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

Oxford University Press Books Reviewed in 2009
Blackstone's Guide to the Borders, Citizenship and Immigration Act 2009
Edition: 1st
Format: Paperback
Authors: Ian Macdonald QC, Laurie Fransman QC, Adrian Berry, Alison Harvey, Hina Majid, and Ronan Toal
ISBN: 978-0-19-957957-0
Publishers: Oxford University Press
Price: £39.95
Publication Date: 19 November 2009
 
Publisher's Title Information
 

Clearly explains the important changes in border control, citizenship, and immigration law found in the Act
Comprehensive and lucid guide to a complex piece of legislation
An excellent quick reference tool, logically organised and following the structure of the Act
Thorough yet concise narrative exploring how the law will work in practice
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 scope, extent and effects 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 Blackstone's Guide to the Borders, Citizenship, and Immigration Act 2009 provides an essential tool for understanding the important changes in border control, citizenship, and immigration law found in the Act. The Guide provides a clear explanation of developments in the acquisition of British citizenship by automatic acquisition, naturalisation and registration; the introduction of new immigration measures concerning students, children, trafficking, and other matters; and the new customs functions at UK borders and connected supervisory powers. The Guide provides a commentary that puts the new provisions into the context of existing laws, while explaining the significance of the innovations introduced. The constitutional significance of the new measures is considered, together with an emphasis on the implications of the measures for the protection of rights under the European Convention for the Protection of Human Rights and Fundamental Freedoms. The Guide is a clear exposition of the development of the law.
 
This new Blackstone's Guide combines the full text of the Act with an expert narrative. It brings practitioners up-to-date with this complex piece of legislation. Presented in a straightforward layout, it enables ease of use as a reference source.
Readership: Solicitors and barristers practising in immigration and nationality law; the judiciary; students; academics and academic libraries.
 

The Contents
1: Introduction
The Borders, Citizenship and Immigration Act 2009
An Interim Bill
The Broader Policy Agenda: Background and Future Policy
The Effect of Parliamentary Scrutiny
2: Introduction to Part 1 and Customs Functions
Introduction
Customs Functions
3: Customs Powers
Introduction
Construction of other Legislation
Use and Disclosure of Information
Investigations and Detention
4: Inspection and Oversight and Miscellaneous Matters
Introduction
Inspections by the Chief Inspector of the UK Border Agency
Inspections by Her Majesty's Inspectors of Constabulary
Complaints and Misconduct
Miscellaneous Provisions
5: Acquisition of British Citizenship by Naturalization
The Path to Citizenship
Common Provisions in Part 2 of the Borders, Citizenship and Immigration Act 2009
Human Rights Concerns relating to the Naturalisation Provisions
The New Vocabulary of Immigration Terms for the Purposes of Naturalisation as a British Citizen
The Requirements for Naturalisation under S 6(1) of the British Nationality Act 1981
The Requirements for Naturalisation under S 6(2) of the British Nationality Act 1981
The Qualifying Periods for Naturalisation Under S 6(1), (2)
The Activity Condition
Access to Benefits
Compatibility with the Refugee Convention
6: Acquisition of British Citizenship by Birth and Registration, and Other Matters
Introduction
Children Born in the UK to Members of the Armed Forces
Children Born outside the UK to Members of the Armed Forces
The Registration of Minors
The Registration of British Nationals (Overseas) without other Citizenship
Descent through the Female Line: Registration under Section 4C of the British Nationality Act 1981
The Good Character Requirement
Miscellaneous Provisions
7: Immigration Powers
Introduction
The Restriction on Studies
The Fingerprinting of Foreign Criminals Subject to Automatic Deportation
Detention at Ports in Scotland
8: The Transfer of Certain Immigration Judicial Review Applications to the Upper Tribunal
Introduction
Overview of the Two-Tier Tribunal Structure under the Tribunals, Courts and Enforcement Act 2007
Background and Legislative Process
The Transfer of Certain Applications for Judicial Review
Applications for Permission to Appeal to the Court of Appeal
9: Children and Trafficking
Introduction
Trafficking
Duty Regarding the Welfare of Children
Appendix 1: Borders, Citizenship and Immigration Act 2009
Appendix 2: Immigration Act 1971, s 2, as in force prior to 1 January 1983

The Authors
 
Ian Macdonald QC, Barrister, Garden Court Chambers, Laurie Fransman QC, Barrister, Garden Court Chambers, Adrian Berry, Barrister, Garden Court Chambers, Alison Harvey, General Secretary, Immigration Law Practitioner's Association, Hina Majid, Solicitor and Director of the Joint Council for the Welfare of Immigrants, and Ronan Toal, Barrister, Garden Court Chambers


Prosecuting Serious Human Rights Violations
Edition: 1st
Format: Hardback
Author: Anja Seibert-Fohr
ISBN: 978-0-19-956932-8
Publishers: Oxford University Press
Price: £70
Publication Date: 09 July 2009
 
Publisher's Title Information
 

First book dedicated to the duty to prosecute serious human rights violations, an interesting and under-explored new concept in international law.
Comprehensive overview of all international human rights law mechanisms and jurisprudence
Development of proposals for improving the accountability of human rights offenders
Criminal punishment is increasingly seen as a necessary element of human rights protection. There is a growing conviction at the international level that those responsible for the most serious crimes should not go unpunished. Although there is a wealth of legal writing on international criminal law, an extensive analysis is still needed of the questions why and to what extent criminal prosecution is a necessary means of human rights protection at the domestic level. This book is the first to examine comprehensively the duty to prosecute serious human rights violations under the International Covenant on Civil and Political Rights, the American and European Conventions on Human Rights, and customary international law. It does so by exploring the phenomena of impunity and amnesties. These issues are particularly relevant for post-conflict situations in which it is often argued that criminal punishment threatens peace and reconciliation. The question of how to deal with post-conflict justice under international human rights law is therefore a continuing theme throughout the book.
 
Apart from post-conflict justice the text also considers the relevance of criminal measures in times of peace by exposing flaws in the criminal legislation and in the conduct of criminal procedure. With its survey of the relevant human rights instruments and jurisprudence, Prosecuting Serious Human Rights Violations is placed at the interface of international criminal law and international human rights. The book analyses the rapidly growing body of human rights case law, dealing with criminalization, prosecution and punishment of serious human rights violations. It identifies and critically examines the standards for the conduct of criminal proceedings developed by the European and Inter-American Courts of Human Rights and the UN Human Rights Committee, providing a unique reference tool for scholars and practitioners working in this area of law. It also describes the standards for criminal law under the Conventions Against Genocide, Torture, and Enforced Disappearances.
 
As the analysis of pertinent case law reveals shortcomings in the current conceptualization of the prosecution of human rights violations, the author develops a solid theoretical framework for future jurisprudence. By evaluating the relationship between criminal law and the protection of human rights, the book elucidates not only the potential but also the limits of the role human rights law can play in the emerging concept of international criminal justice.
 
Contents

 
1: Introduction
2: Prosecution under the International Covenant on Civil and Political Rights
3: Prosecution under the American Convention on Human Rights
4: Prosecution under the European Convention of Human Rights
5: Universal Human Rights Convention Explicitly Requiring Prosecution
6: Conceptualizing the Duty to Prosecute under Human Rights Treaties
7: Prosecution of Human Rights Violations under Customary International Law
8: Conclusion
 
Reviews"
'[T]his book provides a comprehensive description and insightful scholarly analysis of the applicable conventional and customary international legal obligations of states to prosecute the perpetrators of serious human rights violations. This valuable study addresses the full range of issues which bear on that important subject.[...]Dr. Anja Seibert-Fohr has produced an outstanding study of a subject that has heretofore not received the scholarly attention it deserves. Her book should therefore prove of special value to national judges and prosecutors dealing with cases involving serious violations of human rights. Human rights experts and NGOs, as well as international judges struggling with related problems, will find much in this book to assist them in their work.'" - Judge Thomas Buergenthal, from the Foreword

"The author analyses closely and skilfully a rapidly growing body of case law by relevant institutions in the field of human rights, focusing on the duty of States to prosecute and punish perpetrators of serious human rights violations...This outstanding contribution of the existing literature on human rights can serve a large readership, including scholars and students in the field of human rights and criminal law, as well as practitioners, and NGO activists." - Gentain Zyberi, International Law Observer.eu, September 2009
Anja Seibert-Fohr, Head of the Minerva Research Group, Max Planck Institute for Comparative Public Law and International Law
 
Dr. Anja Seibert-Fohr heads the Minerva Research Group at the Max-Planck Institute for Comparative Public Law and International Law in Heidelberg. She holds law degrees from Germany and the United States and received her Doctorate of Juridical Science with Thomas Buergenthal as her advisor. As a senior researcher at the Max Planck Institute she has published widely in international law. Her scholarly research is focused primarily on international criminal law, international human rights and comparative constitutional law. She also co-edited the Max Planck Commentaries on World Trade Law. International criminal law, civil rights, international peacekeeping and dispute settlement have been among her teaching assignments at the Universities of Heidelberg and Mannheim.

Read a review of Prosecuting Serious Human Rights Violations at International Law Observer.eu
 


Punishment and Freedom
A Liberal Theory of Penal Justice
Edition: 1st
Format: Hardback
Author: Alan Brudner
ISBN: 978-0-19-920725-1
Publishers: Oxford University Press
Price: £60
Publication Date: 16 July 2009
 

Publisher's Title Information
 
Presents an original theory of the nature of criminal law, anchored in liberal political theory
Advances the understanding of apparent contradictions and paradoxes within the criminal law
Offers a major reassessment of the nature and role of the harm principle in criminal law, of interest to liberal political philosophers as well as criminal law theorists
This book sets out a new understanding of the penal law of a liberal legal order. The prevalent view today is that the penal law is best understood from the standpoint of a moral theory concerning when it is fair to blame and censure an individual character for engaging in proscribed conduct. By contrast, this book argues that the penal law is best understood by a political and constitutional theory about when it is permissible for the state to restrain and confine a free agent. The book's thesis is that penal action by public officials is permissible force rather than wrongful violence only if it could be accepted by the agent as being consistent with its freedom. There are, however, different conceptions of freedom, and each informs a theoretical paradigm of penal justice generating distinctive constraints on state coercion. Although this plurality of paradigms creates an appearance of fragmentation and contradiction in the law, the author argues that the penal law forms a complex whole uniting the constraints on punishment flowing from each paradigm.
 

Contents
 
Introduction
1: Punishment
2: Culpable Mind
3: Culpable Action
4: Responsibility for Harm
5: Liability for Public Welfare Offences
6: Justification
7: Excuse
8: Detention After Acquittal
9: The Unity of the Penal Law
Conclusion
Bibliography
Index
 

The Author
 
Alan Brudner is Albert Abel Professor of Law and Professor of Political Science at the University of Toronto. He holds a law degree from the University of Toronto, where he also received bachelor's, master's and doctoral degrees in Political Science. He has been a Visiting Fellow at Oxford University and a Visiting Professor at the Hebrew University of Jerusalem and Tel Aviv University. He is the author of Constitutional Goods and The Unity of the Common Law: Studies in Hegelian Jurisprudence as well as numerous journal articles on a variety of topics in legal and political theory. He was the editor of the University of Toronto Law Journal from 2000 to 2007.


Civil Procedure Handbook
Edition: 2009/2010
Format: Paperback
Author: Victoria Williams
ISBN: 978-0-19-957319-6
Publishers: Oxford University Press
Price: £30
Publication Date: 2009
 
Publisher's Title Information
 

Keeping up to date and informed about the changes to the Civil Procedure Rules is important for practitioners and students alike. This handy collection includes the, full text of the Civil Procedure Rules, Practice Directions, and Pre-Action Protocols approved to 6 April 2oo9, including the 49th update to the CPR.
 

Key material included in this edition:
 
Part 52 updated consequent to the new tribunal systems including the Upper Tribunal. Changes to the Part 46 Changes to Fast Track Trial costs provisions and the Part 26 Fast Track limit.
Part 79 on Financial Restrictions proceedings under the Counter-Terrorism Act 2008. New PD on pre-action conduct.
Pre-action Protocol for Possession Claims based on Mortgage or Home Purchase Plan arrears in respect of Residential Property.
 
The Civil Procedure Handbook contains 39 procedural checklists designed to provide a quick guide to civil procedure in England and Wales. The handbook also contains key court forms and the current Civil Proceedings Fees order.
 
Affordable, accessible, and portable, this handbook is an ideal complement to the larger narrative texts in the area, providing a useful, up-to-date set of materials for busy practitioners and students. This is an excellent reference tool for all those studying or working in the area of civil procedure.
 

Preface to the First/Sixth Editions (2004-2009)
 
Keeping track of numerous' cumulative updates since the Civil Procedure Rules came into force is quite difficult for anyone. Against that backdrop the Civil Procedure Handbook aims to be, as its title suggests, a helpful handbook which sets out in an uncluttered style the CPR, schedules and protocols as they stand at a known and specified point in time as close to publication date as possible whilst taking into account all the rule updates which have been formally approved.
 
In the text I have endeavoured to ensure that the rules, schedules and protocols appear in their official form. Where numbered footnotes appear they are selected from official footnotes rather than reflecting any expression of opinion or analysis by me. However there are occasions, which should be clear from their context, where the text of the official rules contains minor errors such as references to repealed forms. Generally this is pointed out with an asterisked footnote, and I am grateful to the team at Oxford University Press for recording such errors. The one notable addition, provided in the Introduction and which is not 'official CPR', is a list of transitional Regulations which relate to various historic amendments.
 
To keep the length manageable there are some annexes to rules, forms and EU Regulations which are not reproduced, but in each instance I have reminded the reader that the DCA website or the Court Service website, as the case may be, are an excellent way to access that material. Likewise I have not included the mass of official court forms but have referred the reader to the appropriate website.
 
Unless otherwise stated, all the text is in force at date of publication. Any changes to rules which have been approved but which are yet to come into force are clearly denoted in the text, with their commencement dates.
 
The sixth edition of this text endeavours to state the Rules, Practice Directions and Pre-Action Protocols of the Civil Procedure Rules as at their 49th update, including all rules and amendments published and in force at 6 April 2009, up to and including the Civil Procedure (Amendment No. 2) Rules 2008, the Civil Procedure (Amendment No. 3) Rules 2008 and related Practice Direction amendments.
 
Dr Victoria Williams
April 2009


The Law Student's Skills Set
Edition: 2009
Format: 3 Paperbacks
Authors: S I Strong, James Penner, Phillip Kenny, and Steve Wilson
ISBN: 978-0-1 9-957476-6
Publishers: Oxford University Press
Price: £31.97 (save £20)
Publication Date: 06 August 2009
 
Publisher's Title Information

Stylishly packaged to make the perfect gift for law students
Set comprises three volumes students will constantly learn from and refer to
An essential resource for every law student on any law course
 
Three books packaged in a case to make the ideal gift for someone about to embark on a law course. The skills set provides law students with the practical skills and information required on any law course. At £20 off, the set offers great value for money.
 
Penner: The Law Student's Dictionary
 
This dictionary provides clear, jargon-free definitions of legal terms and phrases. It is focussed on the needs of the law student and contains substantial entries on core areas of law. A handy and invaluable reference work for students of law.
 
Wilson & Kenny: The Law Student's Handbook
 
Offers a practical guide to studying law. It introduces the ways in which law is taught, gives an overview of the English legal system, and covers in detail the practical study and academic legal skills required to study law. Accompanied by an extensive Online Resource Centre containing useful information about law courses, advice on answering questions, further reading and web links.
 
Strong: How to Write Law Essays and Exams 2e
 
Provides law students with a practical and proven method of analyzing and answering essays and exam questions. The book includes numerous worked examples and helpful tip boxes to help reinforce learning. An Online Resource Centre provides answers to FAQs, information on citations and the helpful breakdown of a case into its constituent parts.
Readership: Ideal for all students embarking on their law degree. This set will equip students with the essential skills and reference tools they need on any law degree, making an ideal gift.
 

Contents
 
J E Penner: The Law Student's Dictionary
Wilson & Kenny: The Law Student's Handbook
S I Strong: How To Write Law Essays and Exams 2e
 

The Authors
 
J E Penner
Steve Wilson & Phillip Kenny
S I Strong


Blackstone's Criminal Practice
Edition: 2010 (book with all supplements)
Format: Hardback
Author: David Ormerod and The Right Honourable Lord Justice Hooper
ISBN: 978-0-19-957424-7
Publishers: Oxford University Press
Price: £250.00
Publication Date: 08 October 2009
 
Publisher's Title Information
 

Written by the names shaping today's criminal law - Lord Justice Hooper and David Ormerod lead a team of contributors with unparalleled expertise in the courtroom
Provides comprehensive coverage of Crown Court and magistrates' court practice - the only volume you need in either court
Logical intuitive structure accompanies you from A to B through every stage of a trial - all you need to ensure your case goes smoothly
Acclaimed, unrivalled coverage of sentencing - reliable, trustworthy coverage ensuring you never get caught out in court
Clear, practical guidance on procedure - your constant companion through any trial
Common-sense navigation - instant access to all the information you need
Unparalleled breadth of appendices, including the full updated text of the Criminal Procedure Rules, and the Sentencing Guidelines - the information you need at your fingertips
Ensures full understanding of developments through regular supplements, bulletins, web updates, and email alerts - keeps you up-to-date on this dynamic area

New to this edition

Fully rewritten and restructured sections on Civil Behaviour Orders and Terrorism
Coverage of the Coroners and Justice Bill and the Counter-Terrorism Act 2008
Coverage of the Serious Crime Act 2007 (Commencement No. 3) Order 2008 (SI 2008 No. 2504), implementing a major reform
Coverage of the new Sentencing Guidelines on Theft, Burglary, and Anti-Social Behaviour Orders
Coverage of changes to the Magistrates' Court Sentencing Guidelines, the Criminal Procedure Rules, and the PACE Codes
New simultaneous supplement provides easy access to essential materials, containing the updated full text of the Criminal Procedure Rules and the Sentencing Guidelines Council Sentencing Guidelines
New contributor, Duncan Penny (Barrister, 6 King's Bench Walk), writing on human rights
Blackstone's Criminal Practice is the only text to provide in a single, portable, and superbly-referenced volume all the material essential to criminal practice and procedure in both the Crown and magistrates' courts. Increasingly cited in court, its incomparable quality and clarity make it an essential reference for all serious criminal practitioners.
 
Led by General Editors, David Ormerod and Lord Justice Hooper, our team of highly acclaimed authors has been handpicked to ensure that you receive practical, citable explanation, analysis, and guidance on all aspects of criminal court practice - providing immediate clarification of all you need to know on offences, sentencing, evidence, and procedure. And with a new simultaneous supplement containing essential materials, you can trust Blackstone's Criminal Practice to be your constant companion through every courtroom appearance.
 
This new edition has been meticulously revised to provide extensive coverage of all new legislation, case law, and Practice Directions. With the option of regular supplements, free quarterly bulletins, and monthly website updates, you can rely on Blackstone's Criminal Practice to provide reassurance on all the latest developments in criminal law and procedure.

Contents

Main Volume
Part A: General Principles Of The Law
A1: Actus reus: the external elements of an offence
A2: Mens Rea
A3: General defences
A4: Strict liability and vicarious liability
A5: Parties to offences
A6: Inchoate offences
A7: Human rights
A8: Territorial and extra-territorial jurisdiction
Part B: Offences
B1: Homicide and related offences
B2: Non-fatal offences against the person
B3: Sexual offences
B4: Theft, handling stolen goods and related offences
B5: Fraud, blackmail and deception
B6: Falsification, forgery and counterfeiting
B7: Company, investment and insolvency offences
B8: Damage to property
B9: Offences affecting security
B10: Terrorism, piracy and hijacking
B11: Offences affecting public order
B12: Offences relating to weapons
B13: Offences affecting enjoyment of premises
B14: Offences against the administration of justice
B15: Corruption
B16: Revenue, customs and social security offences
B17: Offences involving misuse of computers
B18: Offences involving writing, speech or publication
B19: Offences related to drugs
B20: Offences relating to dangerous dogs, hunting and animal welfare
B21: Offences relating to the proceeds of criminal conduct
B22: Immigration offences
Part C: Road Traffic Offences
C1: Definitions and basic principles in road traffic cases
C2: Evidence and procedure in road traffic cases
C3: Offences relating to driving triable on indictment
C4: Offences relating to documents triable on indictment
C5: Drink-driving offences
C6: Summary traffic offences
C7: Sentencing generally
C8: Endorsement, penalty points and disqualification
C9: The schedules to the Road Traffic Offenders Act 1988
Part D: Procedure
D1: Powers of investigation
D2: The decision to prosecute and diversion
D3: Courts, judges and parties
D4: Criminal procedure rules and case management
D5: Preliminary procedures in magistrates' courts
D6: Classification of offences and determining mode of trial
D7: Bail
D8: Assets recovery
D9: Disclosure
D10: Sending cases from the magistrates' court to the Crown Court
D11: The indictment
D12: Arraignment and pleas
D13: Juries
D14: Trial on indictment: general matters and pre-trial procedure
D15: Trial on indictment: the prosecution case
D16: Trial on indictment: the defence case
D17: Trial on indictment: procedure between close of defence evidence and retirement of jury
D18: Trial on indictment: procedure relating to retirement of jury and verdict
D19: Trial on indictment: sentencing procedure
D20: Summary trial: general and preliminary matters
D21: Summary trial: the course of the trial
D22: Sentencing in the magistrates' court
D23: Trial of juveniles
D24: Civil behaviour orders: ASBOs, Closure Orders, CPOs, and VOOs
D25: Appeal to the Court of Appeal (Criminal Division) following trial on indictment
D26: Procedure on appeal to the Court of Appeal (Criminal Division)
D27: Reference to the Court of Appeal (Criminal Division) following trial on indictment
D28: Challenging decisions of magistrates' courts and of the Crown Court in its appellate capacity
D29: Appeals to the House of Lords and the role of the European Court of Justice and the European Court of Human Rights
D30: Public funding and costs
D31: Extradition
Part E: Sentencing
E1: Sentencing: general provisions
E2: Custodial sentences: general provisions
E3: Mandatory life sentences
E4: Custodial sentences for dangerous offenders under the Criminal Justice Act 2003
E5: Prescribed custodial sentences
E6: Suspended sentences under the Criminal Justice Act 2003
E7: Custodial sentences: detention and custody of offenders under 21
E8: Community Order under the Criminal Justice Act 2003
E9: Community sentences: offenders aged under 18
E10: Referral order
E11: Reparation orders
E12: Absolute and conditional discharges
E13: Binding over
E14: Orders against parents
E15: Fines
E16: Compensation orders
E17: Restitution orders
E18: Deprivation orders
E19: Confiscation orders
E20: Recommendation for deportation
E21: Exclusions and disqualifications
E22: Mentally disordered offenders
E23: Notification requirements under the Sexual Offences Act 2003
E24: Rehabilitation of offenders
Part F: Evidence
F1: General principles of evidence in criminal cases
F2: The discretion to exclude evidence; evidence unlawfully, improperly or unfairly obtained
F3: Burden and standard of proof and presumptions
F4: Competence and compellability of witnesses and oaths and affirmations
F5: Corroboration
F6: Examination-in-chief
F7: Cross-examination and re-examination
F8: Documentary evidence and real evidence
F9: Public policy and privilege
F10: Opinion evidence
F11: Admissibility of previous verdicts
F12: Character evidence: evidence of bad character of accused
F13: Character evidence: admissibility of evidence of accused's good character
F14: Character evidence: evidence of bad character of persons other than the accused
F15: The rule against hearsay: general principles
F16: Exceptions to the rule against hearsay (excluding confessions)
F17: The rule against hearsay: confessions
F18: Evidence of identification
F19: Inferences from silence and the non-production of evidence
Appendices:
Appendix 1: Codes of Practice under the Police and Criminal Evidence Act 1984
Appendix 2: Attorney-General's Guidelines
Appendix 3: The CPS Code for Crown Prosecutors
Appendix 4: Disclosure
Appendix 5: The Consolidated Criminal Practice Direction
(Simultaneous) Supplement 1
The Criminal Procedure Rules 2005
The Sentencing Guidelines Council Sentencing Guidelines

The Authors

Professor David Ormerod, Professor of Criminal Justice, School of Law, Queen Mary University of London; Barrister, 18 Red Lion Court, and The Right Honourable Lord Justice Hooper
Contributors:
General Editors:
The Right Honourable Lord Justice Hooper
Professor David Ormerod
 
Emeritus Editor:
HHJ Peter Murphy, LLB
 
Consultant Editor:
HHJ John Phillips CBE
 
Advisory Editorial Board:
HHJ Peter Beaumont QC, the Recorder of London
Tim Owen QC, Matrix Chambers
David Perry QC, 6 King's Bench Walk Chambers
HH Eric Stockdale
Robert Smith QC, 16 Park Place Chambers
 
Contributors:
 
Duncan Atkinson, Barrister, 6 King's Bench Walk
Alex Bailin, Barrister, Matrix Chambers
Diane Birch, LLB, JC Smith Professor of Law, University of Nottingham
Ed Cape, LLM, Solicitor, Professor of Law and Director of the Centre for Legal Research, University of the West of England, Bristol
Anand Doobay, Partner, Peters & Peters
Rudi Fortson, Barrister, 25 Bedford Row; Visiting Professor of Law, Queen Mary University
Michael Hirst, LLB, LLM, Professor of Criminal Justice, De Montfort University, Leicester
Peter Hungerford-Welch, LLB, FHEA, Barrister, Associate Dean at the City Law School, City University, London
Adrian Keane, LLB, Barrister, Professor of Law and Dean, Inns of Court School of Law, City University, London
Andrew Keogh, LLB, LLM, Barrister and Solicitor, Consultant, Simpson Heald Pearson Solicitors
Michael Lerego QC, Barrister, Fountain Court Chambers
Richard McMahon, LLB, LLM, Barrister, Director of Civil Litigation, States of Guernsey, Crown Advocate of the Royal Court of Guernsey
Tim Moloney, Barrister, Tooks Chambers
Stephen Parkinson, LLB, Solicitor, Head of criminal law practice area, Kingsley Napley
Duncan Penny, Barrister, 6 King's Bench Walk
Edward Rees QC, Doughty Street Chambers
HHJ Peter Rook QC
Maya Sikand, Garden Court Chambers
Richard D. Taylor, MA, LLM, Barrister, Professor of English Law, Lancashire Law School, University of Central Lancashire
Ronan Toal, Barrister, Garden Court Chambers
Martin Wasik, LLB, MA, FRSA, CBE, Barrister, Recorder of the Crown Court, Professor of Criminal Justice, Keele University

 
Preface
 
It is once again an honour to edit BCP, particularly in this its 20th year.
 
As in previous years under our Editorship, we continue the process of making improvements to the structure and content of the book. In this edition, the main work is for the first time published with a simultaneous supplement (supplement 1) containing two documents of great practical significance which Blackstone's readers will, we believe, find it useful to have in a single source: the Criminal Procedure Rules and the Sentencing Guidelines.
 
As with last year's edition, readers will be able to subscribe to the two additional cumulative supplements to be published in February and June. We are delighted that last year's introduction of the cumulative supplements proved to be so successful. This was perhaps the single most significant change to Blackstone's Criminal Practice in its history. It has provided readers with access to the very latest developments, in the most convenient format, replicating the style of the main work. Coupled with the quarterly Bulletin and the free monthly on-line updating, we believe that Blackstone's Criminal Practice now offers a comprehensive updating service ensuring that, even with the volatility of developments in criminal justice, Blackstone's users can rely with confidence on the content throughout the entire year.
 
Predictably, this new edition required a mass of new material on criminal justice to be accommodated. Notable developments this year include the Counter-Terrorism Act 2008, further amendments to the Criminal Procedure Rules (having an especially important and wide-ranging impact on summary trials), implementation of the abolition of incitement and its replacement with new offences involving encouraging or assisting an offence, new SGC Guidelines on theft and burglary and the further implementation of the Criminal Justice and Immigration Act 2008, profoundly affecting sentencing. This edition also digests the predictably high volume of new cases in criminal law and procedure including the European Court of Human Rights' decisions in Grayson v UK on presumptions and Al-Khawaja v UK on hearsay. Numerous House of Lords' judgments are examined including: King v SFO on restraint powers; Briggs-Price on confiscation; JTB on doli incapax; and G and J on the Terrorism Act 2000 offences. In the Court of Appeal, leading decisions such as Evans on gross negligence manslaughter; Mayers and Powar on anonymous witnesses; Z on hearsay and the use of s 114(1)(d) of the Criminal Justice Act 2003, Horncastle on the ECHR compatibility of the hearsay regime; D on directing juries on delayed complaints in rape; O'Dowd on case management and bad character; and Stannard on IPP are all examined in full, as are the numerous recent authorities on confiscation including: Shabir and Lowe. The team of authors have once again exceeded our expectations in their ability to incorporate and analyse so much new material, some of which became available very late in the production process.
 
We congratulate Keir Starmer QC on his appointment as DPP, and we welcome as his successor to the team of authors Duncan Penny who will take responsibility for the chapter on Human Rights.
 
We would, as ever, like to express our thanks to the distinguished editorial advisory board for comments and suggestions. In particular we would like to offer our sincere thanks to HHJ Peter Murphy, who this year stands down as Emeritus Editor. In short, Blackstone's Criminal Practice was Peter Murphy's idea. He had the vision to recognise the demand for a practitioner manual offering a unique blend of practical guidance and academic analysis. The unique partnership he forged with Alistair MacQueen ensured the success of such an ambitious project with the launch of Blackstone's Criminal Practice in 1991. Peter's editorial involvement with Blackstone's continued as he moved from his academic post in Texas, to the International Criminal Court in the Hague and then finally to the Circuit Bench. As he prophesied in writing the preface to the first edition, Blackstone's is 'a work of high and enduring quality'.
 
In producing this edition, the team at OUP worked efficiently and with great enthusiasm. We are grateful to all of them, Annabel Ainscow, Faye Judges, Stacey Penny, Roxanne Selby. Jane Kavanagh this year handed over responsibility to Roxanne Selby. We are extremely grateful to Jane for her tremendous efforts in revitalising Blackstone's in recent years, and to Roxanne for managing the transition of power into her hands so smoothly.
 
Finally, our utmost thanks go once again to our editorial co-ordinator, Laurence Eastham. The remarkable quality of Blackstone's Criminal Practice is a tribute to his meticulous attention to detail and unrivalled knowledge of every aspect of the work. His dedication to its success coupled with his patient good nature continues to inspire everyone involved.
 
Many helpful comments and suggestions continue to be received from users of Blackstone's Criminal Practice. We welcome them. It remains our goal to provide readers with the best possible service, and your input is invaluable to us in pursuing that goal. Please continue to supply us with this valuable feedback. We have established a web site to facilitate this. Alternatively, you can send us your comments by email at blackstonescriminal@oup.com.
 
Our aim in preparing this 2010 edition has been to continue providing the highest quality practical account and accessible analysis of English criminal law, evidence and procedure. We have endeavoured to state the law as at 1 August 2009.
 
Rt Honourable Lord Justice Hooper Professor David Ormerod


Blackstone's Guide to the Anti-Terrorism Legislation
Edition: 2nd
Format: Paperback
Author: Clive Walker
ISBN: 978-0-19-954809-5
Publishers: Oxford University Press
Price: £39.95
Publication Date: 27th August 2009
 
Publisher's Title Information
 

This new edition includes comprehensive explanation and analysis of the prime anti-terrorism legislation
Offers expert narrative on the scope, extent, and effect of the legislation
Covers all recent developments in anti-terrorism law legislation and case-law since the publication of the previous edition
Clearly organized with separate chapters on counter-terrorist powers, terrorist investigation, terrorist offences, and special criminal processes
Straightforward layout makes this an ideal quick reference tool
Contains the text of the new Counter-Terrorism Act 2008, as well as the Terrorism Act 2000, Anti-Terrorism, Crime and Security Act 2001, Prevention of Terrorism Act 2005, Terrorism Act 2006, Terrorism (Northern Ireland) Act 2006, and the Justice and Security (Northern Ireland) Act 2007

New to this edition
Covers all recent legislative developments in anti-terrorism law since the publication of the previous edition
Includes recent legislation, such as the Counter-Terrorism Act 2008, Terrorism Act 2006, Terrorism (Northern Ireland) Act 2006 and the Justice and Security (Northern Ireland) Act 2007
Increased focus on important case-law relating to the jurisprudence of human rights including judgments concerning the detainees under the 2001 Act (under a system now abolished, but an indicator of judicial approaches), as well as about proscription, special offences, and control orders
Looks at parallels with Australian, Canadian and New Zealand legislation
This new edition of the Blackstone's Guide to the Anti-Terrorism Legislation provides expert explanation of the key anti-terrorism legislation. It offers comprehensive guidance on the effects, extent, and scope of the legislation, along with copies of the key legislation, including the Terrorism Act 2000, Anti-Terrorism, Crime and Security Act 2001, Prevention of Terrorism Act 2005, Terrorism Act 2006, Terrorism (Northern Ireland) Act 2006, the Justice and Security (Northern Ireland) Act 2007, and the Counter-Terrorism Act 2008.
 
The book is clearly organized with separate chapters on counter-terrorist powers, terrorist investigation, terrorist offences and special criminal processes. It looks at the parallels with Australian, Canadian, and New Zealand legislation, some of which have directly borrowed from the UK system, and highlights important case-law relating to the jurisprudence of human rights.
 
The Blackstone's Guide Series delivers concise and accessible books covering the latest legislative changes and amendments. Published within weeks of the Act, they offer expert commentary by leading names on the effects, extent, and scope of the legislation, plus a full copy of the Act itself. They offer a cost-effective solution to key information needs and are the perfect companion for any practitioner needing to get up to speed with the latest changes.
 

Contents

1: Background and Introductory Issues
2: Extremist Organizations and Extremist Speech
3: Terrorist Funding and Property
4: Terrorist Investigations
5: Counter-Terrorist Powers
6: Criminal Offences and the Processing of Offenders
7: Executive Control Powers
8: Dangerous Substances and Acute Vulnerabilities
9: Northern Ireland Special Measures
10: Other Matters and Conclusions
Appendices
Appendix 1 Terrorism Act 2000 (extracts)
Appendix 2 Anti-Terrorism, Crime and Security Act 2001 (extracts)
Appendix 3 Prevention of Terrorism Act 2005 (extracts)
Appendix 4 Terrorism Act 2006 (extracts)
Appendix 5 Justice and Security (Northern Ireland) Act 2007 (extracts)
Appendix 6 Counter-Terrorism Act 2008 (extracts)
Bibliography
 
The Author

Clive Walker, Professor of Criminal Justice Studies, Department of Law, University of Leeds
 


The Treatment of Prisoners under International Law
Edition: 3rd
Format: Hardback
Authors: Nigel Rodley & Matt Pollard
ISBN: 978-0-19-921507-2
Publishers: Oxford University Press
Price: £85
Publication Date: 13 August 2009
 
Publisher's Title Information

New edition of the groundbreaking book on the human rights of prisoners and detainees
The only book that addresses the treatment of prisoners worldwide
Comprehensive and critical analysis of the many developments in the field in the last ten years, including the measures taken by the US in the wake of 9/11 and its war against terror
Written by the undisputed expert in the field
 

New to this edition
 
Major new developments reflected in the new edition: - the Rome Statute of the International Criminal Court - Convention against Disappearances - Optional Protocol to the Convention against Torture (establishing preventive machinery to visit people deprived of freedom) - 'General Comments 29 and 31' of the Human Rights Committee on, respectively, states of emergency and on the basic obligations of the International Covenant on Civil and Political Rights - 'General Comment 2' of the Committee against Torture - Extensive case law of both Committees, the European and Inter-American Courts of Human Rights, the International Criminal Tribunals for the Former Yugoslavia and Rwanda, and the International Court of Justice - Some landmark national decisions, especially from the UK and the US, are also included New material:
 
This is the third edition of the pioneering work that has become the standard text in the field. The first edition was one of the earliest to establish that the newly developing international law of human rights could be set down as any other branch of international law. It also incorporates the complementary fields of international humanitarian law and international criminal law, while addressing the problems associated with their interaction with human rights law.
 
The book is more than a descriptive analysis of the field. It acknowledges areas of ambiguity or where developments may be embryonic. Solutions are offered. Recent developments have confirmed the value of solutions proposed in the previous editions
 
Central to most of the chapters is the prohibition of torture and cruel, inhuman, or degrading treatment or punishment. The early chapters focus on the period of first detention, when detainees are most at risk of having information or confessions, however unreliable, extracted by unlawful means. Voices contemplating the legitimacy of such treatment to combat terrorism have been heard in the wake of the atrocities of 11 September 2001. The book finds that the evidence clearly suggests that the absolute prohibition of such treatment remains firm.
 
Other chapters deal with problems of poor prison conditions and of certain extraordinary penalties, notably corporal and capital punishment. A chapter explores ethical codes for members of professions capable of inflicting or preventing the prohibited behaviour (police and medical and legal professionals). Chapters are also devoted to the extreme practice of enforced disappearance and the contribution of the new convention on this phenomenon, as well as to extra-legal executions.
 
Readership: Academics, students, and practitioners in the field of international and national human rights, international criminal law and international humanitarian law
 

Contents
 
General Introduction
1: The Response of the United Nations General Assembly to the Challenge of Torture
2: The Legal Prohibition of Torture and Other Ill-Treatment
3: What Constitutes Torture and Other Ill-Treatment?
4: The Legal Consequences of Torture and Other Ill-Treatment
5: International Mechanisms against Torture and Other Ill-Treatment
6: Extra-legal Executions
7: The Death Penalty
8: Enforced Disappearance of Prisoners: Unacknowledged Detention
9: Conditions of Imprisonment or Detention
10: Corporal Punishment
11: Guarantees against Abuses of the Human Person: Arbitrary Arrest and Detention
12: International Codes of Ethics for Professionals
Concluding Reflections
Appendices
 

The Authors
Nigel Rodley, Professor of Law and Chair, Human Rights Centre, University of Essex; Member of the United Nations Human Rights Committee
Matt Pollard, Matt Pollard is legal adviser to Amnesty International in London and the Association for the Prevention of Torture in Geneva
 
Sir Nigel Rodley KBE, PhD is Professor of Law and Chair of the Human Rights Centre, University of Essex. He is an elected member of the UN Human Rights Committee, established under the International Covenant on Civil and Political Rights. He is also a Commissioner of the International Commission of Jurists. He has taught in North America and the UK. He founded Amnesty International's Legal Office in 1973 and ran it till 1990. He was the UN Special Rapporteur on Torture from 1993 to 2001. His work for Amnesty International and the United Nations allowed him to participate in the development of the field covered by the book. He was knighted in the 1998/1999 New Year's Honours 'for services to human rights and international law'.
 
Matt Pollard is a research assistant as the University of Essex who assisted Sir Nigel Rodley in writing this edition.


Police Misconduct, Complaints, and Public Regulation
Edition: 1st
Format: Hardback
Authors: John Beggs and Hugh Davies
ISBN: 978-0-19-954618-3
Publishers: Oxford University Press
Price: £95
Publication Date: 09 July 2009
 
Publisher's Title Information
 

The only work providing comprehensive coverage of the law relating to the regulation of the police
Dedicated chapters on the national organization of policing: the IPCC; complaints, performance and misconduct procedures; specific criminal offences; inquests; and associated applications for judicial review
Diagrams and process maps help to illustrate the narrative and legislation
Appendices include in full all relevant performance and misconduct regulations 1999-2008, and Home Office Guidance under the 2008 regime, 1999 and 2008 Police Appeals Tribunals Rules.
Police Misconduct, Complaints and Public Regulation provides comprehensive coverage of the law and procedure relating to the regulation of the police - setting out comprehensive guidance on practice in relation to complaints, misconduct and performance procedures, as well as detailed analysis of the powers of the IPCC and of its statutory guidance. Dedicated chapters address events from recording the complaint through to Police Appeals Tribunals; specific criminal offences (misconduct in public office; manslaughter; driving); inquests (including modern developments on narrative verdicts); and associated guidance on abuse of process and judicial review. The content reflects the substantial developments in the law and practice in these inter-related proceedings since the implementation of the Police Reform Act 2002 in April 2004, as well as the radical reforms introduced by the radical change of regime introduced by performance and misconduct regulations in 2008. .
 
The authors - recognized as market leaders in these fields of work - bring together, in a detailed and practical narrative, the relevant statutory powers, secondary legislation, statutory guidance and increasing body of Administrative Court jurisprudence. They include user-friendly diagrams and process maps to illustrate and explain the narrative and legislation. Appendices include - in full - all relevant performance and misconduct regulations between 1999 - 2008, the 2008 Home Office Guidance, and both the 1999 and 2008 Police Appeals Tribunals Rules.
Written by two barristers with extensive experience representing and advising police forces and accused officers in all forms of proceedings, this book is an essential text for all supervising officers and managers that must seek to apply the procedures correctly, as well as solicitors and barristers instructed in these matters and other tribunals. It also represents the single most authoritative modern treatment of Coronial law as applied to police related deaths, and to contemporary developments in criminal offences including misconduct in public office and police-related homicide.
 

Readership:
 
All police officers and police staff with supervisory responsibilities, from sergeant to chief constable; Police and staff association representatives; Professional standards departments operatives; Human resources professionals; Performance and misconduct panels; Coroners; Lawyers involved in complaints,

 
Contents
 
1: The Organization of Policing in England and Wales, and the Regulation of Police Forces
Overview
The Organization of the Police
The Role of the Secretary of State
Police Authorities
The National Policing Improvement Agency (NPIA)
Conclusion
2: The Suspension and Removal of Chief Officers by Police Authorities and the Secretary of State
Overview
Statutory Framework
Home Office Protocol (March 2004)
Analysis of the Combined Procedure
Conclusion
3: Complaints and Misconduct I: The Independent Police Complaints Commission (IPCC)
Overview
Complaints and Misconduct: The Police Reform Act 2002 - The Overall Statutory Structure
The Legal Character of the IPCC
The Commission: The Chairman, the Members, and the Staff
The General Functions and Duties of the Commission
The IPCC Complaints and Discipline Process
Conclusion
4: Complaints and Misconduct II: Overview of the 2004 and 2008 Conduct and Performance Regulations, and Associated Appeals
Overview
Process Charts
5: The Police (Performance) Regulations 2008
Overview
Preliminaries
The First Stage
The Second Stage
The Third Stage
Police Appeals Tribunal
Conclusion
6: Standards of Professional Behaviour and the Initial Handling of a Report
Overview
The New Standards of Professional Behaviour
Initial Handling: The Police Reform Act 2002, Sch 3, or the Police (Conduct) Regulations 2008
The Police Reform Act 2002, Pt 2: Complaints, Conduct Matters, and DSI Matters
Police Refirm Act 2002, Sch 3, Pt 1: The Handling of Complaints
Police Reform Act 2002, Sch 3, Pt 2: The Handling of Conduct Matters
Police Reform Act 2002, Sch 3, Pt 2A: The Handling of DSI Matters
Police Reform Act 2002, Sch 3: Miscellaneous Aspects
Conclusion
7: Investigations under Schedule 3 of the 2002 Act and the 2008 Conduct Regulations
Overview of the Investigatory Regimes and the Police (Conduct) Regulations 2008
Determination of the Investigatory Regime
Assessment of Conduct
The Appointment of the Investigator
The Purpose of the Investigation
Written Notices of Investigation
Representations to the Investigator
Interviews
The Report of the Investigation
Conclusion
8: Misconduct Proceedings Under the Police (Conduct) Regulations 2008
Referral of Case
Procedure on Receipt of Notice
Witnesses
Rights of Attendance and Participation in Misconduct Proceedings
Procedure at Misconduct Proceedings
Outcomes
Appeals from Misconduct Proceedings
9: The Police (Conduct) Regulations 2004
Overview
The Structure, Purpose, and Application of the Regulations and the Home Office Guidance
General Points and Procedural Challenges
Non-senior Officers
Senior Officers Under the 2004 Conduct Regulations
Conclusion
10: Special ('Fast-track') Cases Under the Police (Conduct) Regulations 2004 and 2008
Overview
The Role of the Independent Police Complaints Commission (IPCC) and Crown Prosecution Service (CPS)
Special Cases Under the 2004 Conduct Regulations
Special Cases Under the 2008 Conduct Regulations
Conclusion
11: Chief Officer Reviews, Internal Appeals, and the Police Appeals Tribunal
Overview
Chief Officer's Review Under the 2004 Conduct Regulations
Senior Officer Appeals
The Police Appeals Tribunal
Conclusion
12: Abuse of Process
Overview
The Police as a Regulated Profession
Jurisdiction
Regulatory Departure
Delay
'Fair Hearing Impossible'
Article 6 of the European Convention on Human Rights (ECHR)
Conclusion
13: Probationers
Overview
Regulation 13 of the Police Regulations 2003
Conclusion
14: Inquests
Overview
The Nature and Purpose of an Inquest
The Duty to Hold, and the Timing of, and Inquest
The Scope of the Inquest: Jamieson, Middleton, and Art 2
Fundamental Points of Procedure
Verdicts
Conclusion
15: Police-related Criminal Offences
Overview
Misconduct in Public Office
Unlawful Killing
Driving-related Offences
Conclusions
Appendices
Appendix A: A Table of Force Statistics
Appendix B: The Police Appeals Tribunals Rules 1999, SI 1999/818
Appendix C: The Police (Conduct) Regulations 2004, SI 2004/645
Appendix D: The Police (Complaints and Misconduct) Regulations 2004, SI 2004/643, as amended
Appendix E: The Police Reform Act 2002, Schedule 3, Part 1
Appendix F: The Police (Performance) Regulations 2008, SI 2008/2862
Appendix G: The Police (Conduct) Regulations 2008, SI 2008/2864
Appendix H: The Police Appeals Tribunals Rules 2008, SI 2008/2863
Appendix I: Home Office Guidance (2008) Police Officer Misconduct, Unsatisfactory Performance and Attendance Management Procedures
Appendix J: The Police (Amendment) Regulations 2008, SI 2008/2865
 

Foreword
 
`Policing is too important to leave to the police alone' is a common mantra in the annals of British policingmost often expressed by members of the police service. Inherent in the phrase is not only recognition of the importance of help from, and the support of, the community at large, but also the need for oversight and accountability. This book addresses a number of aspects of both these latter concepts, setting them out for the informed reader and those coming to the issues with a lesser awareness of an historical and current context to aid understanding.
Confidence in the police has always been key to successful community support, and that reality has been thrust further into the 'limelight' by the Government adopting 'raising public confidence' as the single national target for policing. All other targetsand there was an extensive numberhave been dropped.
 
To a great extent that confidence is also secured by the public knowing that the police operate to a very high standard of integrity and ethics that goes beyond, imply working within the law. As a great deal of discretion and independence is afforded to the police then so should the conduct and disciplinary procedures under which they operate command support and confidence.
The two authors of this book have an enormous range of knowledge and experience of 'conduct and discipline' in the police arenaviewed from a wide range of perspectives. They are well placed to set the scene and then go on to advise and inform on what recent changes have taken place, how they will operate, and comment on their strengths and weaknesses. Thus the end product is more than a textbook.
 
Having led the recent review of police conduct and discipline for Government (ably assisted by representatives from a wide range of interested parties), I agree with a comment by the authors that the changes represent a 'seismic shift' in the processes and procedures. That shift also occurred in relation to the prevailing philosophy and culture of police behaviour and conduct, and was the consequence of a careful look at the impact and effectiveness of the existing law and mechanisms. While perhaps not inevitable, for me, it was a timely, worthy, and therefore a welcome outcome.
 
Two factors set the police apart from the citizen as an 'employee'. The first is that police officers can exercise lethal force on behalf of the State, and the second is that they can be required to control dangerous and life threatening situations (eg riots) with the risk of prosecution or disciplinary measures if they do not. This singular position also strongly suggests that Parliament should retain the controlling hand in setting the rules and regulations governing the behaviour of police. While the `normal employment framework' as represented in the ACAS model is apposite, it needs adjustment for the policing context. In other words, the concept of the `office of constable' should be left untouched. It is seen by many as sacrosanct in that it offers confirmation of the constitutional independence of the constable who is answerable 'to the law alone'. This position is singular to policing in England and Wales, and is still regarded by most observers as being worthy of protection.
 
The previous approach to conduct and discipline, at worst, reflected all the elements of a criminal investigation and prosecution or, at best, was similar to the approach in a military Courts Martial. Both features were a product of a history and culture which were no longer applicable, if ever they had been.
 
The essential elements of the proposed new approach signal a significant shift of emphasis towards development and improvement over blame and sanction. It is anticipated that the issue of officer capability will be more to the fore, with the range of outcomes that such a process offers for securing public satisfaction and improving individual and organizational service delivery.
 
Equally, if not more important, is the intention to make the process clearer and more acceptable to the public by seeking workable solutions to matters of complaint (and differences of opinion) in a timely and proportionate way, with the minimum of bureaucracy. At the heart of this is local action where supervisors are allowed to do just that: manage and supervise.
If the benefits that the seismic change is intended to deliver are to be achieved then all those with a role in the conduct and disciplinary process must exercise an individual and collective responsibility. They must ensure that the change in philosophy remains on course; maintain a firm level of resolve and courage to make the reforms work as intended; and be ready to defend the 'new world' against inappropriate challenge.
 
By raising understanding and 'nailing' responsibilities this book goes a long way in offering a guiding touchstone.
 
William Taylor
 
Author of Taylor Review of Police Discipline in England and Wales
Former Commissioner of Police for the City of London and Chief Inspector of Constabulary for Scotland
 

Preface
 
The public is interested in the police behaving badly. So are we. The Sweeney is more compelling than Dixon of Dock Green. Alleged misconduct by serving police officersparticularly of the most serious kindinvariably adds an extra human interest ingredient to the conduct of any case. Proceedings are routinely controversial, played out in public, and adopted (occasionally perhaps hijacked) as vehicles for wider agendas on all sides. Equally, regulation of police misconduct, and accountability in public for the exercise of powers by the police, are manifestly in the public interest. One can expect a progression to more public hearingsto date there has been only oneof the most serious allegations of police misconduct.
 
The world in this context is also changing in other respects. Regulation of police forces through police authorities and the relevant Secretary of State is not new but has become progressively more political. American-style elected police authorities are not inconceivable. The IPCC not only enjoys greater powers than the predecessor PCA, but has proved more pro-active in the use of such powers and transparent as to the product of investigations. Inquestsparticularly those where Article 2 is engagedhave become de-facto public inquiries frequently lasting months. The draft Coroners and Justice Bill 2009 does not itself remedy the serious intrinsic flaws in the existing procedures. Time will tell whether new draft Rules will do better.
 
In terms of internal misconduct proceedings the 2008 regime is intended to replace the old culture of blame and punishment with one of learning and improvement of performance. In the continued absence of fixed-term contracts officers hold office until retirement. The procedures should achieve the objective of promoting competence. Unless all sides embrace the philosophy underpinning change the new regimewhich is as, if not more, complicated than the oldwill simply not work or be trusted in practice.
 
We met when appearing against each other in August 2005 on a police misconduct case. Not unusually, misconduct proceedings were used in preference to serious criminal charges to litigate evidence of systemic corruption. We have appeared regularly against each other ever since. As the volume of police misconduct cases grows, together with the greater number of Article 2 inquests involving the police, it became obvious to us that the police service and other
(in Government-speak) 'stakeholders' in the complaints and misconduct system required a convenient and compendious source of the regulatory framework covering police complaints, misconduct and public regulation. Some understanding of the complex national framework of police regulation is the necessary context, as is treatment of core principles of law relating to professional regulation and concepts of general application such as disclosure, abuse of process, judicial review, and the definitions of crime. We have tried to create just such a book, and are grateful to our publishers for allowing us to include extensive extracts from the relevant statutes, regulations, and guidance.
 
Our perspective has been that of barristers who each both prosecute and defend in police misconduct cases and who, between us, appear regularly in high-profile police related cases in both the criminal and civil jurisdictions. We hope that our ambition to produce a balanced, neutral, and objective guide to law and practice in this field has been met. We welcome constructive criticism if not.
 
The 2008 regime, primarily the product of the Taylor Review, provides the police service with a golden opportunity to manage its complaints and internal conduct matters in a more intelligent and purposive manner. Disproportionate investigations of one force by another should be history: perspective has too often been lost in an attempt to demonstrate the necessary independence. We must hope that the police service will start better to calibrate its resources and responses to complaints. Truly bad officers, namely those unfit to hold office (of whom there are inevitably some in all forces) should be removed effectively and efficiently by fair processes. Officers who make honest or isolated mistakes in good faith should be supported and encouraged to learn and improve. Few officers will serve for 30 years without committing some such honest operational error. The expectation of loss of office in such circumstances proves not only unfair but counter-productive.
 
It is in the public interest that most on duty matters should be managed as performance-related rather than necessitating a misconduct investigation or charge. To make the performance regulations work the senior echelons of the police service need to offer strong leadership and to invest heavily in the training and development of its supervisors. In our experience supervisory failure, whether of individuals or the local culture, is usually documented as part of the narrative leading to more serious subsequent misconduct. Equally individual officers, and their representatives, must acknowledge that regulation of performance is intended to operate in a constructive spirit. This demands co-operation rather than confrontation.
 
We gratefully acknowledge the contribution of others to this book. Research was conducted by various individual pupils at 3 Raymond Buildings, including but not limited to Stephen Foster, Rachel Kapila (now tenants), and Robert Morris, and, at 3 Serjeants' Inn, James Berry. Other expert practitioners from whom we received valuable input include Katriona Swan at the IPCC, Colin Reynolds at Reynolds Dawson, Scott Ingram at Russell Jones and Walker, and PC David Bennett of the Police Federation. Detective Superintendent Vic Marshall is a central architect in the process and philosophy of reform, and constant source of assistance in our attempts to articulate what was intended in these respects. Inspector Mustaqa Patala of Lancashire Constabulary prepared the process maps in chapter 4, which are in turn reproduced by kind permission of the Chief Constable of Lancashire Constabulary. Our publishersprimarily Jane Kavanagh and Faye Judgeshave demonstrated expertise and patience in equal measure, and the painful process of converting the flattery of commission to the reality of publication would simply not have been concluded without their support and encouragement.
 
John Beggs QC Hugh Davies
3 Serjeants' Inn Gray's Inn London
London 16 March 2009


Blackstone's Police Q & A Four Volume Pack 2010
Edition: 8th 2010
Format: Paperback
Blackstone's Police Q&A: Crime 2010
Blackstone's Police Q&A: Evidence and Procedure 2010
Blackstone's Police Q&A: Road Policing 2010
Blackstone's Police Q&A: General Police Duties 2010
Authors: Huw Smart and John Watson
ISBN: 978-0-19-957763-7
Publishers: Oxford University Press
Price: £49.99
Publication Date: 20 August 2009
 
Publisher's Title Information
 

Essential practice material for all police sitting the Part 1 promotion examinations
Published annually with the Blackstone's Police Manuals - completely up to date with the police promotion examination syllabus
Fully revised and updated for 2010 to include questions on the Criminal Justice and Immigration Act 2008, the Road Safety Act 2006, the Counter-Terrorism Act 2008, the Police (Conduct) Regulations 2008, as well the revised PACE Codes of Practice
Designed to be used alongside the Blackstone's Police Manuals 2010 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
Fully revised and updated for 2010 to include questions on the Criminal Justice and Immigration Act 2008, the Serious Crime Act 2007, the Criminal Evidence (Witness Anonymity) Act 2008, new offences under the Road Safety Act 2006, the Counter-Terrorism Act 2008, the Police (Conduct) Regulations 2008, and the revised PACE Codes of Practice
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 2010 are essential revision tools for all police officers sitting the Sergeant's Part 1 promotion examinations.
 
The 2010 editions of this popular series contain important updates, reflecting changes to the 2010 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. All titles have been updated to include new questions in line with changes to recent legislation, including the Criminal Justice and Immigration Act 2008, the Serious Crime Act 2007, the Criminal Evidence (Witness Anonymity) Act 2008, the Road Safety Act 2006, the Counter-Terrorism Act 2008, and the Police (Conduct) Regulations 2008, as well as the revised PACE Codes of Practice.
 
The titles in the series are: Crime Q&A 2010, Evidence & Procedure Q&A 2010, Road Policing Q&A 2010, and General Police Duties Q&A 2010.
 
This product is not endorsed by the NPIA.

Readership: Part 1 police promotions examination candidates; police officers; police trainers.
 
Contents, 4 volumes
 
Blackstone's Police Q&A: Crime 2010
Blackstone's Police Q&A: Evidence and Procedure 2010
Blackstone's Police Q&A: Road Policing 2010
Blackstone's Police Q&A: General Police Duties 2010

Review(s) from previous edition
 
"Review(s) from previous edition
 
"Blackstone's Q&A books give excellent preparation questions for anyone taking the promotion exam. The range of questions tests knowledge across the entire syllabus - Detective Sergeant Nick Yellop, Metropolitan Police Service


Blackstone's Police Manuals
Edition: 2010: Four Volume Set
Format: Paperback
Authors: Glenn Hutton, Gavin McKinnon, Simon Cooper, Michael Orme, and David Johnston
Paul Connor and Fraser Sampson
ISBN: 978-0-19-957600-5
Publishers: Oxford University Press
Price: £59.99
Publication Date: 20 August 2009
 
Publisher's Title Information
 

The only official study guides for the OSPRE Part 1 Police Promotion Examinations in England and Wales - endorsed by the National Policing Improvement Agency
The exam is based exclusively on the contents of the Blackstone's Police Manuals, making them an essential investment for candidates
Fully revised and updated for 2010 with new case law and legislation including the Criminal Justice and Immigration Act 2008, the Serious Crime Act 2007, the Criminal Evidence (Witness Anonymity) Act 2008, new offences under the Road Safety Act 2006, the Counter-Terrorism Act 2008, and the Police (Conduct) Regulations 2008, as well as updates to the PACE Codes of Practice
Distinguished author team of police law experts with Paul Connor and Fraser Sampson as consultant editors
Written and developed for police officers by police officers - targeted directly at the needs of the police
Keynotes by the authors break up statutory text and common law, providing clear and concise analysis of important areas
Comprehensive cross-referencing with other Blackstone's Police Manuals to make revision easier
Systematic arrangement of of information and materials offers exceptional clarity
Common-sense indexing and essential cross-referencing
 

New to this edition
 
Fully revised and updated for 2010 with new case law and legislation including the Criminal Justice and Immigration Act 2008, the Serious Crime Act 2007, the Criminal Evidence (Witness Anonymity) Act 2008, new offences under the Road Safety Act 2006, the Counter-Terrorism Act 2008, and the Police (Conduct) Regulations 2008, as well as updates to the PACE Codes of Practice
 
Blackstone's Police Manuals are the leading police reference texts in the UK. In addition to being the only official study guides for the police promotion examinations in England and Wales, and a recognised text for student police officers, the Manuals have quickly established themselves as the definitive reference sources for all who have involvement with police law and procedure. The Manuals have been written in consultation with police forces across England and Wales, and are endorsed by the National Policing Improvement Agency for OSPRE Part 1 Promotion Examinations.
 
Blackstone's Police Manual Volume 1: Crime 2010
Blackstone's Police Manual Volume 2: Evidence and Procedure 2010
Blackstone's Police Manual Volume 3: Road Policing 2010
Blackstone's Police Manual Volume 4: General Police Duties 2010
 

The Authors

Glenn Hutton, Private consultant to organisations concerned with recruitment and selection by way of assessment of examination, Gavin McKinnon, Chief Superintendent and Director of Corporate and Public Affairs at the National Policing Improvement Agency, Simon Cooper, Senior Lecturer in Law, University of Salford, Michael Orme, Former Road Traffic Policing Officer with Greater Manchester Police, and David Johnston, Barrister and Superintendent in the Metropolitan Police Service
Paul Connor, Police Training Consultant, and Fraser Sampson, Chief Executive, West Yorkshire Police Authority
Review(s) from previous edition
 
"I am amazed at the amount of detail and links to case law that the author(s) have contributed. - Stuart K Fairclough, Metropolitan Police Trainer
"For my own promotion exams, the manuals proved to be an excellent resource. They are logical, authoritative and easy to understand. They are most 'thumbed' books in our station. " - Sergeant Kevin Whitehouse, West Midlands Police
"The manuals are an excellent training and reference work. They are pitched at a level which is appropriate for all, from the new student officer to those studying for promotion to higher rank. I would recommend them to every officer wishing to improve or maintain their knowledge of law, police duties and procedures." - Paul Murphy, Greater Manchester Police

An example of the contents of the manuals is given below with the Crime manual.


Blackstone's Police Manual Volume 1: Crime 2010
Edition: 12th
Format: Paperback
Authors: Paul Connor and Fraser Sampson
ISBN: 978-0-19-957601-2
Publishers: Oxford University Press
Price: £16.50
Publication Date: 20 August 2009
 

Publisher's Title Information
 
The only official study guide for the OSPRE Part 1 Police Promotion Examinations in England and Wales - endorsed by the National Policing Improvement Agency
The exam is based exclusively on the contents of the Blackstone's Police Manuals, making them an essential investment for candidates
Fully revised and updated for 2010 with new case law, legislation, and amendments including coverage of the Criminal Justice and Immigration Act 2008, the Serious Crime Act 2007, the Proceeds of Crime Act 2002, the Corporate Manslaughter and Corporate Homicide Act 2007, and updates on Cannabis reclassification
Distinguished author team of police law experts with Paul Connor and Fraser Sampson as consultant editors
Written and developed for police officers by police officers - targeted directly at the needs of the police
Keynotes by the author breaks up statutory text and common law, providing clear and concise analysis of important areas
Comprehensive cross-referencing with other Blackstone's Police Manuals to make revision easier
Systematic arrangement of information and materials offers exceptional clarity
Common-sense indexing and essential cross-referencing
 

New to this edition
 
New for 2010 - fully updated to include coverage of the Criminal Justice and Immigration Act 2008, the Serious Crime Act 2007, and updates on Cannabis reclassification
New content on the Proceeds of Crime
Blackstone's Police Manuals are the leading police reference texts in the UK. In addition to being the only official study guides for the police promotion examinations in England and Wales, and a recognised text for student police officers, the Manuals have quickly established themselves as the definitive reference sources for all who have involvement with police law and procedure. The Manuals have been written in consultation with police forces across England and Wales, and are endorsed by the National Policing Improvement Agency, for OSPRE Part 1 Promotion Examinations.
 
Blackstone's Police Manual Volume 1 Crime: 2010 covers all aspects of criminal law and procedure from a police officer's perspective. The 2010 edition has been fully revised and updated to incorporate all recent legislative developments and case law, including coverage of the Criminal Justice and Immigration Act 2008, the Serious Crime Act 2007, the Proceeds of Crime Act 2002, the Corporate Manslaughter and Corporate Homicide Act 2007, and updates on Cannabis reclassification. The 2010 edition also includes a new section on Proceeds of Crime. Relevant subjects covered include Homicide, Sexual Offences, Fraud, State of Mind and Offences against the Person.
 
The Manuals continue to be the most accessible, relevant, and focussed revision materials for Promotion Examinations. They are widely used in the professional development of police officers in a variety of roles making them essential reading for anyone with an interest in police and criminal law. Whether you are a serving police officer or police trainer, a practitioner, advisor, or researcher, Blackstone's Police Manuals 2010 are an essential purchase.
 
The other three titles in the series are: Volume 2: Evidence and Procedure 2010, Volume 3: Road Policing 2010, Volume 4: General Police Duties 2010.
 

Readership
 
Primary: Police officers taking the sergeants and inspectors OSPRE promotion examination. Secondary: IPLDP student officers; qualified and serving police officers and police trainers.
 
Contents

 
1.1: State of Mind
1.2: Criminal Conduct
1.3: Incomplete Offences and Police Investigations
1.4: General Defences
1.5: Homicide
1.6: Misuse of Drugs
1.7: Non-Fatal Offences Against the Person
1.8: Miscellaneous Offences Against the Person
1.9: Sexual Offences
1.10: Control of Sex Offenders
1.11: Child Protection
1.12: Theft and Related Offences
1.13: Fraud
1.14: Criminal Damage
1.15: Offences Against the Administration of Justice and Public Interest
1.16: Offences Arising from Immigration, Asylum and People Exploitation

Reviews of Both Road Policing (Manual and Q&A)
 
These two volumes together have been written by highly experienced police officers for the use of other police officers, and provide the only officially authorised study material for officers taking the road policing section of the OSPRE police promotion examination, either at Sergeants or Inspectors level. They carry the endorsement of the National Policing Improvement Agency. The promotion examinations are based on the contents of these manuals, and as such are an essential investment for all those setting out to pass the relevant promotion examination. They are also of use as a reference volume for all those involved in dealing with road traffic offences.
 
The manual is clearly set out with the following sections dealing with different aspects of the law relating to road traffic offences
 
Classifications and Concepts
Offences Involving Standards of Driving
Notices of Prosecution
Accidents and Collisions
Drink, Drugs and Driving
Insurance
Safety Measures
Other Matters Affecting Safety
Construction and Use
Driver Licensing
Fixed Penalty System
Forgery and Falsification of Documents
 
With the exception of the first section, which sets out the legal definitions of the wide range of concepts relating to road traffic matters, each of the sections follow a similar format. Offences are set out in clear and concise language with a full and detailed explanation of all issues such as maximum penalties, exceptions and other conditions provided, together with references for any relevant stated cases. Following the explanation of each offence, the authors provide a 'keynote' panel setting out the most important elements that need to be satisfied for the offence to be complete. Some of these 'keynote' panels also provide descriptions of real cases that serve to illustrate some important aspect of the offence under discussion.
 
The Q & A partner volume to the manual is set out in the same format as the manual with its sections following the same order. Each section contains a series of multi-choice questions which follow the order of offences set out in the manual, making reference to the relevant section of the manual an easy matter. Each question is set out in a similar manner, with a short description of a situation containing a possible offence followed by a question and a series of possible answers. Following each section of questions is a section providing the answers to each question. Each answer is fully explained with references to the relevant section of the appropriate statute, and also to any relevant stated cases. In the back of this volume is a question check-list so that the person attempting the questions can keep a record of their success or other wise.
 
The two volumes provide a perfect partnership for all those studying for the promotion examinations. I am impressed by both the comprehensive coverage of the law relating to road traffic matters and also by the clarity of the layout and the language used. Studying for examinations is never easy and can be daunting to many. The use of this manual together with the Q & A volume will provide officers with confidence in both the accuracy and breadth of their knowledge.
 
David Emmett


The Emergency Planning Officers' Handbook
Edition: 1st
Format: Paperback
Authors: Brian Dillon
Ian Dickinson, John Williamson, and Frank Whiteford
ISBN: 978-0-19-956136-0
Publishers: Oxford University Press
Price: £29.99
Publication Date: 26 February 2009
 
Publisher's Title Information
 

Shows the reader how to create robust and effective plans
Offers solutions to potential dilemmas to ensure officers choose the right exercise to test and evaluate plans
Offers a detailed examination of the debrief process to ensure lessons are learnt and taken up by organizations
Includes outlines and explanations of tasks, procedures, and co-ordination with emergency response teams, alongside practical features including models, examples, and summaries
The only book of its kind to offer practical advice and guidance nationally on how to prepare plans and conduct exercises aimed at the police and emergency services
Explains all the key aspects of emergency plans in a step-by-step, accessible way
Clarifies the role of each of the main agencies involved in emergency planning to give the reader a greater understanding of what to expect, so that they can better integrate each organisation into an exercise
Pocket-sized and weatherproof, the book is designed to be carried by Emergency Planning Officers in the course of their duty
This practical guide to emergency planning covers all the essential knowledge and skills required for those involved in the preparation and testing of emergency plans, as outlined by the Civil contingencies Act 2004. The author elucidates the processes involved, explains why the relevant steps are in place, and offers valuable advice to those called upon to operate within a dynamic emergency management environment.
 
Intended for emergency planning managers in the police, emergency services, and other large public, private, or voluntary organizations, this book illustrates how emergency planners can meet their statutory obligations and build robust, resilient strategies through effective emergency planning. Various types of exercises are examined in detail, supported by easy-to-follow checklists and diagrams showing the reader how to build the right exercise and scenario to test and evaluate plans. The book also covers how the emergency response is managed by each of the main agencies involved so that they can be better integrated into exercises and plans.
 
This is a must-have have guide for Emergency Planning Officers, Civil Contingencies Officers, and all those engaged in business continuity.
Readership: The primary market is predominantly Emergency Planning Officers within the police, fire, ambulance, coastguard, local authorities, primary care trusts, members of the 60 local resilience forums, utility companies and other public bodies such as the Environment Agency. There is potentially a secondary market among risk managers of large private companies and students on courses studying resilience and contingency planning.
 

Contents
 
Introduction
1: Why Exercise?
2: Creating Your Plans
3: The Emergency Response
4: Choosing Your Exercise
5: Exercise Management
6: Planning Your Exercise
7: How to Run Your Exercise
8: Debriefing
 

The Authors
 
Brian Dillon, Emergency Management Consultant, formerly of Lancashire Police
Ian Dickinson, Former Deputy Chief Constable of Lothian & Borders Police, John Williamson, Chairman of the Institute of Fire Safety Managers, and Frank Whiteford, Associate Director of Health Service Resilience in the North West


Principles of Criminal Law
Edition: 6th
Format: Paperback
ISBN: 978-0-19-954197-3
Author: Andrew Ashworth
Publishers: Oxford University Press
Price: £31.99
Publication Date: 07 May 2009
 
Publisher's Title Information

Principles of Criminal Law provides a refined analysis of the theoretical foundations which shape the statutory provisions and case law. Stimulating discussion of the topics crucial to criminal law courses ensures that you are treated to sophisticated insight into the core of the subject - essential for anyone wanting an in-depth and engaging exploration of criminal law.
Andrew Ashworth's discerning examination of the law is continued in this sixth edition which has been fully updated with developed coverage of the law relating to sexual offences, as well as detailed examination of all the latest developments including the Corporate Manslaughter and Corporate Homicide Act 2007, and the government's proposed reforms of homicide law.
Goes beyond the traditional format and structure of criminal law textbooks, offering an original and successful blend of doctrinal and theoretical analysis, encouraging students to think beyond issues of policy and theory towards a deeper understanding of the subject
Concise yet thorough explanation of complicated arguments with a fluent style that engages readers, making the law and its theoretical background accessible
Refers to a wide variety of useful resources for students both in the main body of the text and in footnotes and further reading lists, providing students with a definitive research and reference tool.

New to this edition
 
Fully updated to cover all of the latest cases and legislative developments, including the Corporate Manslaughter and Corporate Homicide Act 2007, the Serious Crime Act 2007, the Law Commission report on murder, the Criminal Justice and Immigration Act 2008, and the Fraud Act 2006
 
More detail on Sexual Offences now included
 
Chapter overviews and a detailed table of contents added in order to help aid navigation
Further reading lists added to each chapter to help focus further research
 
Principles of Criminal Law, now in its sixth edition, takes a distinctly different approach to the study of criminal law, whilst still covering all of the vital topics found on criminal law courses. Uniquely theoretical, it seeks to elucidate the underlying principles and theoretical foundations of the criminal law, and aims to critically engage readers by contextualising and analysing the law.
 
This edition continues to fulfil this remit, whilst incorporating all of the most recent developments, such as the Corporate Manslaughter and Corporate Homicide Act 2007, the Serious Crime Act 2007, the Law Commission report on murder, the Criminal Justice and Immigration Act 2008, and the Fraud Act 2006.
 
This is essential reading for students seeking a sophisticated and critically engaging exploration of the subject.

Contents
1: Criminal justice and the criminal law
2: Criminalization
3: Principles and policies
4: Criminal conduct: Actus Reus, causation and justification
5: Criminal Capacity: Mens Rea and fault
6: Excusatory defences
7: Homicide
8: Non-fatal violations of the person
9: Offences of dishonesty
10: Complicity
11: Inchoate offences
 

Review(s) from previous edition
 
"Ashworth provides an elegant and authoritative account of the underlying principles , policies and doctrines of the criminal law - Russell Heaton, Nottingham Law Journal 2004 Vol 13(1)
 
"This book will become a classic introduction for law students...coherent and accessible...its insight will stimulate all but the most cynical observer of the operation of criminal law in England and Wales " - Times Higher Education Supplement
 
"A valuable addition to the libraries of all criminal lawyers...a comprehensive, eloquent work on criminal law principles and their application" - The Criminal Law Quarterly
 
The Author
Andrew Ashworth, Vinerian Professor of English Law,All Souls College, University of Oxford

Textbook on Criminal Law
Edition: 10th
Format: Paperback
Author: Michael Allen
ISBN: 978-0-1 9-9551 34-7
Publishers: Oxford University Press
Price: £26.99
Publication Date: 18th June 2009
 
Publisher's Title Information
 

Closely covers all the areas studied on mainstream criminal law courses in sufficient detail without being overwhelming, providing students new to the subject with the ideal balance of coverage
 
Straightforward, jargon free approach and forthright attitude towards the legal and judicial process helps students feel comfortable with the subject and develop their own critical skills
Further reading sections at the end of each chapter provide students preparing essays with a carefully targeted starting point for research
 
Boxed examples, case fact summaries, key points, and questions help to highlight important points, break the text down, and aid effective learning
 
Two colour text design helps to further highlight key features and aids navigation of the text
 

Key coverage
 
Discussion of the latest case law developments including: Wood [2008], Ali [2008], Kennedy No. 2 [2007], Bree [2007], Heard [2007] and Gore [2007].
 
Includes coverage of the Criminal Justice and Immigration Act 2008, and the reform proposals on murder, manslaughter and infanticide.
 

Contents
 
1 Introduction
2 Actus reus
3 Mens rea
4 Negligence and strict liability
5 Capacity and incapacitating conditions
6 General defences
7 Parties to crime
8 Inchoate offences
9 Homicide
10 Non-fatal offences against the person
11 Offences under the Theft Acts 1968 and 1978:theft and related offences
12 Fraud
13 Further offences under the Theft Acts
14 Criminal damage
 
Online resource centre
 
Visit the accompanying Online Resource Centre for twice yearly updates to the law, and an additional chapter on Misuse of Drugs Act Offences.
 
The Author

 
Michael Allen is a Commissioner at the Criminal Cases Review Commission and a former Professor of Law at Newcastle Law School.
 
Fully updated and detailing the law as it is, whilst offering a critical approach, Michael Allen's concise yet stimulating discussion of the legal and judicial process will ensure that you feel confident with the workings of the subject, and develop your critical skills.
The carefully organised subheadings and clear two colour design ensures the text is effectively broken down and made easy to digest. Each chapter concludes with a list of carefully selected references to direct you to further reading making it a valuable starting point for additional research.
 

Praise for previous editions:
 
...Textbook on Criminal Law' by Michael Allen... provides a comprehensive and clear account of this area of law...excellent commentary is combined with extracts from cases and journals allowing the reader to quickly understand the principles. The Student Law Journal

 
"This book is extremely thorough and covers all the relevant subjects for the study of criminal law in admirable detail. One could therefore be confident as a student that purchasing the book would equip you for all eventualities. Diana Bretherick, British Society of Criminology Newsletter 2006 - on a previous edition


Smith and Hogan Criminal Law: Cases and Materials
Edition: 10th
Format: Paperback
Author: David Ormerod
ISBN: 978-0-19-921869-1
Publishers: Oxford University Press
Price: £29.99
Publication Date: 28 May 2009
 
Publisher's Title Information
 

Provides extracts from key cases, legislation, statutes, books, articles and reports to give readers a thorough grounding in the principles of criminal law.
 
Introductory notes, commentary, and questions provide context and give readers an insight into the problems the law poses and faces.
 
Works as the perfect companion to Smith and Hogan Criminal Law; the two titles comprise the complete and definitive guide to the subject.
 
For anyone studying criminal law it is essential to have a thorough understanding of the significance of the key cases in the area and the legal principles they illustrate; for generations Smith and Hogan has fulfilled this need. It has become renowned for its authoritative exposition of the law, selection of case extracts, critical analysis and challenging hypothetical questions.
 
The original and definitive casebook on criminal law, Smith and Hogan Criminal Law Cases and Materials provides carefully selected extracts from important cases and other materials ranging from statutes and reports to books and articles. Introductory notes provide context and link the extracts from materials, whilst the integrated questions encourage critical analysis and thinking.
 
This tenth edition incorporates new chapters dealing with the Fraud Act 2006 and Serious Crime Act 2007 as well as full coverage of the Corporate Manslaughter and Corporate Homicide Act 2007. It has also been fully updated to reflect significant new criminal law cases. It examines the latest proposals from the Law Commission on Homicide, Participating in Crime, Conspiracy and Attempts, and Intoxication
 

1: Introduction
2: The elements of a crime
3: Causation
4: Omissions
5: Fault
6: Proof
7: Intoxication
8: Strict liability
9: Parties to offences
10: Vicarious liability and liability of corporations
11: Mental abnormality
12: General defences
13: Assisting and encouraging: Serious Crime Act 2007
14: Conspiracy
15: Attempt
16: Impossibility and preliminary offences
17: Murder
18: Voluntary manslaughter
19: Involuntary manslaughter
20: Non-fatal offences against the person
21: Sexual offences
22: Theft
23: Robbery
24: Temporary deprivation offences
25: Making off without payment
26: Fraud
27: Blackmail
28: Burglary and related offences
29: Handling stolen goods
30: Offences of damage to property
 

Author
 
David Ormerod, Professor of Criminal Justice at Queen Mary, University of London, and a Barrister at 18 Red lion Court, London
 

Student quotation:
 
"the quotations from judgments are long enough to allow readers to get their teeth into, whilst not being so long as to be too daunting for a first year student. I think the questions are excellent signposts for the reader, especially a new undergraduate who is learning how to study law as it gives them ideas of some issues to think through for themselves."
Tharini Sumanthiran (recent law graduate
 

Review(s) from previous edition
 
""The extracts selected are well chosen and direct the reader to the key passages in the relevant case law." - Times Higher Education Supplement


The Politics of Crime Control
Essays in Honour of David Downes
Edition: 2009
Format: Paperback
Author: Tim Newburn and Paul Rock
ISBN: 978-0-19-956595-5
Price: £24.99
Publishers: Oxford University Press
Publication Date: 15 January 2009 (1st Published 2006)
 

Publisher's Title Information
Contributors include leading British criminologists: Stanley Cohen, Robert Reiner, Dick Hobbs, Frances Heidensohn, Nicola Lacey, and Rod Morgan.
 
Covers a broad range of comparative criminological theory including: penal cultures within the United States, restorative justice in Colombia, New Labour's politics and policy in relation to dangerous personality-disordered offenders, the legal construction of torture, and the future for a social democratic criminology.
 
Contains an inside account of policy-making under New Labour
 

Contents
 
1: Tim Newburn, Paul Rock: David Downes: An Introduction
2: Robert Reiner: Beyond Risk: A Lament For Social Democratic Criminology
3: Andrew Rutherford: Dangerous People: Beginnings of a New Labour Proposal
4: Rod Morgan: With Respect to Order, the Rules of the Game have Changed: New Labour's Dominance of the 'Law and Order' Agenda,
5: Dick Hobbs: East Ending: Dissociation, De-industrialisation and David Downes
6: Lucia Zedner: Opportunity Makes the Thief-Taker: The influence of economic analysis on crime control
7: Frances Heidensohn: Contrasts and Concepts: Considering the Development of Comparative Criminology
8: Nicola Lacey: Historicising Contrasts in Tolerance
9: Tim Newburn: Contrasts in Intolerance: Cultures of Control in USA and Britain
10: Declan Roche: Governance and Restorative Justice in Cali, Colombia
11: Stan Cohen: Neither Honesty Nor Hypocrisy: The Legal Reconstruction of Torture
1: Tim Newburn, Paul Rock: David Downes: An Introduction
2: Robert Reiner: Beyond Risk: A Lament for Social Democratic Criminology
3: Andrew Rutherford: Dangerous People: Beginnings of a New Labour Proposal
4: Rod Morgan: With Respect to Order, the Rules of the Game have Changed: New Labour's Dominance of the 'Law and Order' Agenda,
5: Dick Hobbs: East Ending: Dissociation, De-industrialization and David Downes
6: Lucia Zedner: Opportunity Makes the Thief-Taker: The Influence of Economic Analysis on Crime Control
7: Frances Heidensohn: Contrasts and Concepts: Considering the Development of Comparative Criminology
8: Nicola Lacey: Historicizing Contrasts in Tolerance
9: Tim Newburn: Contrasts in Intolerance: Cultures of Control in the United States and Britain
10: Declan Roche: Governance and Restorative Justice in Cali, Colombia
11: Stan Cohen: Neither Honesty Nor Hypocrisy: The Legal Reconstruction of Torture
 

Contributors:
 
Tim Newburn,
Paul Rock
Robert Reiner
Andrew Rutherford
Rod Morgan
Dick Hobbs
Lucia Zedner
Frances Heidensohn
Nicola Lacey
Tim Newburn
Declan Roche
Stan Cohen


Forbidden Drugs
Edition: 3rd
Format: Paperback
Author: Philip Robson
ISBN: 978-019955961
Publishers: Oxford University Press
Price: £14.99
Publication Date: 16 July 2009
 
Publisher's Title Information
 

A readable and authoritative account of the medical, legal and social aspects of recreational drug use including alcohol and tobacco.
Compares and contrasts the different drug policies adopted throughout the world
Brings together the relevant scientific studies, as well as user experiences, to provide an realistic and evidence-based account.

Contents

1: Why use drugs?
2: The consequences of drug use
Part 2
3: Alcohol
4: Tobacco
5: Cannabis
6: Cocaine, amphetamine, and other stimulants
7: Psychedelics and hallucinogens
8: The inhalants
9: Ecstasy and other 'party drugs'
10: Anabolic steroids
11: Tranquillizers and sleeping pills
12: Heroin and the opioids
13: The nature of addiction
14: Helping problem drug users
15: International drug policy - is it working?
The Author
 
Philip Robson, Senior Research Fellow and Honorary Consultant Psychiatrist, Oxford University Department of Psychiatry, Warneford Hospital, Oxford, UK

Contributors:
 
Dr Ethan Russo, Neurologist, Ethnobotanist and acknowledged expert on plant medicines and psychoactive herbs, M.D., University of Massachusetts, USA
Robert L. DuPont, President, Institute for Behaviour and Health, Rockville, MD, USA
Ethan Nadelmann, Executive Director, Drug Policy Alliance, New York, USA

Review(s) from previous edition
 
"The author has provided a very comprehensive cover of all of those aspects of drug misuse as well as a succinct critique of official policy with proposals for future action. Recommended for both professional and general readers. - Journal of the Institute of Health Education
"Did you know that during the First World War, gifts sold by Harrods included a kit of morphine, a syringe and spare needles? It's one of the many fascinating facts in Dr Philip Robson's book Forbidden Drugs." - Leslie Toulson, Woman's Realm
 
"This book is an excellent introduction to the common drugs of abuse and is a model of good composition...The book is densely packed with facts and information, synthesizing a large body of research, but also containing much information that is so intrinsically interesting that it is a pleasure to 'dip into' at random." - Bill Plummer, Addiction Biology
 
"Dr Phil Robson has written a wise and humane book, which avoids the easy generalizations and tired shibboleths of the "drug debate" for an informed and interesting perspective. Thank heavens there are still professionals who are prepared to go against the grain of contemporary drug policy and offer some innovative and forward-looking solutions to the problem of drug use. I urge anyone interested in the issues surrounding illegal drugs to read this book. Will Self"
"Philip Robson has brought his excellent Forbidden Drugs up to date. In the public jousting to condemn a small group of drugs as evil, addictive and a threat to civilisation, Robson's cool look at the history, content and use of drugs is refreshing." - New Scientist
 
"I have yet to find a better book on the subject." - The Sunday Mirror

Crime Scene Management
Edition: 1st
Format: Paperback
Author: Deborah Beaufort-Moore
ISBN: 978-0-19-956045-5
Publishers: Oxford University Press
Price: £24.99
Publication Date: 12 March 2009
 
Publisher's Title Information
 

Covers the basic principles of the main evidential types typically found at crime scenes, such as fingerprints, DNA, glass, footwear, paint, and fibres
 
Gives an overview of the science behind the types of forensic analysis
 
Offers step-by-step guidance on preservation and recovery, packaging, and storage techniques
Scenarios and question/answer sections enable readers to undertake individual knowledge checking and self-assessment
 
This practical book deals with the subject of crime scene management and evidence recovery, offering step-by-step guidance on the techniques involved alongside clear scientific explanations for the non-specialist. This invaluable practical guide is a must-have for the first responder; whilst crime scene investigators are trained to undertake more detailed forensic examination, the actions of first responders make an important difference to the success of an examination. The book will increase awareness of the forensic aspects of a crime scene investigation, including the various analysis techniques available, so that crime scene officers are better equipped to make informed decisions about protecting and preserving scenes and recovering items for evidence.
 
This guide offers structured advice on the techniques involved in the preservation, recovery, packaging, and storage of different evidential types such as fingerprints, DNA, glass, footwear, paint, and fibres. It also provides an overview of the science behind the various types of forensic analysis, along with all the relevant legislation. The discussion of each aspect of crime scene management is supplemented with practical tips, scenarios, and questions and answer sections to test understanding.
 
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.

 
Readership: Primary: scenes of crime officers (first responders), student police officers, junior investigators, Specials, PCSOs, and students on forensic science and crime scene investigation courses at Universities and further education colleges. Secondary: officers who are considering becoming crime scene investigators, force training units and force libraries, more senior investigators, and operational officers.


Contents
1: Crime Scene Management
2: Fingerprints
3: DNA
4: Footwear Marks
5: Glass
6: Paint
7: Toolmarks
8: Hairs and Fibres
9: Document Evidence
10: Packaging and Storage Techniques
11: Evidence Recovery from Suspects in Custody

The Author
Deborah Beaufort-Moore, Forensic Training Manager at Wiltshire Police and Assessor for the Council for Registration of Forensic Practitioners

Review
 
This is a very practical book, which not only provides an introduction to crime scene protection, preservation and basic evidence recovery for 'first response officers', but also includes in-depth details of all aspects of this complicated subject. This book will be a valuable resource not only for Crime Scene Examiners, Crime Scene Managers and Investigating Officers, but also for Police Officers in general.
 
The author has concentrated throughout the book on the role of the first responding officer, because, as the author states “The first responding officer is absolutely crucial in the success or otherwise of a forensic examination”.
 
The book also emphasises one of my pet subjects - the recovery, packaging and storage of potential forensic material. When teaching this subject I would always impress upon my students the fact that if an item is not recovered, packaged, preserved or stored correctly, then no amount of scientific examination at a laboratory will recover evidence that has been lost or contaminated, and of course there is almost always no opportunity to revisit a crime scene to gather evidence in the correct manner.
 
As the author states in her preface, “There can be numerous defences regarding the presence of forensic material and it is imperative that an investigator is aware of potential defences and ensures a thorough and robust investigation in order to put any forensic evidence into context. Forensic analysis alone will not solve crimes”.
 
This book has been well thought out making quick referencing easy.
The book covers the basic principles of evidential types found at crime scenes, and provides a step-by-step guide to preservation and recovery, packaging and storage techniques. It also has case studies, examples, and question and answer sections that enable readers to undertake individual knowledge checking and self assessment.
 
Another, (in my view), important inclusion, which makes this publication so useful, is the relevant Student Officer National Occupational Standards to allow readers to link the content directly to their role.
 
At the start of the book there is a very useful 'Table of Legislation' which not only covers relevant UK Statutes, but also Codes of Practice and European Legislation. This is followed by a Glossary of Terms and abbreviations.
 
Each chapter is well constructed with an introduction at the beginning and a chapter summery at the end which includes a 'knowledge check', a summary of the National Occupational Standards (NOS) for the Student Officer Learning Assessment Portfolio (SOLAP) relating to that chapter, and also a list of recommended further reading.
 
There are 14 chapters in this publication, and I do not intend to review each one individually, however, below I have listed them and included my comments on each.
 
Chapter 1.
Roles and Responsibilities in Crime Scene Investigations.
The chapter includes the roles and responsibilities within Scientific Support, key rolls in the investigations of serious and complex cases, and Health and Safety at Crime Scenes.
I was pleased to read the section on Crime Scene Co-ordinators regarding the situation where multiple scenes exist and the imperative need to ensure staffing resources to avoid any contamination or transfer of material by Crime scene examiners attending more than one scene, or the accusation of it at a later stage.
Included here is a very useful section on Coroners and Coroners Officers.
The section on Health and Safety at crime scenes is a must for any person, (Police or civilian), who may attend a scene. I am now fully aware of the potential risks involved with blood-born infections and other hazards, and I wish that such information were available to me many years ago when at a scene by the river Thames, I contracted Weil's disease.
 
Chapter 2.
Crime Scene Preservation and Management.
This chapter covers such subjects as - What is a crime scene? Potential forensic links, continuity and integrity of evidence, the roles of the first Officer, initial observations, cordons, scene logs, common approach paths and potential suspects. The chapter covers each of the subjects well and comprehensively.
 
Chapter 3.
Exhibit Handling.
I was pleased to see this important subject dealt with and painstakingly explained in an individual chapter. The chapter explains the principles of exhibit handling, the packaging of exhibits, various packaging materials and exhibit labels.
 
Chapter4.
Forensic Evidence Recovery from Persons.
This chapter explains forensic material on clothing, the recovery of non-intimate samples from persons in custody, firearms and explosive residue and Smartwater recovery.
The chapter covers this subject in detail including the legislative provisions regarding suspects, minimising the opportunity for transfer of material, particularly regarding the use of different custody suites, vehicles etc. for victim(s) and suspect(s), and the other evidence that may be obtained, and how to do that.
Included in this chapter is a very useful table of intimate and non-intimate samples and the conditions for obtaining such samples under PACE, (Police and Criminal Evidence Act 1984), and also considerations that should be made under Human Rights Legislation.

Chapter 5.
Fingerprints.
This chapter explains the types of fingerprint evidence that may be found at crime scenes, the role of the crime scene examiner, chemical development techniques for fingerprint recovery, the role of the fingerprint identification officer, the National Fingerprint Database, the taking of fingerprints, and the legislation which covers the taking of fingerprints from persons.
This well researched chapter covers and explains all aspects of fingerprints, their recovery and identification.
 
Chapter 6.
DNA - Deoxyribonucleic Acid.
This chapter explains in detail what DNA is, how profiles are obtained, and the results that may be passed to the Investigating Officer. Included here is a case study on the Omagh bombing appeal, which will make interesting reading not only for Forensic Scientists but also for Crime Scene Examiners and Investigating Officers.
The chapter explains what the National DNA Database is and how it works, familial searching, volunteer/elimination samples, and the Police elimination database.
There is a very comprehensive section on the various sources of DNA, and another on the recovery and preservation of DNA material.
Included in this chapter is the taking of DNA samples from persons, and new PACE sampling considerations.
 
Chapter 7.
Blood Pattern Analysis.
After the introduction to this chapter there is an excellent section on the principles of blood pattern analysis, and this is followed by sections explaining and illustrating the many different types of blood patterns and transfer bloodstains.
There follows a section which explains the techniques of locating and recovering blood at crime scenes, and the preservation of items for blood pattern analysis.
Included is information regarding chemical development techniques, and I was pleased to see a separate section on the whole subject of Health and Safety regarding blood.
All chapters include a case study pertinent to the subject matter. This case study in this chapter is of the Billie Jo Jenkins case. Different interpretations have been put regarding the blood patterns on the suspects clothing, and some of my students have in the past tried to replicate them. This case study makes interesting reading.
 
Chapter 8.
Sudden Deaths.
This chapter deals at some depth with post-mortem changes, body cooling, rigor mortis, cadaveric spasm, lividity and its development process.
There are sections explaining decomposition, the uses that entomology may have to an investigation, adipocere and mummification.
There is a comprehensive section regarding cause of death indicators, and another on drowning and suffocation.
Two other sections in this chapter worthy of note are those regarding the role of first Officers at scenes of sudden death, and identification of the deceased.
 
Chapter 9.
Firearms and Ballistic Evidence.
This chapter covers every aspect of this subject from the legal definition of a firearm, through the various types of firearm and ammunition. There is also a separate section on Tasers.
Included are photographs and figures that assist in the explanation of various points.
The sections on firearm recovery and the forensic recovery of bullets and cartridge cases I found to be excellent and well explained. I was also pleased to see a separate section on firearm discharge residue and the recovery of FDR from persons with emphasis on the problems of contamination especially with regard to police Firearms Officers.
 
Chapter 10.
Footwear, Tyre and Tool Marks.
The subject is explained in detail and includes sections on the recovery of footwear marks from scenes, footwear marks from suspects, searching and comparison of scene and suspect footwear marks, and the preservation of footwear evidence.
Tyre marks and their possible significance is covered adequately, and the section on tool marks, their different types and their recovery and comparison is explained very well.
 
Chapter 11.
Glass, Paint and Soils.
This is a very well written chapter which gives a wealth of information on this subject. The figures showing fracture patterns of breaking glass I thought were excellent, as was the figure describing and explaining chonchoidal lines on the broken edge of glass. The figure explaining the decreasing evidential value of glass fragments was I thought also worthy of note.
The subject of paint, (including vehicle paint), was good as was the section on soils. It was gratifying for me to see that the author explains here some of the possible drawbacks and problems that can occur with soil sample information and comparison.
 
Chapter 12.
Hairs and Fibres.
This is again an extensive chapter which covers everything from DNA in hair, how hair grows, the evidential potentials of hair and the physical and chemical analysis of hair.
The many faceted subject of fibres and dyes is adequately covered, and I was again pleased to see the author reiterate the problems that can occur with cross contamination if suspects and victims are not properly handled, particularly with regard to different officers packaging clothing etc. and transportation in police vehicles.
 
Chapter 13.
Drugs of Abuse.
This chapter contains a wealth of information on this subject from the different categories of drugs, the different types of drugs through to the analysis of drugs.
The section on cannabis includes useful information on cultivation, the recovery of plants, and an essential sampling guide for cannabis cultivation scenes.
There are sections on heroin, cocaine, amphetamines hallucinogens and club drugs.
There are sections concerning illicit laboratories, the forensic potential from drugs packaging and trace samples, and a very comprehensive Health and Safety guide on the whole subject.
 
Chapter 14.
Document Examination.
After an excellent introduction the chapter explains handwriting analysis, handwriting types, forged handwriting and sample signatures.
The next sections contain information regarding indented impressions, printed documents, ink and paper analysis and physical fits.
There is an excellent checklist for the recovery and preservation of documents which includes information on the order that certain examinations must be carried out in order to obtain the best results possible.
 
As I stated at the beginning of this review, I consider that this publication will be an important addition to the large number of books currently available on this subject. This publication stands out from the crowd because of the way it is constructed, the emphasis that the author places on 'knowledge checks' in each chapter, and the fact that it has been organised in such a way that quick referencing is always easy.
 
I recommend this publication, especially if you are involved in any way with the training of Police and/or the National Occupational Standards for the Student Officer Learning Assessment Portfolio.
 
 
Andy Day. 2009.


Blackstone's Guide to the Criminal Justice and Immigration Act 2008
Edition: 1st
Format: Paperback
Author: Edited by Maya Sikand
ISBN: 978-0-19-955382-2
Publishers: Oxford University Press
Price: £39.95
Publication Date: 29 January 2009
 
Publisher's Title Information
 

An excellent quick reference tool, logically organised and following the structure of the Act
Thorough yet concise narrative exploring how the law will work in practice
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.
 
The Criminal Justice and Immigration Act received Royal Assent in May 2008 and draws together a wide range of policy issues, from youth justice to 'foreign criminals'. A large part of the Act focuses on sentencing and is a response to our overcrowded prisons. The Act introduces important new offences (including incitement to hatred on the grounds of sexual orientation and possession of extreme pornographic images), and a number of significant changes to criminal law and procedure. The Act also expands on the range of civil 'behaviour orders' available in the criminal courts by extending the existing 'crack house' closure order regime for premises upon which anti-social behaviour takes place and by introducing a new Violent Offender Order. It also introduces a new restricted immigration status, following the Home Secretary's defeat in the Court of Appeal in the 'Afghan Hijackers' case in 2006.
 
This new Blackstone's Guide combines the full text of the Act with an expert narrative. It seeks to explain the scope and impact of the Act, including the civil liberties implications, and bring practitioners right up-to-date with this complex piece of drafting. Presented in a straightforward layout, it enables ease of use as a reference source.
 

Contents
1: Introduction
Overview
Sentencing and Prison Overcrowding
New Civil Orders
New Crimes
Foreign Criminals
Other Changes
Conclusions
2: Sentencing
Introduction
Custodial Sentences
Non-Custodial Sentences
Credit for Periods of Remand on Bail
Release and Recall of Prisoners
Youth Sentencing
3: Criminal Procedure and Appeals
Criminal Procedure
Criminal Appeals
4: New Criminal Offences
Overview
Extreme Pornography
Indecent Images of Children
Child Sex Offences
Hatred on the Grounds of Sexual Orientation
Offences Relating to Nuclear Materials and Facilities
Data Protection Offences
Nuisance or Disturbance on NHS Premises
Persistent Sales of Tobacco to Persons Under 18
Clarification of the Law of Self-Defence
Minor and Consequential Amendments
5: International Co-operation
Introduction
Recognition of Financial Penalties
Repatriation of Prisoners
Mutual Legal Assistance in Revenue Matters
6: Civil Orders in the Criminal Courts
Violent Offender Orders
Premises Closure Orders
Youth ASBOs and Related Orders
Sexual Offences: Orders and Notification Requirements
7: Police Misconduct and Industrial Action by Prison Officers
Police Misconduct
Industrial Action by Prison Officers
8: Foreign Criminals
Introduction
Background
Special Immigration Status
A New Exception to Automatic Deportation
Appendices
Appendix 1: Criminal Justice and Immigration Act 2008
Appendix 2: Commencement Order No 1: SI 2008/1466
Appendix 3: Commencement Order No 2: SI 2008/1586
Appendix 4: Commencement Order No 3: SI 2008/2712
Appendix 5: Commencement Order No 4: SI 2008/2993


The Author
 
Edited by Maya Sikand, Barrister, Garden Court Chambers.
 
Contributors:
 
All contributors are barristers at Garden Court Chambers. Kate Aubrey-Johnson Adrian Berry Brenda Campbell Anya Lewis Anna Morris Tom Wainwright.

Review
 
Owen Davies QC concludes his Foreword with the words. 'we need this book'. Twelve Parts and twenty-eight Schedules with only one Part dealing with Immigration and other Parts, which go far beyond the remit of criminal justice, sum up what is described at the Bill stage as ill- conceived and poorly constructed. Indeed Owen Davies QC when referring to the 'Tony Martin Section' - Part 5, Section 76 states, 'it is no different from the law as I have always understood it to be'. Having read the section of the statute, I agree and, moreover the author tells us at Page 106 4.171 that 'the previous law is not abolished and the new section does not cover all elements of self-defence' So much for clarification! See also 'Self-defence in Criminal Law, Hart Publishing. http://www.rjerrard.co.uk/law/hart/hart.htm#selfd and 'Killing in self-defence, Oxford University Press. http://www.rjerrard.co.uk/law/oup/oup1.htm#sdefence
 
This and other new offences are some of the 'nice ideas', as described by Edward Garnier MP. It (the Statute) is simply a collection of nice ideas. This book will guide you through these nice ideas and in addition to sentencing and criminal justice there are the following new offences:-
 
Extreme pornography
Indecent images of children
Child sex offences
Hatred on the grounds of sexual orientation
Offences relating to nuclear materials and facilities
Data protection offences
Nuisance or disturbance on National Health Service premises
Persistent sales of tobacco to persons under 18
Clarification of the law of self-defence
 
We also have international co-operation, civil orders in the criminal court, Police misconduct and industrial action by Prison Officers and, I nearly forgot, Part 8 is about Immigration. Reading the title you could be forgiven for thinking that this Statute is all about Immigration.
 
What is extreme pornography? Here the authors discuss whether this offence was necessary. The background to this is discussed with the case of R v Brown (A) [1994] 1 AC 212 HL See http://www.rjerrard.co.uk/law/cases/brown.htm for the Court of Appeal decision.
 
The Act at Part 5, Section 69 extends the definition of a 'photograph' when dealing with offences involving indecent images of children.
 
69 Indecent photographs of children: England and Wales
 
“(4A) References to a photograph also include
(a) a tracing or other image, whether made by electronic or other means (of whatever nature)
(i) which is not itself a photograph or pseudo-photograph, but
(ii) which is derived from the whole or part of a photograph or pseudo-photograph (or a combination of either or both); and
(b) data stored on a computer disc or by other electronic means which is capable of conversion into an image within paragraph (a);
and subsection (8) applies in relation to such an image as it applies in relation to a pseudo-photograph.”
(4) In section 7(9)(b) (meaning of indecent pseudo-photograph), for “a pseudo-photograph” substitute “an indecent pseudo-photograph”.
 
Do we need the offence of 'nuisance and disturbance on NHS premises? How did Police Officers manage in the past? I know the answer, as do thousands of other Police Officers. More and more law to learn is not the answer.
 
A review can only touch upon a few details, however this guide will provide detailed explanations and criticisms as well as a full copy of the act the consequences of which will provide work for Lawyers.
 
Rob Jerrard


Blackstone's Counter-Terrorism Handbook
Edition: 1st
Format: Flexicover
Author: Andrew Staniforth
ISBN: 978-0-19-955980-0
Publishers: Oxford University Press
Price: £21.99
Publication Date: 19 March 2009
Publisher's Title Information
 

The first book on counter-terrorism aimed specifically at the police and their counter terrorism training needs
Draws together anti-terrorism legislation and practical information and advice on CT structures and strategies in one volume
Summarises the roles and functions of key organisations (from M15 to HM Revenue & Excise) and outlines the government's CONTEST strategy
Includes case studies and practical scenarios to illustrate the practical application of the legislation
Legislation is drawn from the highly respected PNLD and designed in the same portable format as the successful Blackstone's Operational Handbook - a quick and easy reference tool for patrol officers
Includes a one-page summary of each Proscribed Organisation listed under the Terrorism Act 2000
 
Policing counter-terrorism forms a central strand of the 2009-2012 National Policing Plan, under which all police officers are expected to have a basic understanding of policing counter-terrorism and anti-terrorism legislation. The timely publication of this invaluable and user-friendly book provides non-specialist patrol officers with a practical guide to both the national and police counter-terrorism structures and strategies and the relevant provisions of anti-terrorism legislation, drawn from the Police National Legal Database. Designed in the same portable, weather-proof style as the successful Blackstone's Operational Handbook, this book is an ideal practical resource - a quick and easy reference tool when on the beat.
 
The book is divided into two parts, offering readers both a helpful and informative history and context to policing counter-terrorism as well as all the relevant legislation, drawn from and linked to the government-sponsored Police National Legal Database. Part 1 of the Handbook provides readers with an operational framework and context to counter-terrorism. It summarises the different types of terrorist organisations, featuring a comprehensive list of Proscribed Organisations with a page devoted to the key facts for each. The first part also outlines the police counter-terrorism structure, the Government's CONTEST strategy, and the roles and functions of key organisations (from M15 to HM Revenue & Excise). All this information is supplemented with case studies, practical scenarios and checklists, to illustrate the practical application of the legislation. Part 2 is devoted to counter-terrorism legislation itself, focussing primarily on police powers and procedures. These provisions are accompanied by explanatory notes, related case law and points to prove, ensuring that the information is easily comprehensible and digestible.
 
An essential resource for all patrol officers and PCSOs, this book is the first of it's kind to be aimed specifically at the police and their counter-terrorism training needs.
 

Readership: The book's primary markets are: all patrol officers and PCSOs, counter terrorism officers, special branch investigators, counter-terrorism security advisers, and intelligence officers. This title will also be of interest to key organisations including the Serious Organised Crime Agency, the NPIA, force libraries, the Home Office, local authorities, the security services, and academic institutions offering postgraduate and foundation courses in terrorism studies, intelligence, policing and police investigation.
 

Contents
 
1 - An Introduction to Terrorism Andrew Staniforth:
1: Terrorism
2: Countering Terrorism
3: Policing Terrorism
2 - Legislative and procedural content PNLD:
4: Terrorist Activities
5: Terrorist investigations
Appendix 1 - Police and Criminal Evidence Act 1984, Code of Practice H - Detention of terrorist suspects
Appendix 2 - Terrorism Act 2000 - Code of practice for audio recording of interviews
Appendix 3 - Code of Practice for authorised officers acting under Schedule 1 to the Anti-Terrorism, Crime and Security Act 2001
Appendix 4 - Code of practice for examining officers under the Terrorism Act 2000
Contributors:
Andrew Staniforth PNLD


Blackstone's Preparing for Police Duty
Edition: Third
Format: Paperback
Authors: Phil Hardy & Fraser Sampson
ISBN: 978-0-19-956119-3
Publishers: Oxford University Press
Price: £11.99
Publication Date: 11 December 2008
 
Publisher's Title Information
 

An invaluable and motivational introduction to the police force for those who have secured a place or are considering policing as a career
 
Fully updated to include information on neighbourhood policing and community partnerships, the new police regulations, increased coverage of race and diversity issues and the role of the Crown Prosecution Service in the investigative and charging process
 
Includes an increased number of inspirational quotes and tips from police officers of different ranks throughout the book
 
Covers topics such as: the extended police family, diversity, anti-social behaviour, shift patterns and basic equipment
 
Includes lots of information on the basic police powers and how they are used in every day policing
 
Helps to answer fundamental questions such as: "Is policing the career for me?" and "Do I have what it takes to be a police officer?"
This is a fully revised third edition of the very successful Blackstone's Preparing for Police Duty, the invaluable introduction to the police service for new recruits or those considering a policing career.
 
The book has been fully revised to include increased coverage of race and diversity issues and information on neighbourhood policing and community partnerships. The authors also offer an explanation of how the police fit into the Criminal Justice System, outlining the role of the Crown Prosecution Service in the investigative and charging process. This new edition also outlines changes to key legislation such as the Fraud Act 2006 and takes into account the new police regulations, changes concerning Skills for Justice, and NPIA expansion.
 
Preparing for Police Duty informs student police officers and those interested in a career in the police, about the general culture of the policing world; the extended police family, dress-code, badges, shift patterns, equipment and basic information on police powers in relation to the most common crimes. Informative and inspirational quotes from different ranks of police officers are interspersed throughout to give advice and tips on joining and working for the police service. For example: Why did you join? What are your favourite parts of the job? There are also a number of box features including diagrams, checklists and good practice with examples from selected police forces.
 
Accessible, motivational and very informative - anyone who is considering or has secured a career in the police service, should buy a copy.

Contents
Foreword by Peter Neyroud, Chief Executive of the NPIA
Part 1: The Police
1. In the Office of Constable
2. The History and Structure of Policing
3. The Tripartite Structure
4. Force Structure and Organisation
5. The Police Family
Part 2: The Job
6. A Police Officer's Job
7. What It Is Like
8. Reality Check
Part 3: Recruiting and Training
9. The Selection Process
10. Initial Training
11. Experience and Reflect
12. Continuous Professional Development
Part 4: Policing Powers
13. Human Rights and Police Powers
14. Powers of Arrest
15. Stop and Search
16. Law and Order
17. A Quick Lesson in Crime
18. Law and Order: A Closer Look
Appendix 1 Glossary of Police Terms
Appendix 2 The Phonetic Alphabet
 

The Authors
 
Phil Hardy, Police Trainer, formerly of Sussex Police
Fraser Sampson, Chief Executive of the West Yorkshire Police Authority

Reviews of Previous Editions

Anyone who is considering applying to join the Police Service, or has been succesful in applying, would be well advised to purchase this book. It is very well presented, easy to read and to carry with you.

Fully updated to cover the Initial Police Learning &Development Programme, Serious Organised Crime Act and the National Intelligence Model the book holds all of the current legal and operational information you’ll need.

As I’m about to rejoin the Police Service after a career break, I couldn’t help but compare this book to those that were available when I originally joined the Police Service.  In comparison to those books, which mainly covered Acts of Law (plenty of pretty flowcharts and drawings of criminals in stripey jumpers with swag bags over their shoulders, but an amazing ability to leave you with little knowledge of the Act), this book details law in a manner that proves easy to follow, as well as offering some handy, and worthwhile, examples for you to test your knowledge.

This book, however, also goes into much more detail about the practicalities of a career in the Police Service; discussing how the job will affect you and your personal life and what sacrifices you'll enevitably have to make, with information on shift patterns, welfare and career development.

Despite having served previously I found this book to be a huge help, paticularly on matters that have come into place during my career break, National Intelligence Model etc.  If this book was given to every probationer, probation would be made that little bit easier.

Blackstone’s book also contains plenty of quotes from serving officers to give you a feel for the job itself and the police mentality.  I would advise everyone who is considering a career in the Police Service to read Parts 2 and 3 of this book, before making any decisions.

Reading this book will help those considering a career in the Police Service to make an informed decision and will give succesful applicants a basic knowledge of policing, the law, and equally important, an idea of what their more experienced collagues are talking about; the rest will come with experience.

Overall I found this to be informative reading without being a chore.

Carl Davenport

An interesting and useful small book which should be read by anyone hoping for a career in the police.  Before I went to the Training School in 1968 I read "Teach Yourself  'O' Level Law": I think it helped; however it was just a guess on my part and an attempt to learn some law even remotely relevant.  This book goes right to the heart of the subject and will help you to get a flying start.

If you intend to become a police officer watching TV can be a very misleading because of the inaccurate procedures they follow.   American procedures can be even more misleading, e.g.; on page 81 of the 1st edition the author explained the American case of Miranda, or as Cagney would say "Read him his rights".  In England we call it the caution.  Now it comes under PACE (The Police and Criminal Evidence Act 1984)- previously it was "The Judges Rules".

(Chapter 14 deals with powers of arrest.)  If you can get to grips with that before you start training you really would impress the Instructor, as most recruits find this difficult to understand.

What is the difference between ABH and GBH?  There is a big difference.  Another common mistake is that people are robbed; houses are burgled.

Highly recommended.  A good little book which should sell many copies- small enough to carry around and the price is very reasonable.

I am confident that any potential recruit who reads this cover to cover at least once before training will get a flying start.


Rob Jerrard
 
Counter-Terrorism Law and Practice: An International Handbook
Edition: 1st
Format: Hardback
Author: Martin Polaine, Arvinder Sambei & Anton du Plessis
ISBN: 978-0-19-955380-8
Publishers: Oxford University Press
Price: £125
Publication Date: 12 March 2009
 
Publisher's Title Information
 

Contains all the key materials along with an expert detailed commentary in one volume
Includes a selection of international and regional instruments, including the 16 UN counter-terrorism Conventions and Protocols, relevant UN Security Council resolutions, regional initiatives, and relevant case law from a broad sweep of jurisdictions
 
Detailed, practical narrative covering issues likely to arise both during pre-trial and in the course of the trial including confessions, covertly obtained evidence, reverse burden and detention
Counter-Terrorism Law and Practice provides in a single volume the core documents in international law relating to terrorism, together with analytical commentary. The detailed narrative provides the reader with an understanding of issues likely to arise in practice, for example competing jurisdiction; the impact of human rights law and practice; extradition; handling of MLA requests; and countering the financing of terrorism. The book also includes the key international and regional counter-terrorism instruments and coverage on the approach of other jurisdictions, particularly important when dealing with issues of international co-operation. The materials cover relevant case law from a range of jurisdictions as well as key documents from international organisations such as FATF.
 
The Authors
Martin Polaine, Director, Amicus Legal Consultants Ltd,
Arvinder Sambei, Director, Amicus Legal Consultants Ltd, and
Anton du Plessis, Head of the International Crime in Africa Programme, Institute for Security Studies
 

Foreword
 
This is a significant and useful work, covering a broad and complex area in an accessible and referable form. The authors use their wide experience to approach their task from a practical standpoint and give a clear and thoroughly researched overview of a subject where understanding is all-important and where so often the theory gives little guide to either the legislator or the practitioner.
 
The spectre of international terrorism this century has changed life as we know it. What were once regarded as internal problems now occur with little regard to national borders. Traditional views of sovereignty have had to be reviewed and globalization in its many forms, good and bad, is here to stay. Any hopes of international jurists that the world community could rise to the challenge and provide a fair and humane legal and judicial framework for a criminal justice response have failed to materialize. Despite the apparent uniformity of response and the rapid adoption after 9/11 of UNSCR 1373, the real result has been a rash of counter-terrorism measures and obligations which rarely sit comfortably together. Despite the development of international human rights law, the subsequent US-led 'Global War on Terror' has done little to win uncommitted support.
 
This book traces not only the historical backdrop of counter-terrorism law; it also deals lucidly with the many difficulties that the changed landscape has thrown up. It highlights the likely problems for the practitioner and provides a coherent guide to modern practice. It reviews the attempts by the League of Nations and the United Nations to produce resolutions, conventions, or protocols that could be both effective and supportable, and the difficulty of producing any sort of common strategic approach that would have universal appeal. It examines the barrier presented by expanding treaty law's being dependant on individual ratification, the problems of differing definitions, perceptions and interpretations, and the problems of applying appropriate sentences. What surfaces is that States have reacted on a case-by-case basis, and rather than set their star by some unworkable universal definition, many have seen the advantage of regarding a terrorist act as a crime against the national criminal law alone.
 
This view was encouraged by the design of the international conventions and protocols which imposed obligations on States to address the crimes committed by terrorists under their own law. A strength of this book is its analysis of the growing criminalization of terrorist acts and of the attempts to deal with the broad spectrum of problems by incorporation into, and use of, domestic law.
 
In the United Kingdom in recent years, the diversion of resources and expertise into the monitoring of activities and the investigation and presentation of terrorist cases has led to a considerable increase in the use of high-level judicial and court time for such purposes. A commensurate growth in appropriate practice and procedure has been an inevitable consequence, and this book helpfully addresses issues and pitfalls in this area. Developments in such thorny areas as covert investigations and disclosure also receive appropriate attention.
Another area of expansion and real concern which is explored in this book is the vital role played by money laundering and cross-border financing. A particularly significant trend is the exploitation of alternative remittance systems (such as hawala). The advantages of this system to the user are easy to recognize but far harder to police; the authors examine the attempts by the international community and national governments to counter such support for terrorist activities.
 
This work is a welcome addition to a growth area. It provides a picture not only of the worthy attempts to deal at the highest levels with the peace-defying problems of terrorism, but also of a contemporary working template for international cooperation and for the investigation and presentation of cases within the domestic, criminal system.
 
HH Judge Brian Barker QC, The Common Serjeant of London, Central Criminal Court
October, 2008
 

Part of the Preface
 
The domestic horrors of la Terreur in 18th century France have been replaced by a new form of transnational terrorism that threatens global peace, security, and stability. Since the attacks on the United States on the 11th of September 2001, countering this threat has been cast as a global priority. In this context, legal practitioners, law enforcement agents, and government officials are faced with the challenge of complying with a plethora of international and regional obligations, and implementing new or revised national counter-terrorism laws. This book is aimed primarily at that audience. By bringing together wide-ranging materials on counter-terrorism and related aspects, and providing detailed and practical analysis, we hope to assist colleagues in many jurisdictions, in their practice of a complex, but always fascinating, area of law.
 
Any consideration of modern counter-terrorism throws into sharp relief the US-led 'Global War on Terror': on the one hand, with its emphasis on an extrajudicial response, and, on the other, the normative and preventive approach of the UN's Global Counter-Terrorism Strategy. This book focuses on the latter, with a specific emphasis on the legal aspects of the law enforcement and criminal justice response to terrorism.
 
The authors are honoured that His Honour Judge Brian Barker QC, the Common Serjeant of London, took time away from his busy schedule at the Central Criminal Court, London to write the Foreword.
 
This book would not have been written without the understanding and support of colleagues and the encouragement and forbearance of families: our heartfelt thanks to them all.
 
As always, the fault for any errors or omissions lies entirely with the authors.
The law is stated as at 31 August 2008, but, where possible within the context of the final editing process, reference has been made to later events.
 
Arvinder Sambei Anton du Plessis Martin Polaine


Disclosure in Criminal Proceedings
Edition: 1st
Format: Paperback
Author: David Corker & Stephen Parkinson
ISBN: 978-0-19-921134-0
Publishers: Oxford University Press
Price: £55
Publication Date: 29 January 2009
 
Publisher's Title Information
 

Disclosure in Criminal Proceedings
The only book on the subject of disclosure in criminal proceedings
Includes all relevant law and procedure to put practitioners in the best possible position to argue their case
Carefully selected appendices include all relevant materials
Disclosure issues affect every stage of the criminal investigation and subsequent proceedings yet this book is the only modern, comprehensive and in-depth volume on the subject. It provides the practitioner with a detailed analysis from a practical perspective by following chronologically the progress of a case from the outset of an investigation until its conclusion, addressing the obligations and responsibilities of each of the parties as they arise.
The book focuses primarily on disclosure of the prosecutor's unused material, but it also covers the timing and content of disclosure by the prosecution of its case,and the obligations on the defence. Dedicated chapters on more specialist topics such as expert evidence, public interest immunity, and unused evidence are also included. The text analyses all the relevant law and procedure, to place practitioners in the best position to argue their case. It contains carefully selected appendices - comprising relevant parts of Criminal Procedure and Investigations Act 1996 as amended by the CJA 2003; CJA 2003; extracts from the Criminal Procedure Rules 2005; the CPIA Code of Practice; the new Attorney General's Guidelines on Disclosure; the Protocol for the Management of Heavy Fraud and Other Complex Criminal Cases; and extracts from the new CPS/ACPO Disclosure Manual.
The Authors
David Corker, Founding Partner Corker Binnings Solicitors and
Stephen Parkinson, Head of Criminal Department, Kingsley Napley


Covert Investigation
Edition: 2nd
Format: Paperback
Author: Clive & Karen Harfield
ISBN: 978-0-19-954962-7
Publishers: Oxford University Press
Price: £29.99
Publication Date: 11th Dec 2008
 
Publisher's Title Information
 

Provides a practical introduction to covert policing law and the issues involved
Includes updates to the RIPA 2000 Codes of Practice and all other relevant legislation, allowing easy access to key source material
Chapters arranged thematically by investigative technique
Includes updated discussions of the complex area of risk management models
Includes discussions of the complex area of risk management models
 

New to this Edition
 

Updated to include new draft codes of practice to RIPA, which are concerned with the acquisition of data by public authorities and disclosure by public service providers, and the encryption of electronic data
Updates to thinking on risk management
The new edition of this book continues to provide a practical, introductory guide for anyone working in the area of covert investigation.
 
This edition is updated to include new draft codes of practice to RIPA, new thinking on risk management, and updates to case law. It also offers discussion on the interpretation and implementation of covert powers subsequent to the outcome of the Home Office review. The book contains all the relevant legislation, codes of practice and case-law relating to covert investigation methods and examines the issues that investigators need to consider when deploying such investigative tools, concentrating on the full implications of RIPA with regards to daily, routine policing activity.
 
The authors consider each different aspect of covert investigation in turn, discussing statutory provision and introducing case law alongside investigation management issues. It successfully demystifies an area of investigation and enforcement that has hitherto been poorly understood. It is intended to assist those planning and supervising investigations and those with a statutory obligation to sanction applications for authorised covert investigation or withhold such authority. It will help officers improve the quality of RIPA applications, ensure that applications for cover investigation are made only in appropriate circumstances, and to help investigators apply the law and procedure correctly in order to minimise procedural challenges at court.
Contents
 

1. Covert investigation in context
2. Directed surveillance
3. Intrusive surveillance
4. Interference with property or wireless telegraphy and entry onto land
5. Covert investigation and computers
6. Examining mobile phones
7. Communications data
8. Interception of communications
9. Covert human intelligence sources
10. Covert investigation abroad
11. Risk Management
 
Appendices
 
A. Relevant Extracts of Part III Police Act 1997 as Amended
B. Extracts from the Regulation of Investigatory Powers Act 2000 as Amended
C. Extracts from Statutory Instruments Issued Pursuant to RIPA 2000
D. The Covert Surveillance Code of Practice
E. Covert Human Intelligence Sources (CHIS) Code of Practice
F. Interception of Communications Code of Practice
 
The Authors
Clive Harfield, Deputy Director for the John Grieve Centre for Policing & Community Safety, London Metropolitan University and
Chief Superintendent Karen Harfield, Lead Staff Officer for HMIC and Former Head of Intelligence at Warwickshire Police


Road Traffic Law
Edition: 2nd
Series: Blackstone's Practical Policing
Format: Paperback
Authors: Simon Cooper & Michael Orme
ISBN: 978-0-19-955975-6
Publishers: Oxford University Press
Price: £24.99
Publication Date: 26 Feb 2009
 
Publisher's Title Information
 

Practical text covering all aspects of front-line road traffic law enforcement
Clearly written in non-technical language to encourage ease of reference
Includes practical examples, case studies, and FAQs to help the reader quickly associate the law with the situation illustrated
 
The second edition is fully revised and updated to include all recent law, including new offences such as causing death by careless driving, causing death by careless driving when under the influence of drink or drugs, insurance and licensing, use of mobile telephones and control of a vehicle, and updates to construction and use rules
 
Covers key areas such as insurance, vehicle test certificates, driver identification, driver licensing, speeding, and fixed penalties
 

New to this edition
 
Covers significant changes in the area including the enforcement of the Road Safety Act 2006 and updates to the Road Traffic Act 1988
 
Increased use of diagrams, flow charts, and photographs increase the book's practical focus
Greater number of practical features are spread throughout the book to ensure issues discussed are clearly understood
 
This practical guide to road traffic law covers all the principal aspects of roads policing and has been fully updated for this, the second edition. This new edition covers significant changes in road traffic law, such as the enforcement of the Road Safety Act 2006 and updates to the Road Traffic Act 1988. The authors discuss matters such as causing death by careless driving, causing death by careless driving when under the influence of drink or drugs, insurance and licensing, use of mobile telephones and control of a vehicle, and updates to construction and use rules.
 
This book also features coverage of driver identification, alcohol and drug related offences, traffic signs and fixed penalties. Each chapter is written in non-technical language and combines explanations of the law with practical illustrations, examples, and FAQs on problems commonly faced by police officers engaged in road traffic law enforcement.
 
The book focuses on those areas that are most frequently encountered by traffic officers in their everyday working lives, and is a must for all officers engaged in front-line traffic duties.
 
The Blackstone's Practical Policing Series covers a range of topical subjects of vital importance in today's policing arena. Each practical guide contains clear and detailed explanations of the relevant legislation, accompanied by practical scenarios, illustrative diagrams and useful checklists. Packed with a wealth of information, the Blackstone's Practical Policing Series ensures you have ready access to the tools you need to take on any policing challenge.

Contents
 
1. Definitions and Basic Concepts
2. Accidents, Dangerous and Careless Driving
3. Notices of Intended Prosecution and Driver Identification
4. Driving with Drink or Drugs
5. Insurance and Vehicle Test Certificates
6. Driver Licensing
7. Construction and Use and Vehicle Lighting
8. Traffic Signs and Pedestrian Crossings
9. Operators Licences, Driver Hours and Tachographs
10. Vehicle Excise Licences and Registration
11. Fixed Penalties
12. Speeding and Miscellaneous Offences
Appendix 1- Road Traffic Offenders Act 1988, Schedules 2 and 3
Appendix 2- Road Vehicles Lighting Regulations 1989, Regulation 27
Appendix 3- Motor Vehicles (Driving Licences) Regulations 1999, Schedule 2 and Regulations 11 and 19
Appendix 4- Driving Licence Information Codes
Appendix 5- Driving Licence Endorsement Offence Codes
 

The Authors
 
Simon Cooper, Senior Lecturer in Law, University of Salford and
Michael Orme, Former Road Traffic Policing Officer with Greater Manchester Police

Review

One only needs to refer to Butterworth's Road Traffic Services, two large loose-leaf volumes, or Sweet & Maxwell's Encyclopaedia of Road Traffic, six large volumes or Wilkinson's Road Traffic Law to understand what a vast subject road traffic law is. Admittedly Police Officers have the Blackstone's Police Manual to turn to, before that it was the Police Promotion Manuals. However it is comforting to have a practical Policing book on the subject, which many will find useful, at least as a starting point.
 
This second edition has been considerably revised and includes updates to the Road Traffic Act 1988 made by the Road Safety Act 2006.
 
The book follows a simple but effective system, the law is explained fully by examples and key points and from Chapter 2 onwards it also includes scenarios.
 
All the main 'Bread and Butter' subjects are covered, viz, Definitions, Accidents, Dangerous and Careless Driving, Notice of Intended Prosecutions, Driver Identity, Drink and Drugs, Insurance and Test Certificates, Driving Licences, Construction and Use, Traffic Signs and Pedestrian Crossings, Operators' Licences, Driver Hours, Tachographs, Vehicles Excise Licences, Fixed Penalties, Speeding and miscellaneous offences, which includes such offences as Obstruction, Dangerous Position, Seat Belts and much more. The Appendices include some of the Road Traffic Regulations and Driving Licensing information codes and endorsement codes.
 
Many of the offences are well known, but I do wish the Government would pay for a national Television slot to explain fully the offence under the Road Traffic Act 1988 Sec 41D and the Road Vehicle (Construction and Use) Regulations 1986 SI 1986/1078 Regulation 110. It is an offence to use a mobile phone:-
 
Motor Vehicles and Hand-Held Phones
 
(1) No person shall drive on a road if he is using
(a) a hand-held mobile telephone; or
(b) a hand-held device of a kind specified in paragraph (4).
(2) No person shall cause or permit any other person to drive a motor vehicle on a road while that other person is using
(a) a hand-held mobile telephone; or
(b) a hand-held device of a kind specified in paragraph (4).
(3) No person shall supervise a holder of a provisional licence if the person supervising is using
(a) a hand-held mobile telephone; or
(b) a hand-held device of a kind specified in paragraph (4),
at a time when the provisional licence holder is driving a motor vehicle on a road.
(4) A device referred to in paragraphs (1) (b), (2) (b) and (3) (b) is a device, other than a two-way radio, which performs an interactive communication function by transmitting and receiving data.
 
Perhaps it's a lack of visible Police presence in Devon, but I am alarmed by the number of people who still drive with one hand, whilst using a mobile phone. Even more alarmingly is the fact that it is often young mothers with children in the car. I also wonder what makes my local authority think it can block an entire footpath for days with barriers and other equipment with a notice saying 'Use other Footpath' Presumably my 90 year old neighbour with very poor eyesight would need to fall over it all before using the other footpath! Obstructing the road or highway is well covered in the book. I might remind my local authority.
 
This very affordable book is highly recommended for Police Officers and anyone else involved with roads or highways, which incidentally are the first two definitions dealt with.
 
Rob Jerrard


LINKS

"Internet Law Book Reviews", Copyright Rob Jerrard 2009