7. Recommendations for conducting identification parades
8. Assisting vulnerable witnesses
9. New innovations: Applying psychological science to the real world
10. Where we are now, and where do we want to go?
 

The Authors
Rachel Wilcock, Senior Lecturer, London South Bank University,
Ray Bull, Professor of Forensic Psychology, University of Leicester, and
Rebecca Milne, Principal Lecturer at the Institute of Criminal Justice Studies, University of Portsmouth

Reviewer Wanted

Would you be interested in reviewing this book? (The Book Above) If you are interested in providing a review in about 500/800 words within 3 months or sooner then please contact us by e-mail at robjerrard@aol.com providing a small CV and your interest/or expertise in this particular book/subject. We do ask reviewers to agree to review within Approximately 3 months and to assist with costs, pay the postage, books not reviewed should be returned. We are looking for a positive commitment.

"Internet Law Book Reviews" aims to provide reviews of a high standard. For an indication of what is required please see this website. "Internet Law book Reviews" which currently attracts up to 1,200 visitors per day. We welcome all categories of reviewers. We reserve the right to edit reviews. Reviews submitted are for publication on this website.


Criminal Law
Criminal Law Series: Core Texts Series
Edition: 6th
Format: Paperback
Author: Nicola Padfield
ISBN: 978-0-19-953303-9
Publishers: Oxford University Press
Price: £19.99 (paper)
Publication Date: 17 July 2008
 
Publisher's Title Information

 
Introduces a wide range of critical perspectives, enabling students to appreciate the key debates in the subject
Includes numerous summaries of cases, introducing students to the key cases in the subject and highlighting the importance of case law
Written by a leading academic within the criminal law field, this text provides an authoritative account of the key issues in criminal law today
Each chapter includes a summary, further reading, and self-test questions, enabling students to check their understanding of each topic and providing a platform for further study
An accompanying Online Resource Centre provides hints on answering the self-test questions posed in the textbook
The coloured text facilitates navigation through the book and highlights the numerous case summaries
 

New to this edition
 
Fully revised in light of the Fraud Act 2006
Accompanying Online Resource Centre provides authoritative criminal law articles by Nicola Padfield to enhance their further study. The hints on answering the self-test questions at the end of each chapter, allows students to check their progress
The Core Text Series provides students with reliable, concise, value-for-money coverage of key legal disciplines. Each title in the series seeks to strip its subject to the core - identifying the fundamental principles which underlie it and concentrating on the most important topics - while continuing to point out the intellectual challenges and difficulties within it. The result is a range of texts which take you straight to the heart of their subject matter by providing a succinct and reliable account of the current law. Written by leading academic authors, titles in the series are invaluable guides for students of law at all levels.
 
Now in its sixth edition, this popular text offers a stimulating account of the key topics in criminal law illustrated through numerous case summaries. It also includes an exposition of recent academic commentary and Governmental Reforms including, homicide, muder and aiding and abetting. The coloured text design enables easy navigation throughout the text highlighting the summaries of key cases.
 
Online Resource Centre
 
Students are able to consolidate their own learning through the chapter summaries, further reading and self-test question sections of the book, which are now supplemented with an accompanying Online Resource Centre which provides hints on how to answer the questions posed in the textbook. The Online Resource Centre also includes a range of published articles by the author, providing easily accessible further reading for students.
 

The Author
Nicola Padfield, Barrister; Senior Lecturer in Law, and Fellow of Fitzwilliam College Cambridge
Reviewer Wanted

Would you be interested in reviewing this book? (The Book Above) If you are interested in providing a review in about 500/800 words within 3 months or sooner then please contact us by e-mail at robjerrard@aol.com providing a small CV and your interest/or expertise in this particular book/subject. We do ask reviewers to agree to review within Approximately 3 months and to assist with costs, pay the postage, books not reviewed should be returned. We are looking for a positive commitment.

"Internet Law Book Reviews" aims to provide reviews of a high standard. For an indication of what is required please see this website. "Internet Law book Reviews" which currently attracts up to 1,200 visitors per day. We welcome all categories of reviewers. We reserve the right to edit reviews. Reviews submitted are for publication on this website.


Leadership Skills in Policing
Series: Blackstone's Practical Policing Series
Edition: 1st
Format: Paperback
Author: Colin Rogers
ISBN: 13: 978-0-19-953951-2
Publishers: Oxford University Press
Price: £24.99 (paper)
Publication Date: 14 August 2008
 
Publisher's Title Information

 
The only UK-focussed text aimed at all uniformed officers on leadership in policing from the bottom up
Offers advice on leading teams, motivating others, dealing with disputes, problem-solving, and participating in meetings
Outlines the theory and concepts of good leadership and applies them to police management structures
All explanations supported by exercises, flow charts, useful websites and suggested further reading
Includes practical examples based on real-life operational scenarios
Includes a discussion of the ethics of leadership in policing
Offers an appreciation of the intelligence led approach, involving co-ordination between internal and external police partners and the importance of leadership within this
This practical guide to developing leadership skills in policing examines the qualities that make up a good leader, providing a variety of examples of good leadership approaches in various policing contexts. Police organisations are increasingly recognising the role of leadership at every level of the police hierarchy; with police officers involving themselves with partnership work, attending and facilitating public meetings and heading neighbourhood policing teams, as well as their more traditional police work.
 
This book aims to enhance leadership skills in policing and ensure officers carry out their duties as effectively as possible. It outlines the theory and concepts of leadership and applies them to police management structures, offering advice on a wide range of issues. These issues include leading teams, motivating others, dealing with disputes, problem-solving, participating in meetings and ethical leadership. All explanations are supported by exercises, examples of both good and bad leadership approaches, flow charts, useful websites and suggested further reading. The first practical guide to tackle leadership aimed at uniformed officers, this title is an essential purchase for anyone within the police service who has responsibility for leading at the front line of the police service.
 
The book forms part of the Blackstone's Practical Policing Series. The series, aimed at junior to middle ranking officers, consists of practical guides containing clear and detailed explanations of the relevant legislation and practice, accompanied by case studies, illustrative diagrams and useful checklists.
 

The Author
 
Colin Rogers, Senior Lecturer in Police Sciences at the School of Applied Sciences, University of Glamorgan
Reviewer Wanted

Would you be interested in reviewing this book? (The Book Above) If you are interested in providing a review in about 500/800 words within 3 months or sooner then please contact us by e-mail at robjerrard@aol.com providing a small CV and your interest/or expertise in this particular book/subject. We do ask reviewers to agree to review within Approximately 3 months and to assist with costs, pay the postage, books not reviewed should be returned. We are looking for a positive commitment.

"Internet Law Book Reviews" aims to provide reviews of a high standard. For an indication of what is required please see this website. "Internet Law book Reviews" which currently attracts up to 1,200 visitors per day. We welcome all categories of reviewers. We reserve the right to edit reviews. Reviews submitted are for publication on this website.


Investigative Interviewing - The Conversation Management Approach
Edition: 1st
Format: Paperback
Author: Eric Shepherd
ISBN: 978-0-19-921409-9
Publishers: Oxford University Press
Price: : £29.95 (paper)
Publication Date: 20 December 2007
 
Publisher's Title Information

 
Unique practical text providing 'how to' guidance on what to do prior to, during, and following investigative interviews, explaining the Conversation Management and PEACE approach
Provides police officers with a comprehensive tool-kit to help them skilfully assess and monitor the interviewee, analyse fine-grain detail in statements and operate ethically
Includes a variety of practical features including checklists, best practice guidance and handy dialogue boxes
Highlights key issues to consider when interviewing child and vulnerable witnesses
Ideal practical accompaniment to the courses that police officers attend as part of their interview training including tiers 1-5, Vulnerable Witness Interviewing and PIP
This unique text provides police officers with practical guidance on what to do prior to, during, and following investigative interviews of all kinds of witnesses, from vulnerable adults and children to suspects. It explains the psychological underpinning of the Conversation Management technique which lies at the heart of the PEACE interviewing model.
 
It offers a comprehensive tool-kit to help officers skilfully assess and monitor the interviewee and to capture the fine-grain detail of what is said, or indeed not said, in an interview. It advises officers on how to operate ethically and to maximum effect at each phase of interviewing.
This highly accessible text contains a variety of useful features including checklists, best practice and handy dialogue boxes, providing 'how to' guidance on interviewing vulnerable and non-vulnerable witnesses, child witnesses, and suspects. It is intended to complement the courses that police officers attend as part of their interview training including tiers 1-5, Vulnerable Witness Interviewing and PIP.
 

Reviews
'This is familiar work to any trained Tier Two/Three advanced interviewers for Suspect or Vulnerable adult and child witnesses. Eric Shepherd has taught Police and Legal advisers/ Solicitors the content of his book for level 1 and 2 Degree studies in crime and policing and deals sufficiently in law to appeal to law students. It has a wider application in the private sector, for example for HR directorates and staff. I am familiar with the author and his teaching and previous publications and though I have from time to time challenged its application in the work place (and still do) I do not challenge its academic worth. ' - Roy Murphy, Former Police investigative Adviser
 
'An invaluable guide to both the learner and the teacher in understanding the complexities of investigative interviewing. With much police training moving away from traditional delivery and towards an academic style, university staff in particularly those involved in inputs regarding the psychology of interviewing, will need to have a thorough theoretical knowledge of the PEACE interviewing model in order to contextualise the potential behaviours displayed. Eric Shepherd has created a very readable book which allows the reader to dip in and out as needed. The practical nature of the style of writing and the focus on application does not detract from the opportunity it affords both a teacher and a learner to draw deep learning around this key policing skill. ' - Ashley Tiffen, Senior Lecturer in Policing at St Martins College, Carlisle

The Author
 
Eric Shepherd, Consultant Forensic Psychologist, Forensic Solutions


Edition: 3rd 2007
Format: Paperback
Author: Jonathan Herring
ISBN: 978-0-19-923432-5
Publishers: Oxford University Press
Price: £33.99 (Paperback)
Publication Date: March 2008
 
Publisher's Title Information

 
The two-part structure to each chapter, first setting out the law and then describing the theoretical context, provides flexibility of use and enables students to explore the theoretical debates surrounding criminal law.
Offering a wide variety of critical perspectives from leading commentators, this stimulating text encourages readers to actively engage with the subject and gain a more holistic understanding of criminal law in context.
Features a user-friendly lay-out which clearly highlights definitions, questions and further reading for ease of navigation and understanding.
The two-colour text design enables students to easily distinguish cases and extracts from author commentary.
Exam tips and summaries are integrated within the text to help focus on key problem areas and enable students to prepare thoroughly for assessment.
 

New to this edition
 
Fully updated to include coverage of the latest Acts and cases, including the Fraud Act 2006
Increased cross-referencing between the law and theory sections of each chapter
Fully and carefully reviewed to ensure accuracy
The book is complemented by an Online Resource Centre providing updates and useful web links, multiple choice questions and guidance on answering questions in the book, and video footage of the author talking about the book and his approach to criminal law
The third edition of Criminal Law: Text, Cases and Materials offers an exceptional depth of analysis whilst providing a wealth of cases and materials set within the theoretical context of criminal law.
 
The effective two-part structure of each chapter in the book - the first part explaining the law as it is, the second examining the theoretical aspects - ensures that readers not only gain a secure understanding of the law itself but also acquire a fundamental appreciation of the complex philosophical and ethical debates surrounding it. Important theoretical material is made accessible to students through a particularly engaging writing style, and the author's clarity of expression brings the subject to life and places the law in context.
 
This text is an essential and complete resource for all those wanting to get to grips with the always fascinating and sometimes challenging area of criminal law today.
 
Online Resource Centre
 
This book is accompanied by an Online Resource Centre, offering detailed updates to the law following publication, useful weblinks, and guidance on answering questions in the book. For this edition, the Online Resource Centre also provides video footage of the author talking about the book and his approach to criminal law.
 
Contents

1. Introduction to Criminal Law
2. Actus Reus: the Conduct Element
3. Mens Rea: the Mental Element
4. Strict Liability
5. Homicide
6. Non-fatal Non-sexual Offences Against the Person
7. Sexual Offences
8. Theft, Handling stolen goods, and Robbery
9. Deception
10. Burglary and Blackmail
11. Criminal Damage
12. Defences
13. The Criminal Liability of Corporations
14. Inchoate Offences
15. Complicity
 

The Author
 
Jonathan Herring, Fellow in Law, Exeter College, Oxford
 

Review(s) from previous edition:
 
'Review from previous edition [Herring] deals with some of the notoriously difficult topics in a lucid and coherent fashion.' - The Times Higher Education Supplement, May 2005
'An undoubted strength of the book is the degree of integration between the text and the cases and materials.' - The Times Higher Education Supplement, May 2005
 
'Jonathan Herring's Criminal Law is an excellent attempt to provide something that fulfils a number of requirements... his book offers a text, his explanation and a discussion of the standard topics that arise in almost every undergraduate criminal law syllabus.' - The Times Higher Education Supplement, May 2005
Reviewer Wanted

Would you be interested in reviewing this book? (The Book Above) If you are interested in providing a review in about 500/800 words within 3 months or sooner then please contact us by e-mail at robjerrard@aol.com providing a small CV and your interest/or expertise in this particular book/subject. We do ask reviewers to agree to review within Approximately 3 months and to assist with costs, pay the postage, books not reviewed should be returned. We are looking for a positive commitment.

"Internet Law Book Reviews" aims to provide reviews of a high standard. For an indication of what is required please see this website. "Internet Law book Reviews" which currently attracts up to 1,200 visitors per day. We welcome all categories of reviewers. We reserve the right to edit reviews. Reviews submitted are for publication on this website.


Criminal law, Text, Cases and Materials
Edition: 1st
Format: Paperback
Author: Janet Loveless
ISBN: 978-0-19-922828 7
Publishers: Oxford University Press
Price: £28.99
Publication Date: June 2008
 
Publisher's Title Information
 

Offers a complete guide to the LLB/CPE criminal law syllabus with extracts from key cases, academic materials and explanatory text integrated into a very clear narrative
A range of pedagogic features, including concise summaries, diagrams, examples and thinking points are included to facilitate and reinforce understanding
Every chapter offers introductory and concluding bullet-point reviews, and a final section challenging students to apply what they have learned with examination-style questions (with guidance on answering these questions on the accompanying Online Resource Centre)
Extracts are included from each of the key cases that it's essential students get to grips with. Every extract is placed fully in context, and framed carefully in explanatory text that fully explains its meaning and significance
Students are referred to the social and moral context of the law, wherever relevant, to encourage them to engage with the topical subject matter
An Online Resource Centre provides a host of additional materials for both lecturer and student; a test bank of multiple choice questions that can be downloaded to a Virtual Learning Environment, along with guidance on answering all the questions posed throughout the text, regular updates to the law, and web links
Complete Criminal Law: Text, Cases, & Materials offers a student-centered approach to the criminal law syllabus. Clear and concise explanation of general legal principles is combined with fully integrated extracts from the leading cases and a wide range of academic materials. The extracts have been carefully selected to ensure that they are detailed enough to illustrate the point of law under consideration, but succinct enough not to disrupt the flow of the text or to intimidate the student new to the study of criminal law.
 
The book has been carefully structured with the needs of the student firmly in mind. Each chapter begins with basic principles, and gradually covers all the core topics a student needs to know. Unique to this textbook is the extent to which the law is placed firmly in its social context. This will reinforce understanding by relating essential aspects of the law to vital social and moral problems.
 
Throughout the text a range of learning features are employed to consolidate understanding and encourage application: thinking points containing reflective and short answer questions, definition boxes, summary points, diagrams, and problem/essay questions (with guidance on answering all questions on the accompanying Online Resource Centre). Advice on examination technique is provided and the student is directed toward further reading.
 
This innovative text aims to engage the reader in an active approach to learning and to stimulate reflection about the role of criminal law in society.
 

Contents
1. Introduction: general principles
2. Actus reus
3. Mens rea
4. Strict and corporate liability
5. Secondary participation
6. Homicide 1: Murder
7. Homicide II: Voluntary and involuntary manslaughter
8. Defences I: Incapacity and mental conditions
9. Defences II: General defences
10. Non-fatal offences against the person
11. Sexual offences
12. Property offences I: Theft, robbery, handling stolen goods
13. Property offences II: Fraud, making off without payment
14. Property offences III: Burglary, aggravated burglary, blackmail, and criminal damage
15. Inchoate offences
 

Providing the new law student with an essential introductory resource, Complete Criminal Law: Text, Cases, and Materials combines clear explanatory text and practical learning features with extracts from a wide range of primary materials.
 
The inclusion of substantial extracts from the key cases (including Kennedy [2007], Rafferty [2007], Heard [2007], Bree [2007] and B,R v DPP [2007]) provides immediate access to these primary sources, and makes this book a truly comprehensive resource. Each chapter begins with basic principles, and gradually covers all the key topics students need to grasp.
 
The black-letter law is related to vital social and moral problems, to engage the reader, reinforce their understanding, and stimulate reflection about the role of criminal law in society
Contains a wealth of learning features such as summaries, questions, definitions, diagrams and problem/essay questions. Advice on examination technique is provided and the reader is directed toward further reading.
 

Preface
 
I wanted to write a book about criminal law that would be useful to any undergraduate student, one about which I could confidently say, 'I'm on your side, and this is written for you.' I wanted it to de-mystify not obscure, to explain rather than assume, to entertain and to amuse wherever possible. Above all, I aimed to convey that criminal law lives and breathes, changes and transforms and, although sometimes complex as any law will inevitably be, there is a simplicity behind the complexity. I did not merely want to provide a black-letter account of the law undistinguished from the many other such books available, excellent though they are. I wanted to write one that did wider justice to the subject and to the student. Therefore, a long book, but one which revealed the richness of relevant academic commentary and, most significantly, which also located the law to the world in which we live. I hope I have achieved my aim, but only time will tell.
 
To write a new book is a daunting challenge and there were many moments when the light almost disappeared from the end of the tunnel. Therefore, I thank my editor, Tom Young, for his constant encouragement, advice and patience. My thanks also to the production team and marketing staff at OUP. I sincerely hope the book lives up to all your expectations. I should like to thank my colleagues, Caroline Derry and Caron Barter, at London Metropolitan University for their keen interest and support. My gratitude goes to my husband Mike, who helped by his unfailing reassurance, and to my extraordinary and much-loved children, Sam and Ben, who helped by being themselves. My appreciation also goes to my parents and Paul, Elaine, Josephine and Oliver for their constant encouragement.
 
Clearly, the law is not static and the book therefore makes no more than a passing reference to several recent developments which were too late for the more detailed explanation they deserve, especially the Serious Crime Act 2007 (relevant to secondary participation/ incitement) and the Law Commission Consultation Paper on Conspiracy and Attempts (Law Com CP No 183, 2007). Otherwise, the law is, I hope, correct as at December 2007.
 
A final word regarding those who inspired me to write this book and to whom it is additionally dedicated: to the thousands of law students I have been privileged to teach and the many I have yet to meet - you have taught me more than I could ever teach you. Go out and make a difference to the world!
 

Janet Loveless
 
NB: Please note that where the male 'he' and 'him' is used in the text, this should also be taken to refer to the female 'she' or 'her'. However, in Chapter 11: Sexual Offences, the defendent can only be male in the offence of rape and although the victim can be either male or female, the author has chosen to refer to the victims as female. Defendents in all other offences, both sexual and non-sexual, can be either male or female.
 

The Author
 
Janet Loveless is a Senior Lecturer at the Department of Law, Governance and International Relations, London Metropolitan University, and a member of the LLM Board of London University Examiners. She was formerly a director of the Legal Practice Course and a partner of a London legal aid firm.
 

Reviews to-date
 
'Well written and well researched... the author strikes a good balance between technical detail and clear explanation throughout.' Dr. David Keane, Lecturer in Law, Brunel University
 
'Comprehensive and comprehensible... a good selection of relevant materials and useful commentary.' Christine Vallely, formerly Senior Lecturer in Law, University of Wolverhampton
Reviewer Wanted

Would you be interested in reviewing this book? (The Book Above) If you are interested in providing a review in about 500/800 words within 3 months or sooner then please contact us by e-mail at robjerrard@aol.com providing a small CV and your interest/or expertise in this particular book/subject. We do ask reviewers to agree to review within Approximately 3 months and to assist with costs, pay the postage, books not reviewed should be returned. We are looking for a positive commitment.

"Internet Law Book Reviews" aims to provide reviews of a high standard. For an indication of what is required please see this website. "Internet Law book Reviews" which currently attracts up to 1,200 visitors per day. We welcome all categories of reviewers. We reserve the right to edit reviews. Reviews submitted are for publication on this website.


Blackstone's Police Q&A: Road Policing 2009
Edition: Seventh Edition
Format: Paperback
Author: Huw Smart & John Watson
ISBN: 978-0-19-954770-8
Publishers: Oxford University Press
Price: £12.50
Publication Date: 21st August 2008
 
Publisher's Title Information

 
Essential practice material for all police sitting the Part 1 promotion examinations
Published annually with the Blackstone's Road Policing Police Manual - completely up to date with the police promotion examination syllabus
Fully revised and updated to include all changes to the relevant legislation, including amendments to the Road Safety Act 2006 and questions on areas such as causing death by careless driving and use of mobile telephones and control of a vehicle
Designed to be used alongside the Blackstone's Police Manuals 2009 and has references to the relevant paragraph number in the related Manual
Provides full explanations of answers and a handy question checklist so that students can highlight any gaps or weaknesses in their knowledge
Written by experienced and highly successful question writers
Systematic arrangement of information and materials offers exceptional clarity
Common-sense indexing and essential cross-referencing.
 

New to this edition
 
Increased number of questions allowing for optimum revision opportunities
Designed to mirror the best-selling Blackstone's Police Manuals, this series is written by experienced question writers. Each Q&A book contains hundreds of multiple-choice questions designed to reinforce knowledge and understanding of all four Police Manuals, and to highlight any gaps or weaknesses in that knowledge. Following subjects in the same sequence as the Manuals and drawing upon the relevant text, the Blackstone's Police Q&As 2009 are essential revision tools for all police officers sitting the Sergeant's Part 1 promotion examinations.
 
The 2009 editions of this popular series contain substantial updates reflecting changes to the 2009 versions of the Blackstone's Police Manuals. Each book is fully cross-referenced to the relevant Manual and contains a question checklist to mark the answers. This new edition on Road Policing has been revised and updated to include new questions in line with changes to recent legislation, including amendments to the Road Safety Act 2006 and the revised Construction and Use rules.

The Authors
 
Huw Smart, Chief Inspector, South Wales Police and
John Watson, Serving police officer and qualified police trainer
Reviewer Wanted

Would you be interested in reviewing this book? (The Book Above) If you are interested in providing a review in about 500/800 words within 3 months or sooner then please contact us by e-mail at robjerrard@aol.com providing a small CV and your interest/or expertise in this particular book/subject. We do ask reviewers to agree to review within Approximately 3 months and to assist with costs, pay the postage, books not reviewed should be returned. We are looking for a positive commitment.

"Internet Law Book Reviews" aims to provide reviews of a high standard. For an indication of what is required please see this website. "Internet Law book Reviews" which currently attracts up to 1,200 visitors per day. We welcome all categories of reviewers. We reserve the right to edit reviews. Reviews submitted are for publication on this website.


Blackstone's Police Q&A: Evidence and Procedure 2009
Edition: Seventh Edition
Format: Paperback
Author: Huw Smart & John Watson
ISBN: 978-0-19-954769-2
Publishers: Oxford University Press
Price: £12.50 (paper)
Publication Date: 21 August 2008
 

Publisher's Title Information
 
Essential practice material for all police sitting the Part 1 promotion examinations
Published annually with the Blackstone's Evidence & Procedure Police Manual - completely up to date with the police promotion examination syllabus
Fully revised and updated for 2009 to include all changes to the relevant legislation including the Police & Justice Act 2006 and amendments to the PACE Codes of Practice 2008
Designed to be used alongside the Blackstone's Police Manuals 2009 with references to the relevant paragraph number in the related Manual
Provides full explanations of answers and a handy question checklist for students to highlight any gaps or weaknesses in their knowledge
Written by experienced and highly successful question writers
Systematic arrangement of information and materials offers exceptional clarity
Common-sense indexing and essential cross-referencing.


New to this edition
 
Increased number of questions allowing for optimum revision opportunities
Designed to mirror the best-selling Blackstone's Police Manuals, this series is written by experienced question writers. Each Q&A book contains hundreds of multiple-choice questions designed to reinforce knowledge and understanding of all four Police Manuals, and to highlight any gaps or weaknesses in that knowledge. Following subjects in the same sequence as the Manuals and drawing upon the relevant text, the Blackstone's Police Q&As 2009 are essential revision tools for all police officers sitting the Sergeant's Part 1 promotion examinations.
 
The 2009 editions of this popular series contain substantial updates, reflecting changes to the 2009 versions of the Blackstone's Police Manuals. Each book is fully cross-referenced to the relevant Manual and a question checklist to mark the answers. This new edition on Evidence and Procedure has been revised and updated to include new questions in line with changes to recent legislation including the Police & Justice Act 2006 and revised PACE Codes of Practice 2008.
 

The Authors
 
Huw Smart, Chief Inspector, South Wales Police and
John Watson, Serving police officer and qualified police trainer


 
Blackstone's Police Q & A Crime 2009
Edition: Seventh Edition 2009
Format: Paperback
Authors: Huw Smart and John Watson
ISBN: 978-0-19-954767-8
Publishers: Oxford University Press
Price: £12.50
Publication Date: 21st August 2008
 
Publisher's Title Information

 
Essential practice material for all police sitting the Part 1 promotion examinations
Published annually with the Blackstone's Crime Police Manual - completely up to date with the police promotion examination syllabus
Fully revised and updated for 2009 to include questions on the Corporate Manslaughter & Corporate Homicide Act 2007, the Fraud Act 2006 and changes to the Sexual Offences Act 2003
Designed to be used alongside the Blackstone's Police Manuals 2009 with references to the relevant paragraph number in the related Manual
Provides full explanations of answers and a handy question checklist for students to highlight any gaps or weaknesses in their knowledge
Written by experienced and highly successful question writers
Systematic arrangement of information and materials offers exceptional clarity
Common-sense indexing and essential cross-referencing
 

New to this Edition
Increased number of questions allowing for optimum revision opportunities
Designed to mirror the best-selling Blackstone's Police Manuals, this series is written by experienced question writers. Each Q&A book contains hundreds of multiple-choice questions designed to reinforce knowledge and understanding of all four Police Manuals, and to highlight any gaps or weaknesses in that knowledge. Following subjects in the same sequence as the Manuals and drawing upon the relevant text, the Blackstone's Police Q&As 2009 are essential revision tools for all police officers sitting the Sergeant's Part 1 promotion examinations.
 
The 2009 editions of this popular series contain substantial updates, reflecting changes to the 2009 versions of the Blackstone's Police Manuals. Each book is fully cross-referenced to the relevant Manual and contains a question checklist to mark the answers. This new edition on Crime has been revised and updated to include new questions on important areas such as the Fraud Act 2006, the Corporate Manslaughter & Corporate Homicide Act 2007 and changes to the Sexual Offences Act 2003.
 
Other titles in the series are: Evidence and Procedure Q&A 2009, Road Policing Q&A 2009, and General Police Duties Q&A 2009.

New questions for 2009 on:
The Fraud Act 2006
The Corporate Manslaughter and Corporate Homicide Act 2007
Misuse of Drugs
Child protection and related legislation
The other three titles in this series are: Evidence & Procedure 2009, Road Policing 2009 and General Police Duties 2009.
 

The Authors
 
Huw Smart is a serving Chief Inspector in South Wales Police with over 25 years police service and is a qualified police trainer and assessor. He has several years' experience in writing multiple-choice questions, is a part-time lecturer at Glamorgan University, South Wales and is the author of Blackstone's Custody Officers' Manual.
 
John Watson is a serving police officer with over 25 years police service and is a qualified police trainer and assessor. He has several years' experience in writing multiple-choice questions that have been successfully used for in-force training.


Blackstone's Police Q&A: General Police Duties 2009
Edition: Seventh
Format: Paperback
Authors: Huw Smart & John Watson
ISBN: 978-0-19-954768-5
Publishers: Oxford University Press
Price: £12.50 (Paperback)
Publication Date: 21 August 2008
 
Publisher's Title Information

 
Essential practice material for all police sitting the Part 1 promotion examinations
Published annually with the Blackstone's General Police Duties Police Manual - completely up to date with the police promotion examination syllabus
Fully updated and revised for 2009 to include all changes to the relevant legislation, such as amendments to the Police and Justice Act 2006, the Violent Crime Reduction Act 2006, licensing, the new police regulations and powers for PCSOs
Designed to be used alongside the Blackstone's Police Manuals 2009 with references to the relevant paragraph number in the related Manual
Provides full explanations of answers and a handy question checklist so that students can highlight any gaps or weaknesses in their knowledge
Written by experienced and highly successful question writers
Systematic arrangement of information and materials offers exceptional clarity
Common-sense indexing and essential cross-referencing
 

New to this Edition
 
Increased number of questions allowing for optimum revision opportunities
Designed to mirror the best-selling Blackstone's Police Manuals, this series is written by experienced question writers. Each Q&A book contains hundreds of multiple-choice questions designed to reinforce knowledge and understanding of all four Police Manuals, and to highlight any gaps or weaknesses in that knowledge. Following subjects in the same sequence as the Manuals and drawing upon the relevant text, the Blackstone's Police Q&As 2009 are essential revision tools for all police officers sitting the Sergeant's Part 1 promotion examinations.
 
The 2009 editions of this popular series contain substantial updates, reflecting changes to the 2009 versions of the Blackstone's Police Manuals. Each book is fully cross-referenced to the relevant Manual and contains a question checklist to mark the answers. This new edition on General Police Duties has been revised and updated to include new questions in line with changes to recent legislation including the Violent Crime Reduction Act 2006 and the Domestic Violence, Crime and Victims Act 2004. There will also be new questions on licensing, the new police regulations and powers for PCSOs.

Contents
 
1. Police
2. Extending the Policing Family
3. Human Rights
4. Policing Powers
5. Harassment, Hostility and Anti-Social Behaviour
6. Public Disorder and Terrorism
7. Firearms and Gun Crime
8. Weapons
9. Civil Disputes
10. Offences Relating to Land and Premises
11. Licensing and Offences Relating to Alcohol
12. Offences and Powers Relating to Information
13. Diversity, Discrimination, and Equality
Question Checklist
 

The Authors
 
Huw Smart, Chief Inspector, South Wales Police and
John Watson, Serving police officer and qualified police trainer


Card, Cross & Jones Criminal Law
Edition: 18th
Format: Paperback
Author: Richard Card
ISBN: 978-0 19-923163 8
Publishers: Oxford University Press
Price: £26.99
Publication Date:
 
Publisher's Title Information

Card, Cross & Jones Criminal Law is widely acknowledged as one of the best introductory texts on the substantive criminal law of England and Wales. This popular title combines breadth of coverage with readability and sets out the principal points of criminal law in a systematic and thorough way. It is ideal for use on undergraduate degree modules, graduate diplomas in law and similar courses.
New to this edition:
Full coverage of the Fraud Act 2006 and the Corporate Manslaughter and Corporate Homicide Act 2007
Full coverage of the Serious Crime Act 2007, Part 2, relating to encouraging and assisting crime
Overviews at the start of each chapter help readers to navigate the book with ease.
Key points boxes throughout highlight summaries, distinctions and concepts that aid students' understanding.
The structure of the book has been carefully refocused to map more closely undergraduate and graduate diploma in law syllabi.
The eighteenth edition covers all the other latest legislative developments, including the relevant provisions of the Road Safety Act 2006. It incorporates recent case law including Abdullah, Bree, Dhaliwal, Hamilton, Heard, Jones, Kennedy (No 21, Rahman, Rogers and Saik. Law Commission reports on Murder, Manslaughter and Infanticide and Inchoate Liability for Assisting and Encouraging Crime are also dealt with.
An Online Resource Centre containing extensive twice-yearly updates to the text, and web links, accompanies this book.

Contents
Chapter 1 Introduction
Chapter 2 Criminal liability 1: actus reus
Chapter .3 Criminal liability 2: mens rea
Chapter 4 Proof
Chapter 5 Mistake and related matters
Chapter 6 Strict liability
Chapter 7 Non-fatal offences against the person
Chapter 8 Homicide and related offences
Chapter 9 Sexual offences
Chapter 10 Theft and related offences
Chapter 11 Other offences under the Theft Act 1968
Chapter 12 Fraud and related offences
Chapter 13 Offences of damage to property
Chapter 14. Inchoate offences
Chapter 15 Mental condition defences
Chapter 16 Other general defences
Chapter 17 Participation
Chapter 18 Vicarious liability and corporate liability.

Preface

Since the publication of the last edition of this book in 2006, Parliament has continued to be active in the sphere of the criminal law. Thirteen new Acts of Parliament, including the Fraud Act 2006, the Road Safety Act 2006 and the Serious Crime Act 2007, have had an influence on the text of this edition. The House of Lords and other courts have also been active in the area of criminal law. Among the many decisions which have been incorporated are those of the House of Lords in Kennedy (No 2), Rogers, and Saik and of the Court of Appeal in B, Bree, Dhaliwal, G, Hamilton, Heard, Jones (Ian Anthony) and Rahman.
 
It follows from all this new legislation and case law that there are considerable changes in the text. Recent proposals for law reform emanating from the Law Commission are also included.
The steady increase in the volume of the criminal law has made it difficult to keep the text to a manageable size without descending to superficiality, especially as new legislation adds relevant offences. As a result, unlike its predecessors, this edition does not contain a number of offences relating to matters such as public order and firearms, which are not found in the normal curriculum for undergraduate degrees or graduate diplomas in law.
 
I wish to thank all those who have assisted me in various ways. In particular, I would like to thank my wife, Rachel, for her assistance with the manuscript, and the publishers for compiling tables of cases and statutes and the index. For such imperfections that remain, I am solely responsible.
 
I have tried to summarise and explain the law as it was reported on 31 December 2007. Things never stand still in the criminal law and in the months since the text was submitted to the publisher's production process there have been a number of significant developments which will be dealt with on the website to this book.
 
For example, the House of Lords heard the appeal against the Court of Appeal's decision in G, referred to in Chapters 6 and 9, in March 2008 and its decision is expected imminently. On the day of writing this Preface, the Criminal Justice and Immigration Act 2008 received Royal Assent. When the relevant provisions of that Act are in force the common law offences of blasphemy and blasphemous libel (Chapter 6) will be abolished, and there will be amendments to the provisions of the Sexual Offences Act 2003 relating to the offence of meeting a child following sexual grooming etc, the familial sexual offences and the offences of sex with an adult relative and to the rules relating to jurisdiction over paedophile offences committed outside the UK (Chapter 9). The Act also contains provisions designed to give statutory effect to case law relating to the use of reasonable force in self-defence, defence of another, prevention of crime or making an arrest (Chapter 16) and to the effect of a mistaken belief as to the need to act in self-defence or the like which is due to voluntary intoxication (Chapter 15).
 
The exposition of the law is not assisted by the regrettable time lapse that often occurs between enactment of a new offence and its implementation. In terms of the contents of
the present edition, the provisions of the Road Safety Act 2006 relating to new offences of causing death by careless or inconsiderate driving and causing death while unlicensed, disqualified or uninsured, described in Chapter 8, whose implementation was expected in April 2008, have not yet been brought into force. Nor have the provisions of the Serious Crime Act 2007, Pt 2, relating to the offences of encouraging or assisting crime, described in Chapter 14, which will replace the common law offence of incitement. Until its abolition, the common law offence of incitement will be described in the website to this book.
 
Richard Card May 2008

The Author
 
Richard Card is Emeritus Professor of Law at De Montfort University, Leicester. He has written widely in a number of areas of law, particularly criminal law.

Reviewer Wanted

Would you be interested in reviewing this book? (The Book Above) If you are interested in providing a review in about 500/800 words within 3 months or sooner then please contact us by e-mail at robjerrard@aol.com providing a small CV and your interest/or expertise in this particular book/subject. We do ask reviewers to agree to review within approx 3 months and to assist with costs, pay the postage, books not reviewed should be returned. We are looking for a positive commitment.

"Internet Law Book Reviews" aims to provide reviews of a high standard. For an indication of what is required please see this website. "Internet Law book Reviews" which currently attracts up to 1,200 visitors per day. We welcome all categories of reviewers. We reserve the right to edit reviews. Reviews submitted are for publication on this website.


Smith and Hogan Criminal Law
Edition: 12th 2008
Format: Paperback
Author: David Ormerod
ISBN: 978-0-19-920258-4
Publishers: Oxford University Press
Price: £32.99
Publication Date: 24th July 2008
 
Publisher's Title Information

 
Regarded as the 'bible' of the subject, this first-class textbook continues to offer a highly authoritative account of criminal law, and is frequently cited in court
Offers the widest range of factual analysis of case law, statutes and governmental materials of any criminal law textbook
Detailed exposition of the general principles of criminal law helps students understand this complex subject
Discussion of the important academic literature is interwoven into each chapter helping to give a rounded understanding of the subject
 
New to this edition
 
A new chapter on the Fraud Act 2006
Coverage of the Corporate Manslaughter and Corporate Homicide Act 2007
Coverage of the new Road Safety Act 2006
Coverage of the new Serious Crime Bill on incitement
New case law including: Jones in the House of Lords on construction of offences; Rimmington in the House of Lords on common law offences; Kennedy No 2 in the House of Lords on causation and drug supply; G on strict liability in sex offences; Rahman on joint enterprise; Heard on intoxication; Rashford and Hatton on self defence; Saik and Suchedina on conspiracy; Holley and Karimi on provocation; R v D (R v Dhaliwhal) and Carey on unlawful act manslaughter; Hendy-Freeguard on kidnap; Bree and B on consent and sexual offences; Abdullhai and G on child sex offences
Law Commission Papers on Homicide, and on Assisting and Encouraging
Smith & Hogan: Criminal Law is regarded as the leading doctrinal textbook on criminal law in England and Wales and has been for over 40 years. The book owes its consistent popularity to its accessible style, depth of analysis and breadth of coverage. It is an invaluable study aid for undergraduates and an essential reference source for criminal law practitioners.
 
The twelfth edition has been completely updated in order to include all legislative and case law developments. The chapter on fraud has been rewritten to take into account the Fraud Act 2006. Other key changes include incorporation of the Corporate Manslaughter and Homicide Act 2007, and recent Law Commission report findings.
 
Web Updates
The book is accompanied by free on-line annual case updates, organized by chapter.

PART I. General Principles
1. Crime and sentence
2. The definition of a crime
3. The classification of offences
4. The elements of a crime: actus reus
5. The elements of a crime: mens rea
6. Crimes of negligence
7. Crimes of strict liability
8. Parties to crime
9. Assistance after the offence
10. Vicarious liability and liability of associations
11. General defences
12. Mental condition offences
13. Incitement, conspiracy and attempt
PART II. Particular Crimes
14. Murder
15. Manslaughter
16. Offences related to homicide
17. Non-fatal offences against the person
18. Sexual offences
19. Theft
20. Robbery
21. Temporary Deprivation
22. Making off without Payment
23. Fraud Act 2006
24. Other fraud offences
25. Blackmail and related offences
26. Burglary and related offences
27. Handling and related offences
28. Forgery
29. Offences of damages to property
30. Computer misuse offences
31. Criminal libels and related offences
32. Offences against public order
33. Road traffic offences
Bibliography
Index
 
The Author
 

David Ormerod, Professor of Criminal Justice, Queen Mary University of London, Barrister of the Middle Temple and Door Tenant at 18 Red Lion Court
 

Review(s) from previous edition:
 
'This is an intrinsic resource for any lawyer or practitioner involved in the criminal justice system. It should not be limited to students of law. Before this book published it would have been difficult to have predicted Smith and Hogan Criminal Law could have got any better. It has.' - Covert Policing Review 2005
 
'It would be difficult to imagine how many lawyers practicing today have relied, at one time or another, upon Smith & Hogan at the very start of their legal careers over the past 30 years...Smith & Hogan promises to provide many more generations of criminal law students with a solid and dependable background for their studies.' - The Legal Executive Journal
 
'Professor David Ormerod is regarded as the quintessential practitioner's academic for his pragmatism and ability to diffuse his intellectual arguments into sound practical principles.' - Covert Policing Review
 
Its aim is simple: to be the leading criminal law text. It achieves that aim with considerable ease. [This book] follows in the excellent tradition of its predecessors. It rightfully maintains its position as the leading criminal law text. It is an excellent addition to any student's or practitioner's library and is a superb text to work from. Student Law Journal
 
Judges and practitioners have to find the right answer quickly. The key qualities they need in a reference book are practicality and accessibility combined with intellectual rigour and academic scholarship. Smith and Hogan has all of them. HHJ John Phillips
 
Professor David Ormerod consolidated his reputation as one of the leading criminal law scholars in Britain with the enormously successful publication of a new edition of Smith and Hogan Criminal Law. Professor ATH Smith, Pro Vice Chancellor and Dean, Faculty of Law, Victoria University of Wellington
 
David Ormerod has achieved the impossible by making a classic textbook even better. It remains by far the best practical explanation of the substantive criminal law but there
is now more analysis and more references to the academic literature, making it indispensable to students, academics and legal practitioners. Tim Owen QC, Matrix Chambers, Gray's Inn, London
 
Under Professor Ormerod's editorship Smith and Hogan has gone from strength to strength, and the 12th edition has an unrivalled claim to be the first work to which the courts should turn in search of a clear and authoritative explanation of the law. Professor Jeremy Horder, University of Oxford, Criminal Law Commissioner for England and Wales
 
The reputation of this excellent work for scholarship and clarity is in safe hands. Professor Ormerod elucidates the criminal law for judges, practitioners and undergraduates alike.
The Hon Mr Justice Pitchford
 
I provided my undergraduate law students with references to three established texts... the vast majority told me that Smith and Hogan Criminal Law was their preferred text. ...The book is renowned as the authority on criminal law for practitioners and students alike, and rightly retains this status through continuing to provide a solid basis in criminal law for the new student and a reliable and easily navigated reference base for the post grad or seasoned practitioner. Ruth Armstrong, PhD student and part time tutor, University of Cambridge
 
Before this book was published it would have been difficult to have predicted Smith and Hogan Criminal Law could have got any better. It has. Simon McKay, Solicitor Advocate, McKay Solicitors, Leeds


Law A Very Short Introduction
Edition: 1st
Format: Paperback
Author: Raymond Wacks
ISBN: 978 0199214969
Publishers: Oxford University Press
Price: £6.99
Publication Date: 27 March 2008
Publisher's Title Information

 
Introduces the essentials of law and legal systems in a lively, accessible, and stimulating manner
Includes jargon-free explanations of legal terms and concepts, and court procedures and judgements
 
Explains the workings of the legal system, and how it unifies a vast framework as widespread as the punishment of crime, the enforcement of contracts, and the protection of personal freedoms
Explores not only the state of law today, but looks at its history, and also its future, as globalization and rapid advances in technology place increasing strain on our current legal system
 
Looks beyond domestic law to examine how international law is used to settle disputes between states, punish malevolent dictators, and create a better world
Part of the best-selling Very Short Introductions series; over 2 million copies sold
Law underlies our society - it protects our rights, imposes duties on each of us, and establishes a framework for the conduct of almost every social, political, and economic activity. The punishment of crime, compensation of the injured, and the enforcement of contracts are merely some of the tasks of a modern legal system. It also strives to achieve justice, promote freedom, and protect our security.
 
The result is a system that, while it touches all of our daily lives, is properly understood by only a few, with its impenetrable jargon, obsolete procedures, and interminable stream of Byzantine statutes and judgments of the courts.
 
This clear, jargon-free Very Short Introduction aims to redress that balance, as it introduces the essentials of law and legal systems in a lively, accessible, and stimulating manner. Explaining the main concepts, terms, and processes of the legal system, it focuses on the Western tradition (the common law and the civil law), but also includes discussions of other legal systems, such as customary law and Islamic law. And it looks to the future too, as globalization and rapid advances in technology place increasing strain on our current legal system.
 

Contents
 
Preface
1. Law's roots
2. Law's branches
3. Law and morality
4. Courts
5. Lawyers
6. The future of the law
Legal sources: A very short explanation
References, Cases Discussed, and Further Reading
Index

 
Raymond Wacks, Emeritus Professor of Law and Legal Theory, University of Hong Kong


Murphy on Evidence
Edition: 10th
Format: Paperback
Author: Peter Murphy
ISBN: 978 0199216284
Publishers: Oxford University Press
Price: £29.99
Publication Date: 20th Sept 2007
Publisher's Title Information

 
Contents
 
Preface
Table of cases
Table of statutes
Table of rules
1. Introduction to the law of evidence
2. The language of the law of evidence
3. The judicial function in the law of evidence
4. The burden and standard of proof
5. Character evidence I: character evidence generally; in civil cases; evidence of good character
6. Character evidence II: evidence of bad character
7. The rule against hearsay I: scope and working of the rule
8. The rule against hearsay II: common law and statutory exceptions
9. The rule against hearsay III: admissions and confessions
10. The rule against hearsay IV: the accused's denials and silence
11. Opinion evidence
12. Previous judgements as evidence
13. Public interest immunity and privilege I: public interest immunity
14. Public interest immunity and privilege II: privilege
15. Witnesses; competence and compellability; oaths and affirmations
16. Examination in chief
17. Cross-examination and beyond
18. Corroboration and suspect witness warnings
19. Documentary and real evidence
20. Proof without evidence; formal admissions; judicial notice; presumptions
21. The Queen v Coke; The Queen v Littleton; Blackstone v Coke
Index
 

The Author
 
HHJ Peter Murphy, Circuit Judge on the South Eastern Circuit


Reviewer Wanted

Would you be interested in reviewing this book? (The Book Above) If you are interested in providing a review in about 500/800 words within 3 months or sooner then please contact us by e-mail at robjerrard@aol.com providing a small CV and your interest/or expertise in this particular book/subject. We do ask reviewers to agree to review within approx 3 months and to assist with costs, pay the postage, books not reviewed should be returned. We are looking for a positive commitment.

"Internet Law Book Reviews" aims to provide reviews of a high standard. For an indication of what is required please see this website. "Internet Law book Reviews" which currently attracts up to 1,200 visitors per day. We welcome all categories of reviewers. We reserve the right to edit reviews.



Blackstone's Guide to the Proceeds of Crime Act 2002
Series: Blackstone's Guide Series
Third Edition
Edward Rees QC, Richard Fisher, and Paul Bogan
Price: £39.95 (Paperback)
ISBN-13: 978-0-19-953538-5
Publication date: 27 March 2008
Publisher's Title Information

This book is completely up to date in light of the Serious Organised Crime and Police Act 2005, amendments to the Criminal Procedure Rules 2005, and the Fraud Act 2006
Contains practical end of chapter guides to court procedure, to enhance usability and ease of reference
the Criminal Procedure Rules 2005, and the Fraud Act 2006
Contains a full, updated text of the Act, as well as other essential materials

The Blackstone's Guide Series delivers concise and accessible books covering the latest legislative changes and amendments. Published soon after an 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 third edition of this Blackstone's Guide provides a clear and up to date overview of the Proceeds of Crime Act 2002 (POCA). The text has been scrupulously updated to include all recent developments - notably; the Serious Crime Act 2007; the Fraud Act 2006; the Serious Organised Crime and Police Act 2005 (SOCPA); and ongoing amendments to the Criminal Procedure Rules 2005. The Guide includes the full, updated text of POCA 2002, plus other essential materials. Included are the Criminal Procedure Rules, parts 56 to 62 and 72 and the Money Laundering Regulations 2007 (SI 2007 No 2157).

The text provides a clear overview of the complex Proceeds of Crime Act 2002 (POCA), and updated legislation - making it an ideal introduction to those new to these areas.

Contents
1. Introduction
2. The Assets Recovery Agency & The Serious Organised Crime Agency
3. Criminal Confiscation
4. Investigations into Criminal Proceeds
5. Restraint Proceedings and Management Receivership
6. Money Laundering
7. Civil Recovery of the Proceeds of Unlawful Conduct
8. Cash Seizure
9. Revenue Functions
Appendix 1- The Proceeds of Crime Act 2002 (as amended)
Appendix 2 - Criminal Procedure Rules 2005 (Parts 56-62 and 72)
Appendix 3 - The Money Laundering Regulations 2007
Appendix 4 - Practice Direction - Civil Recovery Proceedings

The Authors
Edward Rees QC, Barrister, Doughty Street Chambers,
Richard Fisher, Barrister, Doughty Street Chambers, and
Paul Bogan, Barrister, Doughty Street Chambers


Cross and Tapper on Evidence

Eleventh Edition

Colin Tapper

Price: £34.99 (paperback)

ISBN-13: 978-0-19-929200-4

Publication date: 12 July 2007

Publisher’s Title Information


The most detailed and authoritative text available, this peerless book is regularly cited by the courts

Covers both domestic and overseas materials, providing an international perspective on the law of evidence

Features extensive referencing, allowing the student to follow up on points of interest

New to this edition

Revision of all parts of the book relating to bad character evidence following the enactment of the Criminal Justice Act 2003

All parts of the book have been updated to reflect the increased importance of the Human Rights Act and the European Convention on Human Rights

Improved structure of the chapter on opinion evidence

Revised chapter relating to privilege in light of recent decisions of the House of Lords

For the first time this book is accompanied by an Online Resource Centre, containing annotated web links and twice-yearly updates - thus ensuring that the text remains current and reliable between editions

The eleventh edition of the renowned Cross and Tapper on Evidence provides detailed coverage of a fast moving and important subject. It carefully considers the full implications of the Criminal Justice Act 2003, with a particular focus on the interpretation, by the courts, of the radical changes to the law relating to the admissibility of evidence of the bad character of the accused, and of hearsay. The ways in which the jurisprudence of the European Court of Human Rights continues to penetrate English law are also fully evaluated. On the civil side, this new edition reflects on recent decisions in the area of private privilege, especially in relation to legal professional privilege. In addition, it considers and evaluates the principal changes proposed by various law reform bodies and lobbying groups.

This focused and detailed book retains its wide coverage of overseas materials from the principal common law jurisdictions. This comparative material provides an excellent basis for the critical analysis and appraisal of English law. Cross and Tapper on Evidence remains the most all-embracing text on the law of evidence available, and will be of great use to students and practitioners alike.

Readership: Undergraduate and postgraduate students studying the law of evidence. This book is also of use to practitioners.


Author

Colin Tapper, Emeritus Professor of Law, Oxford University


Reviews Review(s) from previous edition:

'This edition guides us through the complexities of the subject providing historical context, lucid explanation as well as commentary, comparing and contrasting civil and criminal systems, with close attention paid to developments in other jurisdictions.' - New Law Journal


Extract From The Preface To The First Edition

In the preface to the first edition of his Law of Evidence, the late S L Phipson said that he had endeavoured to supply students and practitioners with a work which would take a middle place between 'the admirable but extremely condensed Digest [of the Law of Evidence] of Sir James Stephen, and that great repository of evidentiary law, Taylor on Evidence'. Those words were written as long ago as 1892, and Phipson's book now has claims to be regarded as the great English repository of evidentiary law. I realise therefore that I am flying high when I say I hope to have supplied students and practitioners with a work which will take a middle place between those of Stephen and Phipson. The needs of students and practitioners are not, of course, identical; but I have catered for the students by including many more cases in the footnotes than any student could con­ceivably wish to consult. Nearly all the decisions that are really important from the stu­dent's point of view are mentioned in the text. Though I have primarily borne in mind the requirements of those who are working for a law degree, I trust that the book may not prove too long for those working for the professional examinations. The long book may often be tedious, but it is sometimes more digestible than the shorter one.

I have adopted the growing practice of citing a number of decisions of the courts of the Commonwealth. My citations are not intended to be exhaustive. I have, in the main, chosen Commonwealth decisions in which English cases have been discussed or which provide a neat illustration of what is pretty clearly English law.

I have laid myself open to the charge of having quoted at too great length from English judges and American writers. My answer is that I have endeavored to meet the undoubted need for an up-to-date account of the theory of the subject—a need that is made plain by the fact that, in nine cases out of ten, any advocate can say whether evi­dence is admissible or inadmissible, but he is frequently at a loss to explain why this should be so. It is impossible to give a satisfactory account of the theory of our law of evidence without frequent reference to the ipsissima verba of the judges and the work of such great American exponents of the subject as Thayer, Wigmore, Morgan and Maguire.

Rupert Cross, 1958


From the Preface To 11th Edition

This is the first edition of this work to be published under the colophon of Oxford University Press, although the work was in the process of transition from its previous publishers when the last edition was being produced. Books of this type, like human beings, derive their nature partly from their ancestors, and partly from their current environment. This edition is no exception. It has retained its objectives and general form from its predecessors, but has acquired a fresh presentation from its current publishers.

The previous edition appeared too soon after the enactment of the Criminal Justice Act 2003, with its radical changes to the law of evidence in criminal cases, for it to have been possible to do more than speculate about its impact. This edition has been able to consider the reception it has so far received from the courts, although the processes of absorption and adaptation continue. Detailed consideration by the House of Lords and the European Court of Human Rights has yet to occur. One of the innovations induced by the change of publishers was the advent before the publication of this edition of more systematic appraisal of the previous edition, and another will be regular post-publication supplementation in the form of electronic updating. It was partly as a result of such appraisal that the decision was taken to abstain from the interpolation of a chapter pulling together all of the effects of closer domestic involvement with the legal systems of continental Europe, in this area often expressed through the medium of the European Convention on Human Rights. Although opinion was somewhat divided, most took the view that those effects were so diverse, and so intimately connected with different aspects of domestic law, that it was preferable to retain an essentially topical, rather than jurisdictional, approach. Increased emphasis has nevertheless been placed on such impact where it has been most significant, for example in relation to reverse burdens of proof in the light of the presumption of innocence as expressed in Art 6 of the Convention.

The law of evidence in civil proceedings is still working through the effects of the changes induced by the Rules of Civil Procedure in 1997. Expert opinion evidence, and the law relating to private privilege, and especially legal professional privilege in the light of the litigious saga surrounding the demise of the Bank of Credit and Commerce International, perhaps attracted most attention in relation to such proceedings.

Partly because of the magnitude of the task of accommodating the passage of the Criminal Justice Act 2003 at such short notice, the previous edition was further behind in taking into account the law of other jurisdictions, and because of a misunderstand­ing at the time of publication, no final proofreading of that edition ever took place. It has been possible in this edition to attempt to remedy those defects. It must, however, be stressed once again that this edition attempts to state only English law (as at 1 January 2007), and any reference to the law of any other jurisdiction, including Scotland, is for illustration and comparison only; no attempt has been made to state such law definitively.

Collin Tapper


Reviewer Wanted

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"Internet Law Book Reviews" aims to provide reviews of a high standard. For an indication of what is required please see this website. "Internet Law book Reviews" which currently attracts up to 1,200 visitors per day. We welcome all categories of reviewers. We reserve the right to edit reviews.



Police Reform - Forces for Change

Edition: 1st

Format: Paperback

Author: Stephen P Savage

ISBN: 978-0-19-921863-9

Publishers: Oxford University Press

Price: £19.99

Publication Date: 8th Nov 2007

Publisher's Title Information


Looks at the topical subject of police reform against its historical backdrop and debates the future of this process

Covers three decades of changes to policing and is structured thematically around the main driving forces for reform

Key topics discussed include - system failure, public order policing, international influences, economic issues, the performance culture, internal influences, and political agendas.

Asks controversial questions such as "To what extent has policing enjoyed a privileged status and resisted change in the face of wider public sector reform?"

Addresses a complex and ever-shifting subject in an engaging and accessible manner

This book focuses on the very topical subject of police reform in the UK. Currently, the police service is undergoing a time of significant change and reform as a result of the 'modernisation' agenda. Planned force re-structuring, the performance culture, recruitment and training issues are just a few elements of this extensive reform process. There is therefore a need for a text, which looks at this current agenda for reform against its historical backdrop and debates the long-term future of this process. The book spans three decades and is structured thematically around the main driving forces for reform, looking at the policy process and its related contexts. Key topics covered include system failure (when things go wrong), public order policing, international influences, economic issues and value for money, internal influences and political issues. The book addresses a complex and ever-shifting subject in an accessible manner.


Contents

Introduction

1. When Things Go Wrong: 'System Failure' and Police Reform

2. Import Duties: Police Reform and Influences from Abroad

3. Policing as a Performing Art? - 'Value for Money and Police Reform'

4. Forces From Within: Internal Drivers on Police Reform

5. The Politics of Policing and the Politics of Police Reform: Too Hot to handle or Too Hot to Leave Alone?

Conclusion

1. Introduction - Police Reform on the Agenda

2. When Things Go Wrong: 'System Failure' and Police Reform

3. Imports and Exports: International Influences and Police Reform

4. The Three 'E's: Economy, Efficiency and Effectiveness as Forces for Change in Policing

5. Forces From Within: Internal Influences on Police Reform

6. Too Hot to Handle?: The Politics of Policing and Police Reform

7. Conclusion: What Future for Police Reform


The Author

Stephen P Savage, Professor of Criminology and Director of the Institute of Criminal Justice Studies, University of Portsmouth.


Foreword Peter Neyroud

Police reform has become a constant of modern policing. After decades of relative stability, the police in England and Wales -'the last unreconstructed' public service-have been through more than ten years and several overlapping phases of change. There have been very few books that have attempted to view the whole period from the election of Margaret Thatcher to the present as a continuous period of change.

For those of us whose careers map onto that same period, the author has chosen wisely. The era of Sir Edmund Davies' proposals to settle pay and conditions for policing in 1978 felt like a cliff edge to those of us who entered the service at that point. The 1970s had seen poor pay and a bleeding of experience and morale, with low numbers and little investment. Suddenly, from 1979-1981, the service had an enormous influx of new officers, with accompanying public and political expectations. Yet, the 1980s, for all their promise, saw the police embroiled in the miners' strike with a lasting impact on their public support and ended with a Royal Commission as a result of the sins of the past. The Police Service responded with a far-sighted 'quality of service' initiative built on review jointly run by all three staff associations. However, as Professor Savage shows, this brief self-improvement era was superseded by wave after wave of government-led reform. Policing, as he suggests, had become too politically important to be left to the police or their local governance. The story is still rolling. April 2007 saw the creation of the National Policing Improvement Agency, designed to put the leadership of policing improvement back with the profession.

I have been waiting for this book for some time and I have been waiting for Professor Savage to write it. He is uniquely well qualified to do so, having researched key aspects of each phase of the reform programme-public consultation in the 1980s, quasi-markets in the 1990s, and the Association of Chief Police Officers most recently. He has also, at Portsmouth University, created one of the key institutions that have taught police officers and other criminal justice professionals to understand what is happening to them and equip them to shape it. I know that this book is a product not just of the author's own learning but also of the interaction with so many of us-myself included-who have been challenged by him over the years.

Peter Neyroud


Reviewer Wanted

Would you be interested in reviewing this book? (The Book Above) If you are interested in providing a review in about 500/800 words within 3 months or sooner then please contact us by e-mail at robjerrard@aol.com providing a small CV and your interest/or expertise in this particular book/subject. We do ask reviewers to agree to review within approx 3 months and to assist with costs, pay the postage, books not reviewed should be returned. We are looking for a positive commitment.

"Internet Law Book Reviews" aims to provide reviews of a high standard. For an indication of what is required please see this website. "Internet Law book Reviews" which currently attracts up to 1,200 visitors per day. We welcome all categories of reviewers. We reserve the right to edit reviews.



Smith's Law of Theft

Edition: 9th 2007

Format: Paperback

Authors: David Ormerod & David Huw Williams

ISBN: 978 0199299898

Publishers: Oxford University Press

Price: £39.95

Publication Date: 18th Oct 2007

Publisher's Title Information


Description

Smith's Law of Theft has long been established as the standard work on the subject and is frequently cited in the Court of Appeal. Now in its ninth edition, the book provides a detailed and critical account of the law of theft and related dishonesty offences. It contains the full, amended text of relevant legislation (notably, the Theft Acts 1968, 1978, and 1996) together with a detailed analysis of the provisions of the statutes and the extensive case law, which has grown up around them.

This ninth edition has been updated to take full account of the Fraud Act 2006. The new Act replaces numerous deception offences with new fraud offences, which has prompted substantial restructuring and rewriting of the book's chapters. Other significant developments which the new edition provides extensive coverage on, include;
Hinks in the House of Lords on theft and gifts; jurisdictional issues arising from Smith ; and new procedural issues arising from the fraud protocol and the imminent introduction of judge only trials.
A whole new chapter on conspiracy to defraud is included in the new edition, and the full text of the Fraud Act and the fraud protocol are included in the appendices.


Details

Table of Contents

1. Introduction

The Theft Acts

The Fraud Act 2006

Conclusion

2. Stealing under the Theft Act

Actus Reus of Theft

The Mens Rea of Theft

3. The Fraud Act 2006

Introduction

Common Elements of the Fraud Offence

Section 2: Fraud by False Representation

Section 3: Fraud by Failing to Disclose Information

Section 4: Fraud by Abuse of Position

Section 11: Obtaining Services Dishonestly

Other Fraud Act Provisions

4. Other Offences Involving Fraud

False Accounting

False Statements by Company Directors, etc

Suppression, etc, of Documents

5. Conspiracy to Defraud

Conspiracy to Defraud Defined

6. Making off without Payment

7. Robbery

8. Burglary and Related Offences

Burglary

Burglary in Respect of a Dwelling

Aggravated Burglary

Trespass with Intent to Commit a Sexual Offence

9. Going Equipped and Possession of Articles to Commit Fraud

Going Equipped

Possession of Articles for Fraud

Making or Supplying Articles for use in Frauds

10. Offences of Temporary Deprivation of Property

Removal of Articles for Places Open to the Public

Taking a Motor Vehicle or Other Conveyance Without Authority

Taking a Conveyance

Driving or Allowing Oneself to be Carried by a 'Taken' Conveyance

Aggravated Vehicle-taking

11. Abstracting Electricity and Related Offences

Abstracting Electricity

Dishonest Telephone Use

12. Blackmail

13. Handling Stolen Goods and Related Offences

Handling Stolen Goods

Dishonestly Retaining a Wrongful Credit

Advertising Rewards for Return of Goods Stolen or Lost

Money Laundering

Charging Money Laundering or Handling?

14. Procedure and Enforcement

Case Management

Search for Stolen Goods

Restitution

Deprivation

Husband and Wife

Privilege

Appendices

Appendix 1 - Theft Act 1968

Appendix 2 - Theft Act 1978

Appendix 3 - Theft (Amendment) Act 1996

Appendix 4 - Fraud Act 2006

Appendix 5 - Criminal Law Act 1977 ss 1 and 5

Appendix 6 - Proceeds of Crime Act 2002 ss 327-40

Appendix 7 - Fraud Protocol: Control and Management of Heavy Fraud and Other Complex Criminal Cases

Appendix 8 - Guidance on the Use of the Common Law Offence of Conspiracy to Defraud

Appendix 9 - Criminal Procedure


Endorsements

''No one who prepares a case for trial on theft should do so without reading this book'.' - Clare Montgomery QC, Matrix Chambers

''A much-needed and comprehensive update of this leading work. In particular, the chapters on the Fraud Act 2006 offer a valuable analysis of that important new legislation'.' - Rt Hon Lord Justice Hooper


The Authors

David Ormerod, Professor of Criminal Justice, Queen Mary's College, University of London and

David Williams, Barrister, 18 Red Lion Court, London


Review
I cannot remember the exact year that I first owned a copy of Smith's Law of Theft, however it is an indication of the growth of law when you find the latest edition is twice the size and weight of any edition I have previously owned.
 
Smith's has long been established as an authoritative work on the subject and is frequently cited in courts and will continue to be so. It has been ten years since the last edition, which in terms of Theft is a long time, there are many new cases being considered as well as the Fraud Act 2006.
 
New sections have been added such as sentencing, jurisdiction, case management and matters on fraud protocol, other procedural issues and key material including relevant legislation. The fraud protocol and extracts from the criminal procedure rules are appended, which will account for the increased size.
 
The full amended statutes viz, Theft Act 1968, Theft Act 1978, Criminal Law Act 1977, Theft Act (Amendment) Act 1996, Proceeds of Crime Act 2002 and Fraud Act 2006 are included which will help students and practitioners. The Theft Act has been amended many times over the years. It is vital that students do not consult old copies of the statutes. As an example, should you consider the Theft Act, 1968 in an old copy you will find rape discussed in connection with burglary and coming more up to date the Fraud Act 2006 brings many changes.
 
As one would expect from a book of this standard there is a very erudite discussion on Gomez [1993] AC 442 HL and Hinks [2001] 2 AC 241.
 
It is interesting to reflect on the first paragraph of the Criminal Law Revision Committee's Eighth report 'Theft and Related Offences'
 
'To consider, with a view to providing a simpler and more effective system of law, what alterations in the criminal law are desirable with reference to larceny and kindred offences and to such other acts involving fraud or dishonesty as, in the opinion of the committee, could conveniently be dealt with in legislation giving effect to the committee's recommendations on the law of larceny.'
 
Once again the legislators hope to provide a simpler and more effective law of deception, well we will see.
 
This book is very welcome and I am sure it will be replacing older versions all over the country.
 
Rob Jerrard


Senior Investigating Officers' Handbook

Edition: 1st

Author: Tony Cook & Andy Tattersall

ISBN: 978-0-19-923140-9

Publishers: Oxford University Press

Price: £29.95 (flexicover)

Publication Date: 20 March 2008

Publisher’s Title Information


The only portable step-by-step guide in this area, containing practical examples.

Condenses relevant and important information including ACPO guidance, core doctrines, legislation and procedures into a single volume.

Includes checklists, tips and instructions for quick and easy reference at critical times during an investigation.

Experienced authors with over 50 years' policing experience between them.

This title is a unique one-stop guide to all the processes and actions involved in conducting major investigations. In a clear and understandable fashion, it explains all the processes, procedures and instructions integral to the role of SIO. A portable and accessible point of reference, the Handbook encompasses all the vital elements for mounting successful investigations: it condenses ACPO guidance, core doctrines, legislation, and procedures into one volume along with practical advice, cases and checklists for each stage of the investigation. Case studies are supplemented with explanations and important procedures and processes interwoven with examples to provide context to the procedures outlined. References to additional sources of information and guidance are provided throughout.
The Handbook takes the reader through all the stages relevant to the role of an SIO including: initial response; crime scene assessment; evidence gathering; dealing with suspects; and liasing with the media. It also provides guidance on handling non-homicide major enquiries such as missing persons and infant deaths.

This title is aimed at anyone who conducts, reviews or has a professional interest in major crime investigations, particularly homicide. It will also be of interest to those who perform call-out duties or are expected to take command and control of such incidents, making vital early decisions. It is a must have reference tool for any SIO (or prospective SIO) whether they be at beginner, intermediate or advanced level.

The Readership is likely to be SIOs, Deputy SIOs, Assistant SIOs, DCIs and DIs involved in investigating serious crime in the UK, as well as police/CID trainers and the Serious and Organised Crime Agency. There is a secondary market among other law enforcement agencies, criminal lawyers, the Health and Safety Executive, the Criminal Cases Review Commission, and police studies students.


Review

The authors of this book have between then a vast wealth of experience in investigating major crimes, and both have led a large number of high profile investigations. Tony Cook is a Detective Superintendent in the Greater Manchester Police, and Andy Tattersall has recently retired from the same force with the same rank.
 
The forward to this book is by Dr. Peter Stelfox, Head of Investigative Practice at the National Policing Improvement Agency, and I can do no more to describe this publication than to quote one paragraph of his forward.
 
“This book provides a valuable supplement to the official manuals that detail the techniques and processes of investigation but do not always provide practitioners with insight into how they are applied in individual cases. There is no such thing as an expert in homicide [or any other major crime] investigation, the subject is simply too large and varied for such a thing to exist. But knowing what approach Andy Tattersall and Tony Cook would take will be a good first step for anyone faced with such a challenge”.
 
This handbook has been designed to act as a quick and easy point of reference, supplementing knowledge and experience or filling memory gaps when most vitally needed. Necessary information has been summarised and produced in a manageable size and format so that it can be accessed easily and handily stored. It has even been produced with a wipe clean plastic cover.
 
The book is divided into thirteen chapters, however, given my particular field of expertise, I will only be reviewing the following:
 
Chapter 4 - Initial Response,
Chapter 5 - Crime Scene Examination, Forensic Issues and Searching, and Chapter 12 - Forensic Pathology.
Before concentrating on those chapters, I feel that I should comment on the excellent format and lay-out of this book.
 
The book starts with an extremely useful section entitled 'how to use this book', followed by a table of cases, a table of legislation, a glossary of terms, abbreviations and acronyms, followed by a really comprehensive and invaluable medical glossary and list of useful medical terminology.
 
Each chapter has many pertinent case studies included, as well as 'key points' and 'checklists' at applicable places throughout. The inclusion of these I found to be of great use and interest.
 
Chapter 4 - Initial Response
 
As the authors state “The key to any major crime investigation is the gathering and recording of accurate and detailed information and securing evidence”.
This chapter takes the reader through every phase of an initial response to what could or may be a major crime. As well as stating what the correct procedures and protocols should be, the authors never-the-less continually remind the reader that sometimes over-reliance on fixed routines can be detrimental to the essential principle of 'keeping on open mind'. Each case will always be unique in some way, and may require a new approach in one aspect or other.
Bearing in mind the above, this chapter then explains and elucidates every aspect of an initial response to a major crime or incident including:-
First response officers.
Determining what has occurred.
Initiative and intuition.
Teamwork.
Dealing with emergencies at the scene.
The 'Golden Hour' principle.
Initial actions - roles and responsibilities of others.
Preservation of life.
Supervisory actions and duties.
Health and safety.
The book lives up to its principals of being a handbook for quick and easy reference, but always includes almost every angle of each subject covered.
Other sections in this chapter include the many and varied aspects of dealing with victims, witnesses and suspects, the identification and arrest of suspects, and their transportation, (particularly with regard to forensic contamination). I was pleased to see the inclusion of a short section on dying declarations, a subject that, in my view, has been overlooked all too often in other similar publications.
 
Chapter 5 - Crime Scene Examination, Forensic Issues, and Searching
 
Included in the introduction to this chapter is the very informative fact that following a survey of senior investigating officers, it was found that the greatest solvability factor that contributed to the solution of a case was forensic material, (38%).
 
The introduction then goes on to mention some of the huge variety of objects from which forensic evidence can be obtained, and also reminds the reader that victims and suspects are also crime scenes and should be treated as such.
 
I was pleased to see the authors quite forcibly reiterate that for physical evidence to be used evidentially, the integrity of any exhibit needs to be proved beyond any doubt as to preservation, recovery, storage, and avoidance of interference or cross-contamination.
The following sections deal with the role of the senior investigation officer and the crime scene manager.
 
The role of the exhibits officer is then covered, and how this is a pivotal role in any investigation. As stated by the authors, the exhibits officer must be trained in all aspects of exhibit management, including packaging, storage, documentation, and must have an up-to-date knowledge of forensic techniques. The exhibits officer should also be a member of the management team, attending all briefings and establishing a close working relationship with the crime scene manager and crime scene examiners.
 
Here again, I was very pleased to see that the authors, once more in this section, state how vitally important exhibit handling and preservation of integrity is, to prevent contamination or cross-contamination throughout the entire exhibit handling process.
 
The various aspects of securing and processing a crime scene are then written about, and again the book gives the reader invaluable advice, case studies and checklists on this subject, and also on the security of cordons.
 
There then follow several interesting and useful sections on subjects that include displaced residents and vehicles, the legal issues surrounding entering and securing crime scenes, crime scene assessments, potential scene contaminators, crime scene documentation and logs, crime scene reconstructions and releasing a scene.
 
Other subjects covered in this section include, maps and plans, police search teams and premises searching. Each section, again, includes key points and checklists, all of which I found to be both pertinent and relevant.
 
The next section of this chapter includes extremely useful information on the use of outside experts, exhibit reviews, the forensic review process and the fast tracking of forensic submissions.
 
The last sections of this chapter impart essential information on the various types of forensic evidence. Included are:- blood and blood patterns, footwear, firearms and firearms discharge residue, fibres, bite marks, fire investigation, DNA and fingerprints.
 
I was pleased to see included in the section on fingerprints, a discussion by the authors on the various merits of DNA and fingerprints, where the examination of, and/or the retrieval of one, could, in certain circumstances, compromise the successful recovery of the other.
 
Finally, the section concerning firearms was concise and to the point, but covered every aspect of this subject including health and safety. It also included something that has in some past publications been omitted, and that is how important it is for the firearms officer who makes a weapon safe, to be wearing a protective suit as well as gloves to prevent contamination. Also quoted here is the importance of noting in detail the exact location of any cartridges still in the cylinder or magazine of the firearm.
 
Chapter 12 - Forensic Pathology for Senior Investigating Officers
 
The forensic and pathological examination of a body is a crucial part of any investigative process. This chapter clarifies the roles of the senior investigating officer, the pathologist and the coroner, and also provides practical guidance on the processes of body recovery, the post mortem examination and recovery of forensic evidence from the deceased.
 
Depending on the circumstances, the most important information that can be gained from a post mortem examination is of course, the cause and manner of death, and the approximate time it occurred.
 
This chapter takes the reader through all the various stages, from attendance, (or not), of a pathologist at the scene, the initial briefing of the pathologist, the information that may be requested, through to the release of the body at the conclusion of the case.
 
The intervening sections cover and explain a host of other interlinked subjects, all of which an investigating officer should have a working knowledge of. These include:- the examination of critical victims, the preservation of evidence rules, continuity and identification of the body, persons required to be present at an examination, the evidence-recovery strategy meeting and health and safety risk assessments.
 
The authors have included in this section some other very salient information, including: use of the national injuries database, the role of HM Coroner and inquests, and second post mortem examinations.
 
The chapter concludes with other legal notes and information, all of which an investigating officer may need to know. These include extracts from the Coroners Act 1988, the Human Tissues Act 2004, Human Rights legislation and useful information about organ donations.
 
In my view, this handbook will be an essential reference tool for any investigating officer. The book is easy to use, with all the relevant information easily accessible. Whether you conduct, review, or take a professional interest in major crime investigations, or whether you are studying for the national police promotion examinations, this title is an invaluable resource.
 
Andy Day, 2008.


EU Justice and Home Affairs Law

Edition: paperback

Author: Steve Peers

ISBN: 978 0199237036

Publishers: Oxford University Press

Price: £39.95

Publication Date: 13th Dec 2007

Publisher’s Title Information


The most comprehensive overview, analysis and critique of the Justice and Home Affairs Law of the European Union

Complete coverage of relevant human rights issues, and includes developments since Sept. 11th such as the definition of terrorism and the adoption of the European Arrest Warrant

Covers both the JHA institutional issues and the main substantive topics discussed and concluded in JHA negotiations

New to this edition

This edition has been completely revised and updated since the first edition published in 1999

This book examines in detail the body of EU law relating to Justice and Home Affairs. In turn, it looks at the decision-making and judicial rules which the EU applies in these areas, then examines the extensive EU law on visas and border controls, regulation of legal migration, control of illegal migration, criminal law definitions, criminal procedure, and policing and customs.
Throughout the book, there is a focus on the tension between the objectives of controlling migration and fighting crime on the one hand and human rights and civil liberties principles on the other. This theme is one of the particularly important developments in this area which arose after the attacks of September 11, 2001. This unique overview and critique of the EU law on Justice and Home Affairs is a one-stop source for information and analysis on a highly topical area of increasing concern in international politics, and one which is bound to have increasing impact as economic integration proceeds.


Contents

1. Introduction

2. The Institutional Framework

3. Visas and Border Controls

4. Legal Migration

5. Irregular Immigration

6. Asylum Law

7. Civil Cooperation

8. Substantive Criminal Law

9. Criminal Procedure

10. Policing and Security


The Author

Steve Peers, Professor of Law, University of Essex


Author's Preface to the Second Edition

This book is an overview, analysis, and critique of the justice and Home Affairs law of the European Union, examining both the institutional framework and the substantive law in each area (although the EU's substantive civil law legislation is not examined in depth).

Due to the extensive activity of the EU in this area since the first edition of this book (which was up to date as of August 1999), the size of this edition is over triple that of the first. Every chapter has been largely or entirely rewritten and restructured; several chapters have been merged or split; and I estimate that less than 5 per cent of the text of this edition remains unchanged from the first edition.

This expanded length has allowed also for an in-depth examination of the interaction between the EU's Justice and Home Affairs legislation and the relevant human rights law and 'normal' Community law. The balance between human rights and security objectives is inevitably a key theme of this book, given the further tension between these objectives which has developed at both national and international levels in the wake of the terrorist attacks of September 11, 2001.

Despite the expanded length of this edition, it cannot hope to examine fully every legal and policy issue that arises from the substantive EU measures and the EU institutional framework in this area, but I have attempted to indicate all of the key issues aid to examine a number of selected issues in more depth.

Although the EU's Constitutional Treaty presently appears unlikely ever to enter into force, it may prove to be a template for future Treaty amendments, and so I have discussed its content in a separate section near the end of each chapter. The prospect of a Decision 'transferring' the EU's third pillar (dealing with policing and criminal law) into the Community first pillar is also discussed (see 2.8).

Like the first edition, this book has been written largely from primary sources, but the bibliography and footnotes refer the reader to a number of secondary materials.


Reviewer Wanted

Would you be interested in reviewing this book? (The Book Above) If you are interested in providing a review in about 500/800 words within 3 months or sooner then please contact us by e-mail at robjerrard@aol.com providing a small CV and your interest/or expertise in this particular book/subject. We do ask reviewers to agree to review within approx 3 months and to assist with costs, pay the postage, books not reviewed should be returned. We are looking for a positive commitment.

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The Sexual Offences Referencer

A Practitioner's Guide to Indictments and Sentencing

Edition: 1st

Authors: Eleanor Laws & Patricia Lees

ISBN: 978-0-19-921348-1

Publishers: Oxford University Press

Price: £35.00 (Paperback)

Publication Date: 27 December 2007

Publisher’s Title Information


Unique guide incorporating all of the technical information needed by practitioners and judges working on sexual offences cases in a single source

Includes time-saving practical features such as model indictments and timelines

Contains the latest material from the Sentencing Guidelines Council

Portable and easily navigable

An easy to follow guide and referencer which contains all the technical information needed in sexual offences cases. The law in this area has expanded greatly in recent decades; 'historic' cases are currently tried under the law existing at the time the offence was committed (and if the abuse was lengthy, this will often straddle several pieces of legislation). Current editions of legal textbooks do not include the old laws that these historic cases fall under, so practitioners have to resort to a mix of old editions and new.

This book sets out the correct indictments and sentencing provisions for the different sexual offences dating back to 1943, to cover all cases which might be prosecuted. Anyone looking up a particular offence will find all the necessary technical information in one place. Each chapter sets out an offence (giving its historic and current description) and all that relates to it in terms of indictments and sentence, including current sentencing guidelines and relevant case law. The book also includes model indictments; the latest material from the Sentencing Guidelines Council; the Notification Requirements as they have been amended; and specified offences under the Criminal Justice Act 2003.


Contents

1. Rape

2. Indecent Assault and Sexual Assault

3. Offences Involving Children

4. Buggery and Offences of Indecency

5. Defilement, Procuration, Trafficking, and Prostitution

6. Offences Involving the Mentally Disordered

7. Incest and Familial Offences

8. Outraging Public Decency

9. Obscene Publications

10. Sentencing, Guideline Cases, A-G Referable Cases

Appendices

Appendix 1 - Special Measures

Appendix 2 - Notification Requirements

Appendix 3 - Publicity

Appendix 4 - Presumption and Determination of Age

Appendix 5 - Specified Offences (ss. 15 &16 CJA 2003)


The Authors

Patricia Lees, Barrister, 23 Essex Street Chambers and
Eleanor Laws, Barrister, 6 Pump Court.


Foreword

This excellent book is a welcome and timely addition to the literature covering sexual offences. Nowadays there is a much greater public awareness of the nature and effect of sexual assaults, combined with an increase in reporting sexual crimes. During the last decade or so the issue has steadily climbed the political agenda. It became increasingly apparent that the 1956 Sexual Offences Act (itself a consolidating Act) failed to reflect the morality and prevalent sexual practices of the present day. As a result the Government responded by enacting the Sexual Offences Act 2003, which came into force on 1 May 2004, creating over 50 offences in contrast to the French and German Criminal Codes which cover all sexual offences in less than ten offences. Inevitably, this has made the law in this area increasingly complex. For instance, sometimes the maximum sentences vary according to the factual ingredients proved. There are still some areas of sexual offending not covered in the Sexual Offences Act 2003 such as indecent photographs and some of the prostitution offences.

Whilst the new Act overhauled the legislation governing sexual offences redefining offences as well as introducing many new offences, and abolishing many of the earlier offences, the old offences still apply to offences committed before 1 May 2004. In any event, some of those old offences had been amended or the maximum sentences had been inci-ased over the years when there were incremental changes responding to particular political imperatives. The availability of ancillary orders to sentencers has also changed over the years.

For many years to come, the courts will have to deal with offences committed before the new Act came into force or defendants will face indictments which actually straddle the periods of the new and old offences. Now, thanks to the industry of Patricia Lees and Eleanor Laws, when dealing with a historic sex case, practitioners and judges will no longer have to locate old editions of textbooks in dusty cupboards to discover appropriate sentencing powers.

Quite apart from its coverage of the old law, it is very useful to have an up to date and comprehensive summary of sentencing powers in respect of the offences created by the Sexual Offences Act 2003. The authors are to be congratulated for their clear presentation of all this complex material. All those who work in this area will be grateful for its easy accessibility.

HH Judge Peter Rook QC Central Criminal Court, May 2007


Review

It was held in some quarters that the 1956 Sexual Offences Act (itself a consolidating Act) failed to reflect the morality and prevalent sexual practices of the present day.  The Forward tells us that as a result the Government enacted the Sexual Offences Act 2003, which came into force on 1 May 2004, creating many new offences. The old offences still apply to offences committed before 1 May 2004.  Some of those old offences had been amended or the maximum sentences had been increased over the years when there were incremental changes. For many years to come, the courts will have to deal with offences committed before the new Act came into force and some defendants will face indictments which actually straddle the periods of the new and old offences.

This Referencer deals primarily with indictable offences.  Summary offences are not defined, but may appear as alternatives.  This book takes a good approach, because as it points out most sexual offences have historic origins dating back to Victorian legislation and beyond.  However most but not all offences were the subject of amendments in 1956 when the Sexual Offences Act was enacted.  

Correctly we are told that most readers usually seek information on a specific offence for a particular period of time and to that end the book assists to find precise information easily and quickly.

If as an example let us consider an offence of indecent assault, the book gives us all we need to know and a valuable insight into the changes that occurred between 1861 and the present day.  Prior to 1956 the law did not differentiate between the gender of the person assaulted and any offence would have been contrary to Sec 52 Offences Against the Person Act 1861.  Since the offence was punishable by 2 years imprisonment on indictment, it was not at the time an arrestable offence.  We are given all the relevant points to prove before we move on to the 1956 Act, which introduced specific offences of indecent assaults on men and women, which also covered 'boy' and 'girl'.  

Sec 14 1956 covered indecent assault on a woman and since it was punishable with only two years on indictment unless the girl was under 13 years of age, it was at that time not an arrestable offence.  The sentence was later raised to 10 years in 1985, thus before this, Police Officers used other powers to detain such as a Breach of the Peace or perhaps local legislation such as the City of London Police Act 1839, which stated when in force.

'Section 48, Any person found committing (a) any offence punishable either upon indictment or as a misdemeanour upon summary conviction, by virtue of this Act,may be taken into custody without a warrant by any constable, or may be apprehended by the owner of the property on or with respect to which the offence shall be committed, or by his servant or any person authorized by him, and may be detained until he can be delivered into the custody of a constable to be dealt with according to law...'

This provision applied only where the offender was actually in the course of committing the offence and it was necessary to arrest him in order to prevent the continuance of it (Simmons v. Millingen, 2 C.B. 524).

(The Commissioner was advised at that time that this meant "punishable either upon indictment or as a misdemeanour upon summary conviction by virtue of this Act" is that a Constable may arrest a person he finds committing an "offence punishable upon in­dictment," whether by virtue of any statute or the Common Law

This of course is just an example.  Sec 18 of the City of London Police Act 1839 could also have been used and there was also a statute, viz Sec 11 Prevention of Offences Act 1851, which empowered 'any person' to arrest at night for indictable offences.  

'It shall be lawful for any person whatsoever to apprehend any person who shall be found committing any indictable offence in the night (9 pm to 6am) (Section 11, Prevention of Offences Act 1851',)

Sec 14 1956 was also listed in Schedule 1 to the Children & Young Persons Act 1933 (as amended).  This gave a power of arrest.

We then need to jump to paragraph 3.33.  Now we reach the present day and Sec 2 Sexual Offences Act 2003.  Sec 14 & 15 1956 were repealed and there is a shift from 'assault' to 'touching' and in some respects it narrows the scope of the offence.  

The new law is fully explained and of course unlike Police Officers of my era and before, powers of arrest these days are so much simpler, gone are the days of having to decide what powers you may or may not have based upon other legislation or time of day or night.

This review has just been a little journey through a few pages or perhaps a long journey from about 1861 or even further back if you consider the Common Law. This book will be essential to practitioners and Judges who still have to deal with offences committed before 1 May 2004, because the old law will still apply. This is a clear presentation of all the complex material and I am please to add a copy to my library.

Rob Jerrard



Blackstone’s Guide to the Mental Health Act 2007

Edition: 1st

Author: Paul Bowen

ISBN: 978 0199217113

Publishers: Oxford University Press

Price: £34.95

Publication Date: 10 Jan 2008

Publisher's Title Information


Accessible and clear layout makes this an ideal quick reference The appendices include the full text of the Mental Health Act 1983 and the Mental Capacity Act 2005 as amended by the 2007 Act, indicating both new and deleted text for at a glance comparison between current and new provisions. The remaining provisions of the Mental Health Act 2007 are also included. This practical guide contains a chapter by chapter analysis of the amendments in two parts: Part I, 'Reform of the Mental Health Act 1983 Act', and Part II 'The Mental Capacity Act 2005 and its amendments'

Clear guidance on related Human Rights Act issuesand the implications of the Bournewood decision

Expert chapter-by-chapter narrative follows the structure of the new Act, clearly explaining the scope and operation of the new mental health regime

The Blackstone's Guide Series delivers concise and accessible books covering the latest legislative changes and amendments. Published soon after enactment, 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 Mental Health Act 2007 introduces substantial amendments to the Mental Health Act 1983 and the Mental Capacity Act 2005, including the new Bournewood safeguards to bring domestic law into line with human rights law following HL v United Kingdom (2004). The 2007 Act is expected to come into force in October 2008.
This practical guide contains a chapter by chapter analysis of the amendments in two parts: Part I, 'Reform of the Mental Health Act 1983 Act', and Part II 'The Mental Capacity Act 2005 and its amendments'. Where appropriate the Human Rights Act implications of the changes are considered.
Part I contains a discussion of the background to the reform of the Mental Health Act 1983 with a detailed analysis of the changes made to it by the 2007 Act, in particular:
amendments to the criteria for guardianship and detention
additional safeguards for patients in relation to admission and detention
the new procedure for Supervised Community Treatment (SCT)
amendments to the provisions for medical treatment under Part 4 and new Part 4A of the 1983 Act for community patients on SCT
other amendments, including those which authorise new categories of professional to exercise powers under the 1983 Act
Part II gives an overview of the law governing substituted decision-making for incapacitated adults and children in personal welfare matters, both at common law and under the Mental Capacity Act 2005. It explains how the law will apply after the 2005 Act comes into force from 1 October 2007 and as it will be amended by the 2007 Act after October 2008. Chapters include
common law principles governing care and treatment of the incapacitated
care and treatment under the 2005 Act, including advance decisions, lasting powers of attorney, personal welfare decisions of the new Court of Protection and court-appointed deputies, and the appointment and role of Independent Mental Capacity Advocates (IMCAs)

detention for care and treatment: the Bournewood and HL v United Kingdom judgments and detention under the 2005 Act in its current form and as amended
the new 'standard' and 'urgent authorisation' detention procedure in Sch. A1
representation of Sch A1 detainees, including new s 39A-D IMCAs
the Court of Protection, the Public Guardian and Court of Protection Visitors
Sch 1A and the interface between the 1983 Act and the 2005 Act


Contents

Part 1: Reform of the Mental Health Act 1983

Introduction
Overview of the 1983 Act and its amendments
Amendments to the criteria for guardianship and detention
Additional safeguards for patients in relation to admission and detention
Supervised community treatment
Medical treatment for mental disorder under the 1983 Act
Other amendments to the Act
Part 2: The Mental Capacity Act 2005 and its amendments
Introduction and overview
Care and treatment at common law
Care and treatment without detention under the 2005 Act
Detention for care and treatment under the 2005 Act: the new legal framework
Standard and urgent authorisations
Representation of Sch. A1 detainees
The Court of Protection
Interface of the 2005 Act and the 1983 Act
Appendix 1 - The Mental Health Act 1983, as amended
Appendix 2 - The Mental Capacity Act 2005, as amended
Appendix 3 - Mental Health Act 2007
remaining provisions
Reviews


'"Those who use the book will benefit enormously from [the author's] detailed knowledge and illuminating analysis of an area of law which is as technically complex as it is socially important"' - The Honourable Mr Justice Munby


Reviewer Wanted

Would you be interested in reviewing this book? (The Book Above) If you are interested in providing a review in about 500/800 words within 3 months or sooner then please contact us by e-mail at robjerrard@aol.com providing a small CV and your interest/or expertise in this particular book/subject. We do ask reviewers to agree to review within approx 3 months and to assist with costs, pay the postage, books not reviewed should be returned. We are looking for a positive commitment.

"Internet Law Book Reviews" aims to provide academic reviews of a high standard. For an indication of what is required please see this website. "Internet Law book Reviews" which currently attracts up to 1,200 visitors per day. We welcome all categories of reviewers.



Blackstone's PCSO Handbook

Edition: Flexicover

Authors: Edited by Bryn Caless

ISBN: 978-0-19-929897-6

Publishers: Oxford University Press

Price: £19.99

Publication Date: 13th Dec 2007

Publisher's Title Information


The first handbook aimed directly at Police Community Support Officers (PCSOs).

Accessible and concise explanations of the PCSO's role and powers with explanations of the procedures they should follow.

Assumes no prior legal knowledge; the legal information is easy to understand and apply.

Pocket-sized and weatherproof, the book is designed to be carried by PCSOs on the beat.

Contains useful information in relation to issues such as diversity, human rights, evidence & procedure, general duties and health & safety.

Covers crime scene management, cautions, evidence gathering, attending court and pocket notebook protocol.

Useful case studies, best practice sections, checklists and flowcharts are integrated throughout to aid understanding.

Integrates the key National Occupational Standards relevant to PCSOs, so they can ensure they work towards these targets effectively.

This brand new publication provides the first guide to the role and functions of Police Community Support Officers (PCSOs).

PCSO's support regular police officers and work within a targeted patrol area to provide a visible and accessible uniformed presence. They work with partners and community organisations to address anti-social behaviour, the fear of crime, environmental issues and other factors which affect the quality of people's lives. They have limited powers and common tasks they perform are reporting vandalism or damaged street furniture, reporting suspicious activity, providing crime prevention advice, deterring juvenile nuisance and visiting victims of crime.

The role of the PCSO has been subject to a great deal of change in recent years.
Blackstone's PCSO Handbook consolidates all the relevant information and clearly explains the operational role of the PCSO and details the powers and procedures. Topics such as human rights, diversity, health and safety, evidence & procedure and general duties are all covered. PCSOs can use the book as a reference to find information on tasks such as crime scene management, cautions, evidence gathering, attending court and pocket notebook protocol. Throughout the book, case scenarios, flow charts, checklists and good practice sections are used to illustrate and clarify the information.

The key National Occupational Standards relevant to PCSOs are discussed and explained and so PCSOs can ensure that they achieve these targets effectively. The book also looks at the historical background of PCSOs and how the PCSO role fits with the rapidly changing face of policing.

This is a highly practical, portable and weatherproof handbook, ideal for PCSOs to carry on the beat and for PCSO trainers and other police officers.

Readership: Primary: PCSOs, prospective PCSOs, and all officers responsible for the training and development of PCSOs, including tutor constables and divisional managers.

Secondary: Police constables and other members of the core policing family who want to understand the powers of PCSOs.  Also the CPS, specials, neighbourhood wardens and students on Public Services foundation courses.

Contents

Foreword

Glossary of Terms Used in Policing

Introduction

1. Coming in

2. Joining up and Staying On

3. Knowledge and Skills

4. The National Occupational Standards and Behavioural Competences

5. Close Encounters

6. Community Focus

7. Standards and Futures

8. Tasks and Self-knowledge Tests

Bibliography

Index

Authors, editors, and contributors

Bryn Caless, Director, Kent Police College

David Morgan, Training Officer and PC, Dyfed Powys Police Force, Wales,

Robert Underwood, Lecturer, Dept of Crime and Policing Studies, Canterbury Christ Church University College,

Robin Bryant, Academic Director of Dept of Crime and Policing Studies, Canterbury Christ Church University College, and

Barry Spruce, PCSO Training Officer, Kent Police College


Reviewer Wanted

Would you be interested in reviewing this book? (The Book Above) If you are interested in providing a review in about 500/800 words within 3 months or sooner then please contact us by e-mail at robjerrard@aol.com providing a small CV and your interest/or expertise in this particular book/subject. We do ask reviewers to agree to review within approx 3 months and to assist with costs, pay the postage, books not reviewed should be returned. We are looking for a positive commitment.

"Internet Law Book Reviews" aims to provide academic reviews of a high standard. For an indication of what is required please see this website. "Internet Law book Reviews" which currently attracts up to 1,200 visitors per day. We welcome all categories of reviewers.


LINKS

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