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

Oxford University Press Books Reviewed in 2010

Criminal Law
Edition: 3rd
Format: Paperback
Author: Russell Heaton and Claire de Than
ISBN: 978-0-19-923412-7
Publishers: Oxford University Press
Price: £27.99
Publication Date: 28th Oct 2010


The lively writing style ensures that even the most complicated aspects of criminal law are clearly explained and outlined in an engaging way
Structured learning features are integrated throughout the chapters to help you engage with the subject and develop your knowledge further
Running examples in each chapter provide scenarios to help clarify points of law and aid understanding

Contents

1: Introduction
2: Actus Reus
3: Mens Rea and Fault
4: Non-fatal Offences Against the Person
5: Sexual Offences
6: Homicide
7: General Defences I: Age and Insanity
8: General Defences II: Automatism, Intoxication, Mistake and Self-Defence
9: General Defences III: Duress, Necessity and Marital Coercion
10: Offences Against Property I: Theft
11: Offences Against Property II: Fraud
12: Offences Against Property III
13: Strict Liability
14: Secondary Participation in Crime
15: Vicarious and Corporate Liability
16: Inchoate or Preliminary Offences

The Authors
Russell Heaton, Formerly principal Lecturer in Law, Department of Academic Legal Studies, Nottingham Trent University, and Claire de Than, Senior Lecturer in Law, City University

Online Resource Centre
http://www.oup.com/uk/orc/bin/9780199234127/
100 Hot cases - very useful aid to study
http://www.oup.com/uk/orc/bin/9780199234127/resources/01casematerial/

Preface
The aim of this book is to provide students with a clear, understandable and readable exposition of the general principles of criminal law and of the major offences commonly studied in degree and professional courses. Originally written for distance learning students who are without ready access to tutorial guidance, we believe that the approach is well suited to students attending university courses, where increasing resource problems mean that the availability of tutorial guidance and advice reduces, and reliance on online delivery increases, by the year.

We have endeavoured to pass on the benefits of many years' experience (we are not prepared to reveal how many!) of teaching criminal law to law degree and non-law graduate conversion students embracing full-time, part-time and sandwich attendance modes as well as distance learning modes. We know what students find difficult and the common misunderstandings and mistakes which occur and we have tried particularly hard to enable readers to avoid them. Indeed one five-star review of a previous edition on the Amazon website felt 'a deep sense of communication' from the author to the reader. That has certainly been the aim and it is good to know that it succeeded for at least one person!

We have included lots of examples to illustrate the explanations, along with flow charts and diagrams and comprehensive summaries at the end of each chapter to enable students to maintain or regain their bearings amidst the inevitable detail of the subject. Extra learning features have been added for this new edition. More than most law subjects, criminal law bristles with inconsistencies, uncertainties, illogicalities and anachronisms. We have attempted to face these and avoid a superficial treatment which can only mislead students.

The book can function quite satisfactorily as a stand-alone text but its utility will be considerably increased when used in conjunction with the Online Resource Centre, specially designed to complement it and featuring a wide range of materials cross-referenced from the book, and some new learning tools which we hope you will find helpful. Effectively the website functions as an electronic source of support and self-assessment. It will also be used to update readers on important future developments in the law.

Major updates have been necessary for this edition, given the changes to corporate criminal responsibility, inchoate offences and voluntary manslaughter which have occurred since 2006, and the many new significant cases. The text is based on the law as we understood it at 28 June 2010.

Finally, we would like to thank colleagues and students who, over the years, have unknowingly assisted in the work, Hussain Hadi and the team at Oxford University Press for their friendly, reliable and efficient support and the excellence of the book's design. Most of all, Russell would like to thank his wife Lorraine for her selfless love and support, and Claire would like to thank Jesse Elvin for his input and comments.

Russell Heaton and Claire de Than
June 2010


The Boundaries of the Criminal Law
Edition: 1st
Format: Hardback
Authors: Edited by R.A. Duff, Lindsay Farmer, S.E. Marshall, Massimo Renzo, and Victor Tadros
ISBN: 978-0-19-960055-7
Publishers: Oxford University Press
Price: £50
Publication Date: 11th Nov 2010
 
Publisher's Title Information

The first volume in a groundbreaking series on criminalization - a major, neglected topic in the theory of criminal law
Gathers leading scholars in criminal law to examine one of the most pressing problems in modern criminal justice - the rapid expansion of the scope of criminal sanctions
Includes coverage of topics so far neglected in discussions of criminalization, such as the use of preventative justice and forensic profiling
Criminalization is a new series arising from an interdisciplinary investigation into criminalization, focussing on the principles and goals that should guide decisions about what kinds of conduct are to be criminalized, and the forms that criminalization should take. Developing a normative theory of criminalization, the six volumes will tackle the key questions at the heart of issue: By reference to what principles and goals should legislations decide what to criminalize? How should criminal wrongs be classified and differentiated? And how should law enforcement officials apply the law's specification of offences?
 
Boundaries of the Criminal Law is the first book in this series examining the scope and boundaries of the criminal law. Investigations into the scope of the criminal law have often focused on the harm principle, the principle that conduct can be justifiably criminalized only if it is harmful, or other master principles that might determine the proper scope of the criminal law. This collection of original essays by some of the leading scholars in criminal law and philosophy from the UK and the US makes significant advances in the development of a broader range of ideas that might inform criminalization decisions.
 
A range of issues are discussed, including the significance for criminalization of ideas of moral wrongdoing and of using a person as a means, the distinction between criminal law and other forms of legal regulation, the role of new technology in our understanding of the evolving scope of the criminal law, and the role of criminal justice officials in decision-making about criminalization. The authors draw on legal and philosophical sources, but also on history, sociology and social psychology in their investigations for a truly interdisciplinary approach.
 
This is a groundbreaking set of essays which will help to reorient legal and philosophical discussion about the proper scope of the criminal law.

Contents

1: Antony Duff, Lindsay Farmer, Sandra Marshall, Massimo Renzo, Victor Tadros: Introduction: The Boundaries of the Criminal Law
2: Carol S Steiker: Criminalization and the Criminal Process: Prudential Mercy as a Limit on Penal Sanctions in an Era of Mass Incarceration
3: Andrew Ashworth and Lucia Zedner: Preventative Orders: A Problem of Undercriminalization?
4: R A Duff: Perversions and Subversions of Criminal Law
5: Mireille Hildebrandt: Proactive Forensic Profiling: Proactive Criminalization?
6: John Stanton-Ife: Horrific Crime
7: Victor Tadros: Criminalization and Regulation
8: Markus D Dubber: Criminal Law between Public and Private Law
9: Lindsay Farmer: Criminal Wrongs in Historical Perspective
10: Kimmo Nuotio: Theories of Criminalization and the Limits of Criminal Law: a Legal Cultural Approach

The Authors

Edited by R.A. Duff, Department of Philosophy, University of Stirling, Lindsay Farmer, School of Law, University of Glasgow, S.E. Marshall, Department of Philosophy, University of Stirling, Massimo Renzo, Lecturer in Law, University of York, and Victor Tadros, Professor of Criminal Law and Legal Theory, School of Law, University of Warwick

Contributors:

Andrew Ashworth - Vinerian Professor of English Law, University of Oxford
Markus Dubber - Professor of Law, University of Buffalo
Antony Duff - Professor of Philosophy, University of Stirling
Lindsay Farmer - Professor of Law, University of Glasgow
Mireille Hildebrandt - Professor of Law, University of Rotterdam; University of Brussels
Kimmo Nuotio - Professor of Law, University of Helsinki
Carol Steiker - Professor of Law, Harvard University
John Stanton-Ife - Senior Lecturer in Law, King's College, London
Victor Tadros - Professor of Law, Warwick University
Lucia Zedner - Professor of Law, University of Oxford

Preface

This volume is the first published product of a research project on Criminalization, funded by a grant from the Arts and Humanities Research Council (Grant No 128737). 'Three further collections of papers from the project's workshops and conference will be published in due course, along with three monographs by members of the project.

We are grateful to the Arts and Humanities Research Council for the grant that made this project possible, and to our own universities for thp further material and administrative help that they provided the University of Stirling and the Stirling Department of Philosophy, the University of Glasgow and the School of Law, the University of Warwick and the School of Law.

Above all, however, we are grateful to the authors who have contributed to this volume, to all those who took part in the workshops and meetings from which this volume has emerged, and in particular to the commentators on the drafts of the papers collected in this volume - Kimberley Brownlee, Erik Claes, Rowan Cruft, Alon Harel, Tatjana Hornle, Douglas Husak, Susan Mendus, and Andrew Williams. These meetings showed us how fruitful, and enjoyable, this kind of interdisciplinary work can be. We are also extremely grateful to Andrew Cornford for his assistance in preparing the final manuscript and to Christine Kelly for preparing the index.

Antony Duff, Lindsay Farmer, Sandra Marshall, Massimo Renzo, Victor Tadros


Blackstone's Magistrates' Court Handbook 2011
Edition: Third Edition
Format: Flexicovers
Author: Andrew Keogh
ISBN: 978-0-19-958920-3
Publishers: Oxford University Press
Price: £44.95
Publication Date: 7th Oct 2010
 
Publisher's Title Information

Indispensable complete guide to the magistrates' court, including essential extracts from the Magistrates' Court Sentencing Guidelines
Written by Andrew Keogh, a leading authority for criminal practitioners
Published in a pocket-sized format with durable cover, ideal for everyday use at court
Enables instant decision-making through a clear system of practical icons, tables, and diagrams clarifying complex topics
Concentrates on the offences most commonly encountered by criminal practitioners including public order, drugs, weapons, driving, criminal damages, and sexual offences
Includes cross-referencing to Blackstone's Criminal Practice 2011, to guide the practitioner requiring additional detail
New to this edition
Coverage of rehabilitation of offenders and breach of prison licences
Expanded coverage of defence costs and legal aid
New offences added, including fraud, public order, and sexual offences
Blackstone's Magistrates' Court Handbook provides an indispensable, complete, and practical guide for the busy court advocate, offering extensive coverage of offences, sentencing, procedure, and evidential issues.
 
Covering all the key aspects of magistrates' court practice, the book places strong emphasis on the areas most likely to arise at short notice requiring an instant response from the advocate, as well as on those offences most frequently experienced at court by a legal aid lawyer, such as public order, drugs, weapons, driving, criminal damage, and sexual offences.
 
Blackstone's Magistrates' Court Handbook is presented in an easy-to-use format, facilitating quick reading and instant decision-making. The text is broken down with frequent headings and bullet points, and there are a number of tables and flow-charts, particularly on complex sentencing topics, as well as a clear system of icons to aid comprehension and speedy navigation.
Readership: The primary market is comprised of criminal law solicitors (especially duty solicitors), junior barristers, and CPS advocates focussed on magistrates' court work. There is also a secondary market amongst justice's clerks and legal advisers in the magistrates' court, and criminal solicitors in Northern Ireland.

Contents

Part A: Procedure and Evidence
A1: Abuse of Process
A2: Adjournments
A3: Admissibility and Exclusion of Evidence
A4: Advance Information
A5: Amending Charge
A6: Appeals and Reopening
A7: Bad Character
A8: Bail
A9: Binding Rulings
A10: Case Management
A11: Clerks Retiring with Justices
A12: Commencing Proceedings
A13: Constitution and Jurisdiction
A14: Committal, Sending, and Transfer for Trial
A15: Costs (Defendants)
A16: Court Appointed Legal Representatives
A17: Custody Time Limits
A18: Disclosure
A19: Evidence in Civil Cases
A20: Handcuffs Applications
A21: Hearsay
A22: Human Rights
A23: Identification Evidence
A24: Legal Aid
A25: Mental Disorder
A26: Misbehaviour at Court
A27: Mode of Trial, Allocation, and Plea Before Venue
A28: Presence of Defendant in Court
A29: Remand Periods
A30: Reporting Restrictions
A31: Special Measures and Vulnerable Witnesses
A32: Submission of No Case
A33: Transfer of Criminal Cases
A34: Video Links
A35: Warrants
Part B: Youth Court
B1: General Provisions
B2: Mode of Trial and Allocation
B3: Bail: Young Offenders
B4: Sentencing
Part C: Offences
C1: Animal Offences
C2: Anti-Social Behaviour Order, Breach of
C3: Bail, Failure to Surrender
C4: Communication Network Offences
C5: Criminal Damage
C6: Drugs
C7: Education Act
C8: Fail to Comply with Notification Requirements, Sex Offenders Register
C9: Immigration Offences
C10: Prison Offences
C11: Protective Order, Breach of
C12: Public Order
C13: Road Traffic Offences, Definitions
C14: Road Traffic Offences, Suitable for Fine/Discharge
C15: Sexual Offences
C16: Theft, Fraud, and Evasion
C17: Violence Against the Person
Part D: Sentencing
D1: Age of Offender
D2: Alteration of Sentence
D3: Anti-Social Behaviour Orders
D4: Banning Orders
D5: Bind Over
D6: Breach of Community Order
D7: Breach of Supervision Order
D8: Committal for Sentence
D9: Committal for Sentence: Dangerous Young Offender
D10: Community Orders and Sentences: General
D11: Community Punishment and Rehabilitation Orders
D12: Community Punishment Order
D13: Community Rehabilitation Order
D14: Compensation Order
D15: Conditional and Absolute Discharge
D16: Confiscation, Proceeds of Crime Act 2002
D17: Custodial Sentences
D18: Dangerous Offenders
D19: Deferment of Sentence
D20: Deportation, Automatic
D21: Deprivation Order
D22: Detention and Training Order
D23: Detention in Young Offender Institution
D24: Detention under Section 91 PCC(S)A 2000
D25: Discounts for Early Plea
D26: Disqualification from Driving
D27: Disqualification of Company Directors
D28: Drinking Banning Order
D29: Exclusion from Licensed Premises
D30: Exclusion Order
D31: Financial Circumstances Order
D32: Financial Reporting Order
D33: Fines
D34: Forfeiture Order
D35: Guardianship and Hospital Orders
D36: Newton Hearings
D37: Offences Taken into Consideration
D38: Parenting Order
D39: Parents and Guardians, Liability and Responsibility
D40: Penalty Points for Driving Offences
D41: Prescribed Minimum Sentences
D42: Pre-Sentence Drug Testing
D43: Pre-Sentence Reports
D44: Previous Convictions
D45: Prosecution Costs
D46: Racially and Religiously Aggravated Crimes
D47: Referral Orders
D48: Remand to Hospital for Reports
D49: Remitting a Juvenile
D50: Reparation Order
D51: Restitution Order
D52: Restraining Order
D53: Return to Custody
D54: Sentencing Guidelines Issued by Sentencing Guidelines Council
D55: Sexual Offences Notification Requirements
D56: Sexual Offences Prevention Order
D57: Sexual Orientation or Disability
D58: Supervision Order
D59: Surcharge Order
D60: Suspended Sentences
D61: Time on Remand
D62: Youth Rehabilitation Order: Criminal Justice and Immigration Act 2008
Appendices
Appendix 1: Application for Costs against Convicted Defendants
Appendix 2: Bar Council Guidance: Court Appointed Legal Representatives
Appendix 3: Penalty Notices for Disorder
Appendix 4: Criminal Procedure Rules 2010: Rule 1 (The Overriding Objective) and Rule 3 (Case Management)
Appendix 5: Relevant Offences for the Purposes of Special Measures Direction
Appendix 6: Fraud Guideline

Reviews

"I shall want rarely to be without it. As a Resident Judge I am regularly dealing with the interface between the Crown Court and the Magistrates Court. I often find myself groping for information about the regular practice and procedure in the Magistrates Court. It has until now been difficult to find help consistently in any one place . . . Thank you for this gem of a book" - HHJ Peter Collier

The Author

Andrew Keogh, Partner, Keogh Solicitors


Blackstone's Criminal Practice
Edition: 2011 (book with all supplements)
Format: Hardback
Author: David Ormerod and The Right Honourable Lord Justice Hooper
ISBN: 978-019958927-2
Publishers: Oxford University Press
Price: £265.00
Publication Date: October 2010
 
Title Information
 

Written by the 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
 
Covers all new legislation including the Bribery Act 2010, the Crime and Security Act 2010, the Coroners and Justice Act 2009, and the Policing and Crime Act 2009
Includes discussion of the impact of the Lisbon treaty and the European Arrest Warrant
Includes discussion of changes to the Magistrates' Court Sentencing Guidelines and the Criminal Procedure Rules 2010
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.
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.
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
C8: 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 Supreme Court 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 2010
The Sentencing Guidelines Council Sentencing Guidelines
 
Contributors:

 
General Editors:
The Right Honourable Lord Justice Hooper
Professor David Ormerod
Editor:
HHJ Peter Murphy, LLB
Editor:
HHJ John Phillips CBE
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 to the 2011 Edition

 
When launched, Blackstone Criminal Practice was designed to assist all those who work in the field of criminal justice. This 2011 edition, the 21st, remains true to these aims. It provides a practical and scholarly account of English criminal law, evidence and procedure. As in the first edition, we have striven to include everything reasonably necessary from a practical perspective to the everyday work of the practitioner. Everything is presented in -a clear manner and without the distraction of obsolete and unnecessary materials. Building on the re-organisation and restructuring of the book in recent years, this 2011 edition is, we believe, the best to date.
 
As with last year's edition, the main work is published with a simultaneous supplement (supplement 1) containing the Criminal Procedure Rules and the Sentencing Guidelines. We were delighted by the positive response from readers to the introduction of the supplements two years ago. In particular, we welcome the recognition by many of the great practical value in having the Criminal Procedure Rules and Sentencing Guidelines in one accompanying source. Readers will, once again, be able to subscribe to the two additional cumulative supplements to be published in spring and summer. In addition, there are the quarterly Bulletin and free monthly on-line updating service ensuring that Blackstones users are able to rely with confidence on the accuracy of the content throughout the year.
 
This new edition incorporates analysis of a great range of new legislative and judicial material. We are proud of the way that editorial co-ordinator Laurence Eastham and the team of authors have once again so skilfully incorporated so many new developments, some of which became available very late in the production process. New criminal Justice legislation which is analysed in this edition includes: the wide ranging provisions of the Coroners and justice Act 2009 affecting aspects of substantive law, procedure and sentencing, including new partial defences to murder, extended special measures for witnesses, witness anonymity orders, and a new Sentencing Council; the Policing and Crime Act 2009 which, inter alia, introduces new offences relating to prostitution and new powers in relation to proceeds of crime; the Crime and Security Act 2010 which introduces a new regime for the retention of DNA data; the Bribery Act 2010 with new offences including those governing corporations and bribery overseas; and the revision of the Criminal Procedure Rules. There are also the scores of developments introduced by secondary legislation including yet more controlled drugs added to sch. 2 to the MDA; and the important changes introduced by the Criminal Justice Act 2003 (Mandatory Life Sentence: Determination of Minimum Term) Order 2010 (SI 2010 No.197). The huge volume of new case law on criminal law and procedure which has been examined includes the first cases from the new Supreme Court: Ahmed v HM Treasury on asset freezing and money laundering, Horncastle on hearsay; Norris v USA on extradition. The Court of Appeal Criminal Division has been as prolific in output as ever. Leading decisions that are considered in this edition include: Mendez on joint enterprise liability; Sheppard and Whittle on jurisdiction; Jones on incitement and entrapment; Mohammed and AY on terrorism; CPS v LR on disclosure; NT on prosecution appeals; CH on preparatory hearings; Appleby on sentencing for manslaughter; Wilkinson on sentencing in firearms offences; Graves on sentencing for money laundering; Reed on DNA evidence; and Barker on children's evidence.
 
New members of the team this year include Alison Levitt QC and Professor Valsamis Mitsilegas. We would also like to take this opportunity to congratulate the authors who this year took silk: Alex Bailin QC, Rudi Fortson QC, Richard McMahon QC and Tim Moloney QC. Their success is well deserved and Blackstone's is proud to have them as contributors.
 
The team at OUP worked as efficiently and with as much enthusiasm as ever in producing this edition. We are grateful to all of them, Faye Judges, Stacey Penny, Fiona Sinclair, Katie Heath, Wendy Lynch and most of all to Roxanne Selby who, with characteristic efficiency, effortlessly fitted maternity leave for George around the production schedule. Finally, once again we express our sincere thanks to our editorial co-ordinator, Laurence Eastham. He has an unrivalled experience and knowledge of every element of the book. He offers wise counsel on proposed changes, developments and planning. He shows unwavering dedication and focus throughout the entire process, and remains unfailingly cheerful. He remains an inspiration to us and the contributing authors.
 
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 endeavoured to state the law as at 1 August 2010.
 
Rt Honourable Lord Justice Hooper Professor David Ormerod
 
Introduction to 1st Supplement
 
This supplement is the first of three cumulative updating supplements to Blackstone's Criminal Practice 2011.
This supplement contains the complete text of the Criminal Procedure Rules 2010, taking account of the amendments having effect from 4 October 2010, and the Sentencing Guidelines Council Sentencing Guidelines as at 1 August 2010.
 
Please visit the Blackstone's Criminal Practice 2011 companion website for free online monthly updates, and an updated version of the Criminal Practice Rules 2010, taking in any amendments to the rules in the course of the practice year. You may also register to receive the Blackstone's Criminal Practice Bulletin, a free quarterly newsletter.

Review

As always Blackstone's Criminal Practice continues to fulfil its designed purpose, that is to assist all those who work in the field of criminal justice.

The expression 'time flies' comes to mind when you consider that it is the 21st edition of a book I have never been without, twenty-one years of referring to it and relying on it must prove its pedigree.

As with last year's edition, my copy this year came with the First Supplement, which contains the Criminal Procedure Rules having effect from 4 October 2010 and Sentencing Guidelines as at 1 August 2010. It is possible to visit the Blackstone's Criminal Practice 2011 companion website at www.oup.com for free monthly updates and if you register you will receive a free quarterly newsletter the first of which comes with the book upon purchase.

Some of the new material incorporated into this edition, include, the wide ranging provisions of the Coroners and Justice Act 2009 affecting aspects of substantive law, procedure and sentencing, including new partial defences to murder, extended special measures for witnesses, witness anonymity orders, and a new Sentencing Council; the Policing and Crime Act 2009 which, inter alia, introduces new offences relating to prostitution and new powers in relation to proceeds of crime; the Crime and Security Act 2010 which introduces a new regime for the retention of DNA data; the Bribery Act 2010 with new offences including those governing corporations and bribery overseas; and the revision of the Criminal Procedure Rules. There are also the scores of developments introduced by secondary legislation including yet more controlled drugs added to sch. 2 to the MDA; and the important changes introduced by the Criminal Justice Act 2003 (Mandatory Life Sentence: Determination of Minimum Term) Order 2010 (SI 2010 No.197).

This edition contains new cases including the first cases from the new Supreme Court. Included are Horncastle (hearsay) [2010] 2 WLR 47 and Mendez (joint enterprise liability) [2010] EWCA Crim 516 and Sheppard and Whittle (jurisdiction) [2010] 2 All ER 850.

Once again a substantial work, well presented and worth investing in for another year.

Rob Jerrard


Criminal Law; Core Text
Edition: 7th
Format: Paperback
Author: Nicola Padfield
ISBN: 978-0-19-958204-4
Publishers: Oxford University Press
Price: £19.99
Publication Date: 26th August 2010
Seventh Edition
 

Publisher's Title Information
 
Written by a leading academic within the criminal law field, this text provides an authoritative account of the key issues in criminal law today
Includes numerous summaries of cases, introducing students to the key cases in the subject and illustrating the key principles and policies
Each chapter includes a summary, further reading, and self-test questions, enabling students to check their understanding of each topic and providing a platform for further study
Introduces a wide range of critical perspectives, encouraging students to appreciate the key debates in the subject
An accompanying Online Resource Centre provides hints on answering the self-test questions posed in the textbook and a selection of the authors published criminal law articles

New to this edition

Fully updated to include coverage of the most recent cases including: Khan 2009, Mason v DPP 2009, and R (Purdy) v DPP 2009
Reflection of the changes in criminal law brought under the Coroners and Justice Act 2009
The Core Text Series provides students with reliable, concise, value-for-money coverage of key legal disciplines. Each title in the series seeks to strip its subject to the core - identifying the fundamental principles which underlie it and concentrating on the most important topics - while continuing to point out the intellectual challenges and difficulties within it. The result is a range of texts which take you straight to the heart of their subject matter by providing a succinct and reliable account of the current law. Written by leading academic authors, titles in the series are invaluable guides for students of law at all levels.
 
Criminal Law Core Text provides a concise account of all the relevant aspects of criminal law in a manageable and thought-provoking manner. Accompanied by the authors expert insight this is an essential introductory guide to criminal law.
 
In an area of law where case law is so integral to an effective understanding of the different legal principles, Criminal Law Core Text provides numerous key case summaries to help you to understand and remember the key points of law.
 
Students are able to consolidate their own learning through the chapter summaries, further reading and self-test question sections of the book.
 
Online Resource Centre
The accompanying Online Resource Centre provides hints on how to answer questions posed in the textbook, and a selection of the authors published articles on criminal law.

Contents

1: Introduction
2: The conduct element of a crime
3: Criminal states of mind
4: Incapacitating conditions
5: General defences
6: Accomplices
7: Inchoate offences
8: Homicide
9: Crimes of non-fatal violence
10: Sexual offences
11: Theft, fraud and other property offences
12: Criminal damage and public order offences
13: Crimes against the environment
Nicola Padfield, Barrister; Bencher of the Middle Temple; Senior Lecturer in Law and Fellow of Fitzwilliam College Cambridge


Cases and Materials on Criminal Law
Edition: 6th
Format: Paperback
Authors: Janet Dine, James Gobert, and William Wilson
ISBN: 978-0-19-954198-0
Publishers: Oxford University Press
Price: £31.99
Publication Date: 30th Sept 2010
 
Publisher's Title Information

Approachable selection of case extracts to elucidate the core principles that govern criminal law
Interlinking commentary from subject experts guides you through the intricacies to make your own assessment of the themes and complexities that exist within criminal law
Clear 4 part structure provides a structured approach to working through the different elements of criminal law
Notes and questions throughout the chapters help you to focus on the key points and relevance of the extracts, as well as highlighting any areas of ambiguity
New to this edition

Two new chapters covering Fraud and European Criminal Law
Developed coverage of deception offences, with case extracts taken from a broader range of offences
Full appreciation of all the latest developments in criminal law
New accompanying Online Resource Centre featuring updates to the law and pointers to answering questions from the text help to support your learning
The compilation of extracts from cases, academic articles, and statutes are carefully selected and abridged by subject experts, to make this a thorough resource for all criminal law students. The authors carefully provide context for the extracts, providing brief introductions to the topic areas and case extracts so that you have the full context within which the law is created and decided.
 
Developed to map closely to criminal law course content this is the perfect companion to your course. All key topic areas are clearly structured guiding you through the law in an approachable and engaging manner. Key extracts from case reports are provided to allow you to understand the judge's logic behind decisions and to develop your skills in reading from actual case reports.
__________________________________________________________________________________
 
Online Resource Centre
 
This text is accompanied by a dedicated Online Resource Centre which provides updates to the law, as well as pointers to answering questions in the text.
__________________________________________________________________________________
Contents

Part I - Foundation principles
1: Crime, punishment, and human rights
2: The conduct component of crime: Actus Reus
3: The mental component of crime: Mens Rea
Part II - Substantive offences
4: Homicide
5: Non fatal offences against the person
6: Sexual offences
7: Property offences
8: Fraud and making off without payment
Part III - Exculpatory conditions and defences
9: The principle of capacity
10: Defences
11: European criminal law
Part IV - Inchoate offences and parties to crime
12: Incitement, conspiracy and attempt
13: Parties to crime

The Authors

Janet Dine, Professor of Law, Queen Mary University of London, James Gobert, Professor of Law, University of Essex, and William Wilson, Professor of Law, Queen Mary University of London


Criminal Litigation Handbook 2010-11
Edition: 2010
Format: Paperback
Author: Martin Hannibal and Lisa Mountford
ISBN: 978-0-19-958974-6
Publishers: Oxford University Press
Price: £32.99
Publication Date: 5th August 2010
 
Publisher's Title Information

 
Innovative and realistic case studies which are supported by online video clips and documentation encourage students to focus on the practical application of the processes and procedures of criminal litigation. Case studies are conveniently featured at the end of relevant chapters, allowing lecturers flexibility in the extent to which they use the the case studies with their students
Self-test questions and summaries at the end of each chapter allow students to easily highlight the key points covered and identify any areas where further work is required
The detailed approach taken by the authors ensures that the student receives a thorough grounding in all aspects of criminal litigation and makes the book well suited to advanced criminal litigation courses
An extensive Online Resource Centre fully supports all aspects of the course and offers freely accessible student resources including updates, case study documentation, links to other useful websites, and additional chapters on fraud and advising at the police station. Lecturer resources include video clips relating to the case studies included within the text, additional video footage showing procedure at the police station, and a test bank of questions to assess their students' knowledge and understanding

New to this edition

The 2010-11 edition includes detailed explanation of the recent developments in criminal litigation and evidence including: the revised Code for Crown Prosecutors; amendments to bail; special measures for witnesses; and judicial decisions on hearsay evidence
Detailed coverage of Crown Court means testing and the new youth rehabilitation order ensures that students are fully prepared for life in practice
An updated and revised bail scenario video based on the R v Lenny Wise case study is included on the Online Resource Centre
An interactive timeline showing the various stages of the life of a typical criminal case according to its classification, and the issues that must be considered at each stage is available on the Online Resource Centre
The Criminal Litigation Handbook offers a comprehensive and practical guide to the areas of criminal litigation covered on the Legal Practice Course. Making effective use of realistic case studies which are backed up by documentation online, the text combines theory with practical considerations and encourages students to focus on putting their knowledge into a practical context. Written in an informal and accessible style, the text covers all procedural and evidential issues that arise in criminal cases. The more complex areas of criminal litigation are examined using numerous diagrams, flowcharts, and examples while potential changes in the law are highlighted by specially designed 'Looking Ahead' boxes. Each chapter ends with a key point summary and self-test questions, enabling students to quickly sum up what they have read and test their own knowledge.
 

Online Resource Centre

The comprehensive Online Resource Centre offers vital support to students throughout their course. Updates are freely accessible to enable students to keep up to date with developments in the field, while links to other useful websites and legislation encourage students to explore the subject area fully.
 
For students who are interested in pursuing police station accreditation as a qualification, an additional online chapter which explores the practice and dynamics of police station practice is included online. To reflect the increasing importance of bad character evidence, a comprehensive case law compendium on bad character is also available online.
 
An interactive time line will help you to see how the whole criminal litigation process fits together and the issues that you need to keep in mind at particular points. The timeline distinguishes between the three classifications of offences (summary-only; either-way and indictable-only).
 
Lecturers are able to access video clips of fictional but realistic court proceedings which follow the case studies included in the text; documentation supporting these case studies is also provided via the site. Additional videos cover the procedure at the police station and sentencing in the Crown Court. Lecturers are also able to access a test bank of questions which provide an innovative way to assess students' understanding.

Contents

Part 1 Introduction to Criminal Litigation
1: Introduction
2: An Introduction to the Law of Criminal Evidence and Advocacy
Part 2 Investigation and Charge
3: The Powers to Stop, Search and Arrest
4: Detention and Interrogation
5: The Right to Silence at the Police Station
6: Challenging unlawfully and unfairly obtained evidence
7: Obtaining Identification Evidence
8: The Decision to Prosecute and the Prosecution's Duties of Disclosure of Evidence
Part 3 From Charge to Trial
9: Public Funding and Early Stages of the Criminal Justice Process
10: The Law and Practice relating to Court Bail
11: Prosecuting an Either-Way Offence
12: Prosecuting Summary Offences
13: Crown Court Proceedings Pre-Trial
14: Trial Before the Crown Court
Part 4 Proving the case - the Rules of Criminal Evidence
15: The Burden of Proof
16: Witness Evidence
17: Corroboration, the 'Turnbull Guidelines' and Opinion Evidence
18: Hearsay Evidence
19: Character Evidence and the accused as a witness at trial
20: Private Privilege
Part 5 Post Conviction: Sentencing and Appeals
21: Sentencing Procedure and the General Principles of Sentencing
22: Specific Types of Sentence and the Plea in Mitigation
23: Sentencing in Road Traffic Cases
24: Appeals
Part 6 Youth Justice
25: Youth Justice Introduction
26: Prosecuting Young Offenders
27: Sentencing Young Offenders

The Authors

Martin Hannibal, Barrister, Senior Lecturer in Law, Staffordshire University, and Lisa Mountford, Solicitor, Senior Lecturer in Law and Fellow of Teaching and Learning, Staffordshire University
Martin Hannibal is a Barrister and a Senior Lecturer at Staffordshire University. He has wide experience of writing on criminal procedure and evidence.
Lisa Mountford is a Solicitor and a Senior Lecturer in Law and Fellow of Teaching and Learning at Staffordshire University. She has extensive experience of teaching criminal litigation to LPC students, and sits as a magistrate.


Criminal Evidence
Edition: 2nd
Format: Paperback
Authors: Paul Roberts and Adrian Zuckerman
ISBN: 978-0-19-923164-5
Publishers: Oxford University Press
Price: £33.99
Publication Date: 26th August 2010
 
Publisher's Title Information
 

A highly original contribution to evidence scholarship providing authoritative commentary on the fundamental principles and underlying logic of the law of criminal evidence
Engages with the broader jurisprudential, moral, and political significance of detailed rules of evidence, encouraging a deeper and more holistic understanding of the subject
Identifies and elucidates coherent foundations of principle for particular evidentiary doctrines including fair trial, the presumption of innocence, the privilege against self-incrimination, hearsay, and bad character
Considers the forensic applications of inductive logic, narrative and probability
Fully integrated coverage of the European Convention on Human Rights and post-Human Rights Act developments to date, alongside relevant jurisprudence from the USA, Australia, Canada and other commonwealth jurisdictions
Conclusion reflects on recent, partly contradictory trends towards constitutionalization, discretionary admissibility and cosmopolitanism in the law of criminal evidence
First edition quickly established itself as a leading evidence text throughout the common law world. It was widely and favourably reviewed (including a symposium issue of the International Commentary on Evidence), and has been cited by the Supreme Court of Canada

New to this edition

The second edition of this critically acclaimed work has been comprehensively revised, to keep each chapter to a manageable length and to enhance the book's thematic approach
Fully updated to account for all major doctrinal developments since the first edition, including new cases on torture evidence, reverse onus clauses, confrontation, hearsay, previous sexual history and bad character
Includes more detailed coverage of the important topic of confession evidence
Engages with recent theoretical scholarship on the law of evidence, including the work of Antony Duff, Hock Lai Ho, Larry Laudan and Alex Stein
Criminal Evidence presents a critical commentary on the rules and principles regulating the admissibility of evidence and the processes of fact-finding in English criminal trials. The existing legal rules and their underlying values are fully contextualised and evaluated, and opportunities for reform are systematically examined.
 
Practical issues of inference and fact-finding are covered in detail, as are the moral and political foundations of evidentiary rules. Theoretical and doctrinal innovation in the presumption of innocence, privilege against self-incrimination, improperly obtained evidence, witness examination, hearsay, character, and the law of corroboration are considered, taking full account of the statutory reforms of the Criminal Justice Act 2003 and subsequent case law.
 
As a contribution to procedural scholarship, Criminal Evidence presents a distinctive vision and stakes out new territory in the law of evidence and proof. Highly engaging, stimulating and provocative, Criminal Evidence provides the ideal text for any student who wishes to gain a detailed understanding of the principles that underlie the law of criminal procedure and evidence. It also provides a valuable source of analysis and commentary for legal practitioners and scholars specializing in criminal litigation, and contributes towards a critical evaluation of recent statutory reforms and their judicial interpretation.

Contents

1.: Understanding criminal evidence
2.: The procedural framework of adversarial jury trial
3.: Sources of information and proof requirements
4.: Relevance, admissibility and fact-finding
5.: Fair trial
6.: Burdens and presumptions
7.: The principle of orality
8.: Examination-in-chief and cross-examination
9.: Hearsay
10.: Vulnerable and intimidated witnesses
11.: Expert evidence
12.: Confessions
13.: The privilege against self-incrimination
14.: The accused's character and extraneous misconduct
15.: Corroboration and forensic reasoning rules
16.: Criminal evidence - retrospective and prospects


The Author
Paul Roberts, Professor of Criminal Jurisprudence, University of Nottingham, and Adrian Zuckerman, Professor of Civil Procedure, University of Oxford


Placing Blame - A Theory of the Criminal Law
Edition: Paperback 2010, 1st Published in 1997
Format: Paperback
Author: Michael S. Moore
ISBN: 978-0-19-959949-3
Publishers: Oxford University Press
Price: £29.99
Publication Date: 15th July 2010
 
Publisher's Title Information

The author is one of the leading Anglo-American legal theorists, and this text is a distillation of many years' work in the field of criminal law theory
Broad scope and interdisciplinary approach allows careful analysis of the wide-ranging questions in criminal law theory
This is a collection of essays written by Moore which form a thorough examination of the theory of criminal responsibility. The author covers a wide range of topics, giving the book a coherence and unity which is rare in assembled essays. Perhaps the most significant feature of this book is Moore's espousal of a retributivist theory of punishment. This anti-utilitarian standpoint is a common thread throughout the book. It is also a trend which is currently manifesting itself in all areas of moral, political and legal philosophy, but Moore is one of the first to apply such attitudes so systematically to criminal law theory. As such, this innovative, new book will be of great interest to all scholars in this field.

Contents

Part One: The Theory of Criminal Law's Function
2: Closet Retributivism
3: The Moral Worth of Retribution
4: Justifying Retributivism
Part Two: The Theory of the General Part: The Theory of Responsibility
A. The Nature of Moral Responsibility
5: The Independent Moral Significance of Wrongdoing
B. The Elements of Responsibility: Wrongdoing and Culpability
1: The Nature of Wrongdoing
a. the Nature of Human Action
6: Moore on Act and Crime
b. The Nature of Causation
7: Causation, Rights-Violations, and Wrongdoing
8: Foreseeing Harm Opaquely
2: The Nature of Culpability
a. The Nature of Mental States
9: Prima Facie Moral Culpability
10: Mind, Brain, and the Unconscious
11: Intentions and Mens Rea
The Nature of Excuse
12: Causation and the Excuses
13: Choice, Character, and Excuse
Part Three: The Theory of the Special Part: Theories of Legislation and of Wrongful Action
A. The Theory of Proper Legislative Aim
16: A Non-Exclusionary Theory of Legislative Aim: Taking Aim at Moral Wrongdoing
B. The Theory of Moral Wrongfulness
17: Torture and the Balance of Evils
C. The Theory of the Limits of Criminal Legislation
18: Liberty's Limits on Legislation

Reviews

"The high-point of Moore's exposition ... is a fine and psychologically penetrating defense of subjective moral institutions and emotions as 'heuristic indicators' of moral truths." - Books and Culture, July/Aug. 2000.
"In an elegant and masterly introductory essay, laying out in order all the tasks of a theory of criminal law, he pleads that any 'deep theory' of the way law operates must take a moral point of view and be founded on moral institutions." - Books and Culture, July/Aug. 2000.
"This book belongs on the shelves of every serious criminal law theorist and every research library in the world." - M. M. Feeley, University of California, Berkeley, Choice, Feb 1999, Vol 36, no. 6
"The book has four particular qualities which mark it out as a distinctive contribution to criminal law theory... its scope is remarkably broad. Furthermore, Moore brings an unusual combination of disciplinary perspectives to bear on the wide range of questions which he considers. Moore is also unusual in giving the emotions a central place in his theory of criminal law. One has to admire the originality of Moore's position. He is a trenchant anti-consequentialist in ethics who nonetheless provides a careful analysis of the proper role of consequential arguments in shaping criminal law." - Nicola Lacey, The Modern Law Review
"... these are high-quality essays by a considerable figure, and should be read by anyone interested in criminal theory who has not done so already." - A. P. Simester, The Cambridge Law Journal, 1998.

Readership:

Scholars of criminal law and the philosophy of law.

Preface

This book has been written on the instalment plan over a number of years. Each of the chapters within it was conceived and executed as a self-contained paper on some isolatable aspect of criminal law theory. Nonetheless, with a little interstitial filling, mostly given by the long introductory chapter, the essays collectively address what I take to be the central questions of criminal law theory.

Because some of these essays were written some time ago, and because some of them Were written as critiques of others' work, I have been tempted to rewrite them in a more positive vein while also taking into account my own later developed views. I have by and large resisted that temptation since I believe the essays can be welded together without such recasting. The major exception is the first chapter, where I have made some changes over the original. Some of these changes were necessitated by the addition of new chapters after the original introduction was written and published (chapter 6, for example, became a book of its own, now replaced with an essay giving an extended defence of that book against various criticisms). Other changes in the introductory chapter are due to alteration in my own thoughts about how criminal law theory is best organized. It seemed important that the 'glue' be as current as possible, even if the pieces glued together are of various vintages.

As the acknowledgements indicate, the chapters in this book have profited from numerous critical exchanges, both oral and written, at the workshops and symposia at which they were given. My thanks go to those numerous participants at those gatherings whose comments have made the essays better than they otherwise would have been. I doubtlessly have not satisfied much of the criticism which I received, as much as I may feel that I have benefited from it.

M .M. Villa Serbelloni Bellagio, Italy July 1996


Act and Crime
The Philosophy of Action and its Implications for Criminal Law
Edition: Paperback 2010 1st Published in 1993
Format: Paperback
Author: Michael S. Moore
ISBN: 978-0-19-959950-9
Publishers: Oxford University Press
Price: £24.99
Publication Date: 5th August 2010
 
Publisher's Title Information


A comprehensive examination of the relationship between the substantive criminal law and the philosophy of action
Written by one of the foremost Anglo-American legal theorists
In print for the first time in over ten years, Act and Crime provides a unified account of the theory of action presupposed by both Anglo-American criminal law and the morality that underlies it. The book defends the view that human actions are always volitionally caused bodily movements and nothing else. The theory is used to illuminate three major problems in the drafting and the interpretation of criminal codes: 1) what the voluntary act requirement both does and should require; 2) what complex descriptions of actions prohibited by criminal codes both do and should require (in addition to the doing of a voluntary act); and 3) when two actions are 'the same' for purposes of assessing whether multiple prosecutions and multiple punishments are warranted. The book both contributes to the development of a coherent theory of action in philosophy, and it provides both legislators and judges (and the lawyers who argue to both) a grounding in three of the most basic elements of criminal liability.
Readership: Students and scholars in the philosophy of law, particularly in criminal and tort law.
The specification in this catalogue, including without limitation price, format, extent, number of illustrations, and month of publication, was as accurate as possible at the time the catalogue was compiled. Occasionally, due to the nature of some contractual restrictions, we are unable to ship a specific product to a particular territory. Jacket images are provisional and liable to change before publication.

Contents

Preface to the Paperback Edition
1: Introduction: Criminal Law's Three Conduct Requirements
Part I: Basic Acts and the Act Requirement
2: The Doctrinal Unity of the Act Requirement
3: The Orthodox View of the Act Requirement and Its Normative Defence
4: The Metaphysics of Basic Acts I: The Existence of Actions
5: The Metaphysics of Basic Acts II: The Identity of Actions with Bodily Movements
6: The Metaphysics of Basic Acts III: Volitions as the Essential Source of Actions
Part II: Complex Action Descriptions and the Actus Reus Requirement
7: The Doctrinal Basis of the Actus Reus Requirement
8: Unity in Complex Action Description and in the Actus Reus Requirement
9: The Normative Basis for the Actus Reus Requirement
10: The Metaphysics of Complex Actions I: The Dependence of Complex Actions on Basic Acts
11: The Metaphysics of Complex Actions II: The Identity of Complex Actions with Basic Acts
Part III: The Identity Conditions of Actions and the Double Jeopardy Requirement
12: The Doctrinal and Normative Basis of the Double Jeopardy Requirement
13: Legal, Moral, and Metaphysical Notions of the 'Sameness' of Action-Types
14: Legal, Moral, and Metaphysical Notions of the 'Sameness' of Act-Tokens

The Author

Michael S. Moore, Charles R. Walgreen Jr., University Chair and Centre for Advanced Study Professor of Law and Philosophy, University of Illinois


Criminal Justice
Edition: Fourth Edition
Format: Paperback
Authors: Andrew Sanders, Richard Young, and Mandy Burton
ISBN: 978-0-19-954131-7
Publishers: Oxford University Press
Price: £27.99
Publication Date: 15th July 2010
 
Publisher's Title Information
 

The authors provide a rigorous and stimulating critique of the criminal justice system, encouraging students to question the extent to which it achieves it aims
The text includes discussion and analysis of a broad range of research, undertaken by a number of specialists including authors themselves, who are widely considered to be at the forefront of the field
Includes summaries and selected further reading to pinpoint the key issues and to help students engage with and read around the subject
The fourth edition is supported by an accompanying Online Resource Centre, which provides updates to the law and web links to relevant legislation and news stories

New to this edition

An experienced new co-author, Dr. Mandy Burton, joins the writing team for the fourth edition
The text now features chapter summaries and selected further reading lists to support the student and encourage further research
The fourth edition is supported by a new Online Resource Centre providing updates to the law and web links to relevant legislation, news stories, and radio programmes
The content of the book has been fully updated to include coverage of new legislation, case law, research and policy developments
The text is informed by the authors' own specialist research into penalty notices for disorder and integrated domestic violence courts
What does it mean to be 'under arrest'? Who can limit police powers, and why do miscarriages of justice occur? The fourth edition of Criminal Justice provides a comprehensive overview of the criminal justice system in England and Wales, as well as thought-provoking insights into how it might be altered and improved. Tracing the procedures surrounding the apprehension, investigation and trial of suspected offenders, this book is the ideal companion for law and criminology students alike. As the authors combine the relevant legislation with fresh research findings and policy initiatives, the resulting text is a fascinating blend of socio-legal analysis.
 
Whilst retaining its authoritative treatment of the issues at the heart of criminal justice, the fourth edition has been fully updated with recent developments, including recent terrorism legislation and the Criminal Justice and Immigration Bill. Students are aided by the addition of chapter summaries and further reading lists, while a new Online Resource Centre directs them to related cases and current events, successfully highlighting the importance and ever-changing nature of the subject.
 

Online Resource Centre
 
Updates
Web links

Readership: Undergraduates taking criminal justice modules as part of a criminology or criminal justice degree programme, as well as and law and sociology undergraduates opting to study criminal justice.

Contents

1: The aims and values of 'criminal justice'
2: Stop and search
3: Arrest
4: Detention in the police station
5: Police questioning of suspects
6: Non-interrogatory evidence
7: Prosecutions
8: The mass production of guilty pleas
9: Summary justice in the magistrates' court
10: Trial by judge and jury
11: Appeals against conviction
12: Remedying police malpractice
13: Victims, the accused and the future of criminal justice
The Authors
Andrew Sanders, Professor of Criminal Law and Criminology, University of Birmingham, Richard Young, Professor of Law and Policy Research, University of Bristol, and Mandy Burton, Professor of Socio-Legal Studies, University of Leicester

Preface

Less than four years have elapsed since the third edition of this text was published in 2007. In the preface to that edition we observed that there had been a huge number of developments in criminal justice since the previous edition in 2000: Despite this, we said, the fundamentals of the subject remained the same.

This is all as true now as it was in 2007. There has been constant legislative change, and policy development. There has been less academic research than in previous years, but inspectorates and other government agencies have been busier than ever. We will see that their reports and evaluations are often as revealing as academic research is of criminal justice failings and problems. And the fundamentals? These are, primarily, that criminal justice continues on the course we have charted ever since the first edition in 1994. That is, the appearance of fairness in the black letter of the law is frequently not matched by the reality (ie by the way the system really works); the rights of the accused, and the civil liberties of us all, are being steadily eroded; and minorities and the less privileged suffer from the heavy hand of the state disproportionately. The government tries to justify all this in the name of protecting victims, bringing more offenders to justice, fighting terrorism and using resources efficiently.

Readers should decide for themselves whether the gains outweigh the losses, and whether the government really believes its own justifications. We are clear in our views, and continue to make them clear throughout the book: we don't think the gains outweigh the losses and we believe the government is often dishonest. The dismissal in 2009 of the Independent Chair of the Advisory Council on the Misuse of Drugs - the unfortunately named Professor Nutt - is a striking example. The Home Secretary said that he could not have a government advisor publicly criticising government policy (in this case, on the upgrading of cannabis) even when the criticism was based on evidence it was the Council's duty to gather and disseminate. In the Preface to the third edition we said that we might be able to report in later editions that someone had listened to reason and evidence, and that criminal justice had changed direction. Sadly, we were too optimistic: no-one is listening. Not in government at any rate. Or maybe they are - but fear that if they take notice they, too, will be sacked.

Nonetheless, no academic subject is an exact science. We do not expect everyone to agree with us, and do not want people to feel obliged to agree simply because we are 'experts'. We only ask that you allow your assumptions to be challenged and your intellect to be engaged. If your sense of injustice and your desire to make the world a better place for those without the power to challenge those in authority is heightened, so much the better. Then make up your own minds. We do not pretend to be objective: we say what we think is wrong with the system, and how we think it should be improved. We encourage you to do the same. Studying academic subjects should not only involve learning what the rules are. Academics and students alike should evaluate those rules and ask whether they are fair.

This edition follows the pattern of previous editions. For the first time there are no structural changes. As before, we have written a socio-legal textbook for students. That means that we go behind the legislation and cases to examine the policy behind the law, and whether those policies are successful. To do that we necessarily look at research on how the system works and who is affected by it - often in unintended and brutal ways. There is enough 'law' here for law students, and enough criminology for social science students. We hope that readers will get a feel for what it is like to be at the receiving end of criminal justice - not just accused people, but victims, police officers and lawyers too. The inclusion in this edition of lots of references to websites hosting video evidence of how the police use their powers (and their power) should help bring the reality of the system home.

As in previous editions, we do not pretend to cover all of the sprawling mess that now constitutes our criminal justice system. In particular, we say very little about sentencing and punishment. The book would be too big if we tried, and there are plenty of other good books on penology. However, the approach we adopt can be applied to any criminal justice topic, and we encourage readers to look into issues we do not discuss and evaluate them for yourselves. Major developments up to the end of 2009 are covered, and web links were tested soon after. Nonetheless, the furious pace of change in criminal justice means that much of the detail in the book will become out of date in a distressingly short space of time. However, we refer readers to our new Online Resource Centre, where we will endeavour to cover important changes as they occur.

Too many people helped us in so many different ways that we cannot name them all, so we will not identify any. If we did they'd be all too likely to find themselves on a database somewhere. But we cannot let the love and support of our partners, Jo, Hannah, Chee. (even if our various children are to numerous name), go unnoticed. Three partners? What's going on? Well, the best change since the last edition has been the addition of Dr Mandy Burton to the writing team, and Andrew and Richard take this opportunity to thank her for joining with us. We must also thank Melanie Jackson of OUP for keeping faith with us and putting up with the inevitable delays. Only three months late this time; a record.

And now, finally, aren't we missing something? Perhaps the most significant event of the last four years is the financial crisis and subsequent virtual melt-down of most Western economies. Individuals who behaved as irresponsibly as the financial institutions did would probably be prosecuted. Individuals as lax as the government and its regulatory agencies were in watching over those financial institutions would probably, again, be prosecuted. But there is no mention of the crisis in this book. Because there isn't one law for us all. Many of the banks have been bailed out by government. They have made profits and the bankers responsible for the crisis have been rewarded with bonuses yet again.

We've all been robbed and we will be paying, literally, for the failings of the banks, bankers, regulators and government for years to come. Criminal justice will take its share of the consequent financial cuts (as indeed will higher education) and by the end of this book you'll have a good idea of who will suffer most as a result. But no-one, at the time of writing, has been prosecuted, and much of the wrongdoing was not criminal. It's an object-lesson in how what is not criminal is often worse than that which is. We hope that reading this book will give you some insight into why this is and why some people are protected while others are not.

It's not all doom and gloom, however, and the observant reader will still find the occasional joke tucked away in the pages that follow. While Criminal Justice may have gone for a Burton, our sense of hope, and dark humour, lingers on.

Mandy Burton, Leicester
Andrew Sanders, Birmingham
Richard Young, Tickenham Village Hall


The Law of Public Order and Protest
Edition: 1st
Format: Hardback
Authors: HHJ Peter Thornton QC, Ruth Brander, Richard Thomas, David Rhodes, Mike Schwarz, and Edward Rees
ISBN: 978-0-19-956614-3
Publishers: Oxford University Press
Price: :£95.00
Publication Date: 25 March 2010
 
Publisher's Title Information
 

Provides a systematic in-depth analysis of the law relating to public order and the right to protest, as well as procedure and evidential issues.
Written by a team of expert practitioners, including His Honour Judge Peter Thornton QC
Examines all offences brought in by statute since the Public Order Act 1986, as well as common law offences - includes coverage of riot and affray, picketing, aggravated trespass, incitement to racial and religious hatred, and possession offences.
 
Provides comprehensive coverage of all key legislation including the Public Order Act 1986, the Criminal Justice and Public Order Act 1994, the Anti-Terrorism, Crime and Security Act 2001 and the Serious Organised Crime and Police Act 2005.
Clear and practical layout gives practitioners easy access to important principles and key cases
Analyses the case law in both the domestic and European human rights context including Brutus v Cozens, DPP v Jones, Ezelin v France, Hubbard v Pitt, R v Howell, and Steele v UK.
Looks at the legal principles and constitutional background.
 
The landscape of public order law has changed dramatically over the last decade. A wide range of legislation - including the Serious Organised Crime and Police Act 2005 and the Anti-Terrorism, Crime and Security Act 2001 has been enacted, and established legislation on trespass, criminal damage and the use of the highway, has been put to new use in the criminalisation of protestors.
 
The Law of Public Order and Protest provides a systematic, in-depth analysis of the law relating to public order and the right to protest. The text provides a comprehensive guide to the area, analysing the underlying legal principles and constitutional and human rights background, as well as guiding readers through all procedural matters, the use of police powers, evidential issues, defences, and available orders (including ASBOs). The narrative also analyses the case law in both the domestic and European human rights context.
 
The comprehensive work examines all offences brought in by statute since the Public Order Act 1986 as well as the remaining common law offences. It features offences from riot and affray, through to picketing, harassment, aggravated trespass, incitement to racial and religious hatred, and possession offences. It is up to date with the latest legislative interventions, including the new offence of glorifying terrorism, and measures introduced under the Serious Organised Crime and Police Act 2005. This new work steers you through the maze of legislation in this complex area.
Readership: The primary readership will be criminal lawyers (defence and prosecution) and judges. There will be secondary markets amongst public law practitioners and academics.
 

Contents
1: The Public Order Act 1986: Offences
A. Introduction
B. Riot: Public Order Act 1986, s 1
C. Violent Disorder: Public Order Act 1986, s 2
D. Affray: Public Order Act 1986, s 3
E. Fear or Provocation of Violence: Public Order Act 1986, s 4
F. Harassment, Alarm, or Distress: s 5
G. Intentional Harassment, Alarm or Distress: Public Order Act 1986, s 4A
2: Other Public Order Offences
A. Overview
B. Assault on or Obstruction of a Constable in the Execution of his Duty
C. Prohibition of Political Uniforms
D. Prohibition of Quasi-Military Organizations
E: Bomb Hoaxes
F: Racial and Religious Hatred
G: Public Nuisance
H: Criminal Damage
I. Animal Research Facilities
J. Contamination or Interfering with Goods
K. Intimidation, including Watching and Besetting
L. Drunk and Disorderly
M. Football Related Disorder
N: Taking a Photograph of a Police Officer
3: Processions, Assemblies, and Meetings
A. Overview
B. Processions
C. Assemblies
D. Meetings
E. Parliament Square
F. Other Specific Areas
G. Other Offences Specific to Location
H. By-Laws
4: Use of the Highway
A. Introduction
B. Definition of the Highway
C. Use of the Highway
D. Obstruction of the Highway
E. Picketing
F. Police Road Blocks
G. By-Laws
H. Street-based Prostitution
5: Trespass to Land
A. Introduction
B. Civil Law of Trespass to Land
C. Criminal Law
6: Police Powers Before Arrest
A. The Nature of Policing
B. Contact with the Police Short of Arrest
C. Establishing Identity
D. Control of Movement
E. Stop and Search: Before Arrest
F. Breach of the Peace
G. The Use of Force by the Police
H. Conclusion
7: Arrest, Detention, and Bail
A. Arrest
B. Detention at the Police Station
C. Bail Conditions and Remands in Custody After Charge
8: Defences of Excuse and Justification
A. Introduction
B. General Principles
C. The Prevention of Crime
D. The Protection of Property
E. Necessity/Duress of Circumstances
F. Acting in the Public Interest
9: Punishment, Appeals, and Restrictive Orders
A. Sentencing Principles in Protest Cases
B. Binding Over
C. Alternatives to Conviction
D. Appeals
E. Injunctions
F. Anti-Social Behaviour Orders (ASBOs)
G. Football Banning Orders
10: Human Rights
A. Introduction
B. Articles 10 and 11
C. Article 9: Freedom of Thought, Conscience, and Religion
D. Article 8: Right to Respect for Private and Family Life
E: Article 5: Right to Liberty and Security
F: Article 6: Right to a Fair Trial
G: Article 2: Right to Life
H: Article 3: Prohibition of Torture
Index
 

The Authors

HHJ Peter Thornton QC, Senior Circuit Judge, Central Criminal Court, Ruth Brander, Barrister, Doughty Street Chambers, Richard Thomas, Barrister, Doughty Street Chambers, David Rhodes, Barrister, Doughty Street Chambers, Mike Schwarz, Partner, Bindmans LLP, and Edward Rees, Barrister, Doughty Street Chambers


Principles of Mental Health Law and Policy
Edition: 1st
Format: Hardback
Author: Edited by Lawrence Gostin, Jean McHale, Philip Fennell, Ronald D. Mackay, and Peter Bartlett
ISBN: 978-0-19-927936-4
Publishers: Oxford University Press
Price: £195
Publication Date: 25 March 2010
 

This authoritative text is the only work of its kind to provide a comprehensive analysis of the influential and considerable development of mental health law over the last 30 years
Analyses the substantial amendments to the Mental Health Act 1983 and the Mental Capacity Act 2005 brought about by the Mental Health Act 2007, which began a period of unprecedented change as the government seeks to strike the balance between patient safeguards and protecting the public
Provides an indispensible and practical guide to the Mental Health Act 2007 and its impact on everyday practice both in law and psychiatry
Examines in one volume, all the legislation, regulation and policy on mental health law including relevant domestic and European case law
Provides practical and procedural advice on all areas of mental health law including the Court of Protection, the criminal justice system, and patient care
Written and edited by a leading national and international team of experts
Principles of Mental Health Law provides a comprehensive account of the law concerning mental health in England and Wales. From the historical backdrop to the current law in the area it provides detailed examination of the Mental Health Act 1983 and the changes introduced by the new Mental Health Act 2007. The regulation of care and treatment in hospital and the community is explored. The book also goes beyond the legislation to explore the legal and regulatory challenges in the area of mental health in a range of areas from confidentiality and privacy to causation and limitation. The chapters are written by leading national and international authorities in the area of mental health.
Readership: Legal Practitioners and Academics working in medical and mental health law. The book will also be of interest to Postgraduate Students, NHS organisations and Health Policy Makers

Contents
1. History and Context of Mental Health Law and Policy
1: Peter Bartlett and Philip Fennell: History, Policy and Regulation
2: Philip Fennell: Mental Disorder
3: Lance Gable and Lawrence Gostin: Human Rights
4: Peter Bartlett, Philip Fennell and Jean McHale: Capacity
2. The Mental Health System: Advocacy, Services and Accountability
5: Jean McHale: The Legal Regulation of Mental Health Services in the NHS
6: Jean McHale: Scrutiny of Standards in Mental Health Services
7: Luke Clements: Social Services
8: Nicola Glover-Thomas and Judith Laing: Mental Health Professionals
9: Kirsty Keywood: Nominated Person/Advocates
10: Jonathan Herring: Carers
11: Philip Fennell: Tribunal Structure
3. Care and Civil Compulsion: Assessment, Supervision and Treatment
12: Peter Bartlett: Informal Admission
13: Peter Bartlett: Civil Confinement
14: Nell Munro: Treatment
15: John Dawson: Supervised Community Treatment Orders
16: Philip Fennell: Discharge from Hospital
17: Philip Fennell: Removal and Return of Patients and Repatriation of Prisoners
18: Ralph Sandland: Children
4. The Criminal Justice System
19: Philip Fennell: Powers of the Police and the Decision to Prosecute
20: Ronnie Mackay: Mental Disability at the Time of the Offence
21: Ronnie Mackay: Mental Disability at the Time of the Trial
22: Philip Fennell: Mental Disability and the Sentencing Decision
23: Ronnie Mackay: Transfer to Hospital
5. Patient Protection, Rights and Disabilities
24: Jean McHale: Privacy
25: Philip Fennell: Rights and Disabilities of Patients
26: Jean McHale: Mental Health, Mental Capacity and Research
27: Philip Fennell and Lawrence Gostin: Disability Discrimination
28: Philip Fennell: Offences


The Authors

Edited by Lawrence Gostin, Georgetown University, Jean McHale, University of Birmingham, Philip Fennell, Cardiff University, Ronald D. Mackay, De Montfort University, and Peter Bartlett, University of Nottingham


Contributors:
 
Peter Bartlett, School of Law, University of Nottingham
Luke Clements, Cardiff Law School, Cardiff University
John Dawson, Professor at the Faculty of Law, University of Otago and Visiting Professor at the University of Oxford
Philip Fennell, Cardiff Law School, Cardiff University
Lance Gable, Assistant Professor of Law, Wayne State University
Kris Gledhill, Faculty of Law, University of Auckland
Nicola Glover-Thomas, Reader in Law, Director of Research, Liverpool Law School
Lawrence Gostin, Associate Dean and Professor of Global Health Law, Georgetown University Law Center
Jonathan Herring, Exeter College, University of Oxford
Judith Laing, Lecturer in Law, University of Bristol
Jean McHale, Professor of Health Care Law and Director of the Institute of Medical Law, Law School, University of Birmingham
Ronald D. Mackay, Professor of Law, De Montfort University
Nell Munro, School of Law, University of Nottingham
Ralph Sandland, of School of Law, University of Nottingham


Blackstone's Magistrates' Court Handbook 2010
Edition: 2010
Format: Paperback
Author: Andrew Keogh
ISBN: 978-0-19-957668-5
Publishers: Oxford University Press
Price: £39.95
Publication Date: 28 January 2010
 

Publisher's Title Information
 
Written by Andrew Keogh, a leading authority for criminal practitioners and the editor of CrimeLine
Provides an indispensable complete guide to the magistrate's court, with extensive coverage of offences, sentencing, procedural and evidential issues
Concentrates on the offences most commonly encountered by criminal practitioners including public order, drugs, weapons, driving, criminal damages, and sexual offences
Published in a pocket-sized format with durable cover, ideal for everyday use at court
Enables instant decision-making through a clear system of practical icons, tables and diagrams clarifying complex topics
Reproduces the relevant extracts of the new Magistrates' Court Sentencing Guidelines
Internal cross-referencing (e.g. between the ASBOs coverage in Parts C and D)
Includes selective cross-referencing to Blackstone's Criminal Practice, to guide the practitioner needing additional detail
 
New to this edition
 
New Part on the Youth Court, one of the most complex aspects of magistrates' court procedure
Part A renamed Procedure and Evidence and expanded to include; Admissibility and Exclusion of Evidence, Amending Charge, Bad Character, Case Management, Commencing Proceedings, Constitution and Jurisdiction, Disclosure, Hearsay, Identification Evidence, Mental Disorder, Proof, Silence and Confessions, Submission of No Case, and Witnesses
Completely rewritten and expanded sections on Abuse of Process and Costs
Part C on Offences provides expanded treatment of the offences; further coverage on ASBOs and Road Traffic offences, additional Public Order offences, and new coverage on tax credit fraud.
Part D on Sentencing expanded to include further coverage on ASBOs, and a short summary overview of the key Sentencing Principles
Internal cross-referencing (e.g. between the ASBOs coverage in Parts C and D)
Cross-references to Blackstone's Criminal Practice included where relevant, to guide the practitioner to additional detail
Now in its second edition, Blackstone's Magistrates' Court Handbook provides an indispensable, complete and practical guide for the busy court advocate, offering extensive coverage of offences, sentencing, procedure and evidential issues.
 
Covering all the key aspects of magistrates' court practice, the book places strong emphasis on the areas most likely to arise at short notice requiring an instant response from the advocate, as well as on those offences most frequently experienced at court by a legal aid lawyer, such as public order, drugs, weapons, driving, criminal damage and sexual offences.
New Part on the Youth Court, one of the most complex aspects of magistrates' court procedure
Part A renamed Procedure and Evidence and expanded to include; Admissibility and Exclusion of Evidence, Amending Charge, Bad Character, Case Management, Commencing Proceedings, Constitution and Jurisdiction, Disclosure, Hearsay, Identification Evidence, Mental Disorder, and Submission of No Case.
Expanded sections on Abuse of Process and Costs
Part C on Offences provides expanded treatment of the offences, further coverage on Road Traffic offences, additional Public Order offences, and new coverage on tax credit fraud.
 
Blackstone's Magistrate's Court Handbook is presented in an easy-to-use format, facilitating quick reading and instant decision-making. The text is broken down with frequent headings and bullet points, and there are a number of table and flow-charts, particularly on complex sentencing topics, as well as a clear system of icons to aid comprehension and speedy navigation.
Readership: The primary market is comprised of criminal law solicitors (especially duty solicitors), junior barristers, and CPS advocates focussed on magistrates' court work. There is also a secondary market amongst justices clerks and legal advisers in the magistrates court, and criminal solicitors in Northern Ireland.
 

Contents
Calendar
Custody time limit calculator
Mini index of offences (A-Z)
Icons List
Table of Cases
Table of Legislation
Part A: Procedure and Evidence
A1: Abuse of Process
A2: Adjournments
A3: Admissibility and Exclusion of Evidence
A4: Advance Information
A5: Amending Charge
A6: Appeals and Reopening
A7: Bad character
A8: Bail
A9: Binding Rulings
A10: Case Management
A11: Commencing Proceedings
A12: Constitution and Jurisdiction
A13: Clerks Retiring with Justices
A14: Committal, Sending, and Transfer for Trial
A15: Costs (Defendants)
A16: Custody Time Limits
A17: Disclosure
A18: Evidence in Civil Cases
A19: Handcuffs Applications
A20: Hearsay
A21: Identification Evidence
A22: Legal Aid
A23: Mental Disorder
A24: Misbehaviour at Court
A25: Mode of Trial, Allocation and Plea Before Venue
A26: Remand Periods
A27: Reporting Restrictions
A28: Special Measures and Vulnerable Witnesses
A29: Submission of No Case
Part B: Youth Court
B1: General Provisions
B2: Mode of Trial and Allocation
B3: Bail: Young Offenders
B4: Sentencing Overview
Part C: Offences
C1: Animal Cruelty
C2: Anti-Social Behaviour Order, Breach of
C3: Bail, Failure to Surrender
C4: Communication Network Offences
C5: Criminal Damage
C6: Drugs
C7: Education Act, School Non-Attendance
C8: Education Act, School Non-Attendance
C9: Protective Order, Breach of
C10: Public Order
C11: Road Traffic Offences, Definitions
C12: Road Traffic Offences, Suitable for Fine/Discharge
C13: Sexual Offences
C14: Theft, Fraud, and Evasion
C15: TV Licence Payment Evasion
C16: Violence Against the Person
Part D: Sentencing
D1: Action Plan Order
D2: Age of Offender
D3: Alteration of Sentence
D4: Anti-Social Behaviour Orders
D5: Attendance Centre Order
D6: Banning Orders
D7: Bind Over
D8: Breach of Community Order
D9: Breach of Supervision Orders
D10: Committal for Sentence
D11: Committal for Sentence: Dangerous Young Offender
D12: Community Orders and Sentences: General
D13: Community Punishment and Rehabilitation Orders
D14: Community Punishment Order
D15: Community Rehabilitation Order
D16: Compensation Order
D17: Conditional and Absolute Discharge
D18: Confiscation, Proceeds of Crime Act 2002
D19: Curfew Order
D20: Custodial Sentences
D21: Dangerous Offenders
D22: Deferment of Sentence
D23: Deportation
D24: Deprivation Order
D25: Detention and Training Order
D26: Detention in Young Offender Institution
D27: Detention under Section 91 PCC(S)A 2000
D28: Discounts for Early Plea
D29: Disqualification from Driving
D30: Disqualification of Company Directors
D31: Drink Banning Order
D32: Drug Abstinence Order
D33: Drug Treatment and Testing Order
D34: Exclusion from Licensed Premises
D35: Exclusion Order
D36: Financial Circumstances Order
D37: Financial Reporting Order
D38: Fines
D39: Forfeiture Order
D40: Guardianship and Hospital Orders
D41: Newton Hearings
D42: Offences Taken into Consideration
D43: Parenting Order
D44: Parents and Guardians, Liability and Responsibility
D45: Penalty Points for Driving Offences
D46: Prescribed Minimum Sentences
D47: Pre-Sentence Drug Testing
D48: Pre-Sentence Reports
D49: Previous Convictions
D50: Prosecution Costs
D51: Racially and Religiously Aggravated Crimes
D52: Referral Orders
D53: Remand to Hospital for Reports
D54: Remitting a Juvenile
D55: Reparation Order
D56: Restitution Order
D57: Restraining Order
D58: Return to Custody
D59: Sentencing Guidelines Issued by Sentencing Guidelines Council
D60: Sexual Offences Notification Requirements
D61: Sexual Offences Prevention Order
D62: Supervision Order
D63: Surcharge Order
D64: Suspended Sentences
D65: Time on Remand
D66: Youth Community Orders
Appendix 1: CPS Scales of Cost
Index
 
Reviews


"I shall want rarely to be without it. As a Resident Judge I am regularly dealing with the interface between the Crown Court and the Magistrates Court. I often find myself groping for information about the regular practice and procedure in the Magistrates Court. It has until now been difficult to find help consistently in any one place . . . Thank you for this gem of a book" - HHJ Peter Collier

The Author
Andrew Keogh, Partner, Keogh Solicitors


Forensic Science: A Very Short Introduction
Edition: 1st
Format: Paperback
15 black and white illustrations
Author: Jim Fraser
ISBN: 978-0-19-955805-6
Publishers: Oxford University Press
Price: £7.99
Publication Date: 25 February 2010
 
Publisher's Title Information
 

Examines what forensic science is, how it is used in the investigation of crime, and the principles and processes of crime scene management
Considers how forensic science serves the criminal justice system and the challenges of communicating complex scientific evidence
Demonstrates the techniques that are used to recover evidence and the potential range of methods available for analysis
Highlights the importance of the discovery of DNA profiling by Sir Alec Jeffreys, the emergence of the DNA database, and the ethical issues relating to it.
 
Forensic science is a subject of wide fascination. What happens at a crime scene? How does DNA profiling work? How can it help solve crimes that happened 20 years ago?
 
In forensic science, a criminal case can often hinge on a piece of evidence such as a hair, a blood trace, half a footprint, or a tyre mark. High profile cases such as the Stephen Lawrence enquiry and the Madeleine McCann case have attracted enormous media attention and enhanced this interest in recent years. However, the public understanding of forensic science is poor, and largely based on TV shows such as CSI: Crime Scene Investigation, which exploit high-tech imagery for dramatic effect.
 
Forensic science is a complex activity at the interface of science and law. However, it also deals with real life issues and its results are interpreted within unique situations. Complex scientific findings must be considered carefully, dispassionately, and communicated with clarity, simplicity, and precision.
 
In this Very Short Introduction, Jim Fraser introduces the concept of forensic science and explains how it is used in the investigation of crime. He begins at the crime scene itself, explaining the principles and processes of crime scene management. He explores how forensic scientists work; from the reconstruction of events to laboratory examinations. He considers the techniques they use, such as fingerprinting, and goes on to highlight the immense impact DNA profiling has had. Providing examples from forensic science cases in the UK, US, and other countries, he considers the techniques and challenges faced around the world.
Readership: General readers, especially those interested in crime, criminology, and forensics. Also of interest to students of criminology, social science, science, and medicine. Police officers, scenes of crime officers, and other professionals working in the area may also be interested.

Contents
1: What is forensic science?
2: Investigating crime
3: Crime scene management and forensic investigation
4: Laboratory examination - search, recovery, and analysis
5: DNA - identity, relationships, and databases
6: Prints and marks - more ways to identify people and things
7: Trace evidence
8: Drugs - identifying illicit substances
9: Science and justice
Afterword: concluding remarks and the future developments
 
The Author
Jim Fraser, Professor of Forensic Science and Director of the University of Strathclyde's Centre for Forensic Science

Review
 
This book is one of more than 200 in the 'Very Short Introductions' series. If most of the other books in this series are up to the same very high standard as this Forensic Science Introduction, then I believe this series will become extremely popular.
 
This publication takes the reader through all aspects of this sometimes complicated subject, and I was pleasantly surprised at just how much information the author has managed to cram into it.

In the Preface the author reminds the reader that there is now more interest in forensic science than at any previous time in history, with more students studying 'forensic' courses in the UK than ever before. Despite this, understanding of forensic science is poor even amongst those, such as lawyers and police officers, who are required to use it, as well as others such as politicians and journalists. Public understanding of the subject is largely based on TV shows, such as CSI, (Crime Scene Investigation). The author points out, (and I entirely agree with him), that the expectations and misconceptions about forensic science on the part of the public as a result of the 'CSI effect', may have adverse influences on jury decisions.

The author stresses the point that forensic science is a complex activity at the interface of science and law, and that it is not a discipline in its own right, but engages in many wide-ranging disciplines. Complex scientific findings must be weighed carefully and dispassionately, and communicated with clarity, simplicity and precision to police, lawyers, jurors and the judiciary.

The author rightly states that in a book of this type and length, it is impossible to do justice to all areas of forensic science, so he explains that he has necessarily had to select some things and exclude others. It is my view that this selection process has been first-class. The author has included in this publication every subject that I would expect to find in this type of book and indeed several others as well.
I was very gratified to see that the author, in identifying the central issues of forensic science has placed at the top of those issues, identification and evidence evaluation, continuity of evidence and minimising contamination.

In the first chapter the author attempts to answer the question 'What is Forensic Science?' The answer given, should I believe, be read and understood, by anybody who is considering entering this particular field, and certainly by TV and film producers who include any form of forensic investigation in their productions.

Throughout the book the author makes use of illustrations and tables, which assist the reader in understanding the given subject. I recommend that the table entitled 'packaging of forensic evidence' should be read by every TV producer of a police or crime-orientated programme, whether it be 'true life' or fiction.

The various chapters in the book, (nine in all) cover almost everything that I would expect to see in such a publication. I was very pleased to see crime-scene management, investigating crime and fingerprints given almost as much attention as DNA and laboratory examination.
Worthy of a special mention is the final chapter entitled 'Science and Justice', in which the author writes about, (amongst other things), statistical probabilities, rules of evidence, expertise and expert witnesses. For those who would like to know more about this subject, there is a valuable section at the end of the book entitled 'Further Reading'.

It is my view that this is an extremely well written and interesting book that, given the constraints of being a 'very short introduction' covers all the main aspects of forensic science very well.
I recommend this publication to general readers and especially those interested in crime, criminology and forensics. I believe that this book will also make very interesting and informative reading for students of criminology, science and indeed medicine. I would also recommend this book to police officers of all ranks, criminal and civil lawyers, and the Crown Prosecution Service.

I can adequately sum up how important I believe this publication to be, by quoting the author when he states “The relationship between science and law is a complex one. Most lawyers are ignorant of science and most scientists ignorant of the law. The courtroom is a complex environment which does not really support the level or quality of communication that such evidence merits. Given that the amount of scientific evidence entering legal systems is higher than ever before, the development of an effective relationship between science and law is essential to ensure science continues to contribute to criminal justice”.

I hope that this book can assist in developing a more effective relationship between science and the law. The reading of this book by those I have mentioned above should be another step along that difficult road. Credit is due to the author for contributing to that effort.
 
Andy Day 2010


Rant on the Court Martial and Service Law
Edition: Third Edition
Format: Hardback
Author: Jeff Blackett
ISBN: 978-0-19-953468-5
Publishers: Oxford University Press
Price: £125.00
Publication Date: 03 December 2009
 
Publisher's Title Information
 

Significantly rewritten in light of the Armed Forces Act 2006, which comes into force in October 2009
Includes a dedicated chapter reviewing the impact of cases in the European Court of Human Rights
Extensively revised to include coverage of the parallels and differences between the procedures in the Crown Court and Court Martial
In-depth treatment of sentencing
Appendices include the Statutory Instruments containing the Rules governing the Court Martial, Summary Appeal Court, Service Civilian Court and Court Martial Appeal Court together with relevant extracts from the Armed Forces Act 2006
New edition written by the Judge Advocate General
 
This new edition of Rant on the Court Martial, Discipline, and the Criminal Process in the Armed Services follows the Armed Forces Act 2006, which overhauls the naval and military justice systems, establishing a single system of service law and removing the need for separate consideration of the law applicable to the three services. The Act establishes the Court Martial as a standing court, and will establish a single prosecuting authority. It also abolishes review, removes old offences, establishes new offences and introduces a new sentencing regime reflecting the changes in the civil system brought about by the Criminal Justice Act 2003. It also extends the jurisdiction of Court Martial to allow it to try certain serious offences committed in the UK (treason, murder, manslaughter and rape), brings the new sentencing provisions introduced into civilian practice by the Criminal Justice Act 2003 into the Service jurisidiction as well as making changes to the Service Civilian Court following the extension of jurisdiction over wider sections of civilians.
 
This new edition has been fully revised to provide detailed coverage of the Act, which is due to come into force in October 2009. It includes a new chapter reviewing and assessing the impact of key cases in the European Court of Human Rights; new material highlighting the parallels and differences between procedure in the Crown Court and Court Martial; and a more in-depth treatment of sentencing matters. The appendices will include the various Rules relating to Service courts, relevant extracts from the Act and a list of all 65 Statutory Instruments. This is an essential handbook for those practising in the Service justice system and for academics researching Service law.
 

Readership
 
Legal personnel in the armed services; solicitors and barristers involved in court martial work; academics in the field of criminal law and process/military justice.
 
Contents
 

1: The Background
An Historical Introduction
The Present Day System - The Background and an Overview
Transitional Arrangements under the Armed Forces Act 2006
2: The Service Environment
The Jurisdiction of Service Courts
The Court Martial
The Judge Advocate
Sentencing
3: Arrest, Custody, Investigation, Legal Aid, and Miscellaneous Orders
Arrest
Stop and Search
Entry, Search, and Seizure
Custody
Investigation and Charging
Legal Aid in the Service Justice System
Miscellaneous Orders
4: Commanding Officer's Investigation and Summary Hearing
Personalities in the Summary System
Charging and Mode of Trial
The Summary Hearing
Review of Summary Proceedings
5: The Court Martial
The Standing Court
Jurisdiction
The Service Prosecuting Authority
Bringing the Defendant to Trial
The Defendant - Notification and Defence
Disclosure
Personalities of the Court Martial
Preliminary Proceedings
The Public Nature of the Court Martial
The Trial - Preliminaries
Procedure Following a Plea of Guilty
Evidence
Procedure in a Plea of Not Guilty
Sentencing Proceedings
Variation Proceedings (the Slip Rule)
Appellate Proceedings
Activation Proceedings
Ancillary Proceedings
Record of Proceedings
Witnesses - Miscellaneous Provisions
Order of Procedure in a Trial by Court Martial
6: Civilians
Jurisdiction of the Service Courts to Try Civilians
The Service Civilian Court
Ancillary Proceedings in the Service Civilian Court
Trial in the Court Martial
7: Sentencing Powers
Principles of Sentencing
Sentences Available
Recording Convictions on the Police National Computer
Powers of Punishment in the Summary Process
Disciplinary Action against Detainees in Service Detention
Sentencing in the Court Martial
Sentencing Guidelines
Sentencing Civilians
8: Appeals and Reviews
Review in the Service Justice System
The Summary Appeal Court
Detainees in Military Corrective Training Centre - Review of Punishment
Civilians - Appeal from Service Civilian Court to the Court Martial
The Court Martial Appeal Court
9: The Effect of the European Convention on Human Rights on the Services Justice System
Early Challenges to the Court Martial System
Further ECHR Challenges post-Findlay
The Human Rights Act 1998 and the Armed Forces Discipline Act 2000
The Future
Selected Recent Cases that have Considered the Service Justice System
Appendices
Appendix 1: Armed Forces (Court Martial) Rules 2009
Appendix 2: Armed Forces (Summary Appeal Court) Rules 2009
Appendix 3: Armed Forces (Summary Hearing and Activation of Suspended Sentences of Service Detention) Rules 2009
Appendix 4: Armed Forces (Service Civilian Court) Rules 2009
Appendix 5: Armed Forces (Court Martial Appeal Court) Rules 2009
Appendix 6: Armed Forces Act 2006 Schedule 1 (criminal conduct offences that may be dealt with at a summary hearing)
Appendix 7: Armed Forces Act 2006 Schedule 2 (schedule 2 offences)
Appendix 8: Armed Forces Act 2006: Statutory Instruments laid in 2009
 

The Author
 
His Honour Judge Jeff Blackett, Judge Advocate General of the Armed Forces and a Senior Circuit Judge
 

Foreword
 
The office of Judge Advocate has a lengthy and distinguished history. It is comforting to know that as long ago as 1622 it was urged that a Judge Advocate 'should have a conscience like An Innocent Spotless Virgin...yet fit to receive no impression or stampe but that of goodness...'. The European Convention on Human Rights could not express it better, but as it happens the implementation of the Human Rights Act has led to a number of significant changes to the way in which the administration of justice for military personnel must be reconciled with the requirement for military discipline and operational effectiveness.
 
The system which has been evolving during the past few years, and has now taken statutory form with the implementation of the Armed Forces Act 2006 on 31 October 2009 recognizes that the administration of justice for military personnel is distinct and separate from the administration of justice as it relates to civilians. Nevertheless, the emphasis remains the administration of justice. The relevant statutory provisions are found in the Appendices.

With these new arrangements, the time has come for the monumental work by the late James Rant, a much admired former colleague and Advocate General, to be re-analysed. That responsibility was undertaken by Judge Jeff Blackett, the Judge Advocate General of the Armed Forces and one of Her Majesty's Circuit Judges. As one glance at the detail of the contents will demonstrate, this is a comprehensive account of every aspect of the law about the Court Martial which affects or applies to those serving in Her Majesty's Armed Forces, by which all of them, and those who sit in judgement on them, are bound. What the list of contents cannot explain, however, is that this is an immensely practical manual, easy to use and readily assimilated. It is therefore an authoritative and invaluable work for all those involved in the administration of Court Martial and Service Law.
 
The Lord Chief Justice August 2009
 

Preface
 
This is the third edition of what is essentially a legal practitioner's guide to criminal and disciplinary proceedings in the Armed Forces. The first two editions were written by my predecessor, James Rant, whose aims were both to help those who were new to the Court Martial process with some explanatory background and to aid those with more experience.

James Rant was the first Judge Advocate General in modern times to be appointed from outside the cadre of judge advocates and he brought a fresh approach to the office, not least by his wish to provide a user-friendly guide for practitioners. I, when serving as the Chief Naval Judge Advocate, assisted him in the preparation of the second edition, and I much enjoyed the experience of working closely with him. His untimely death in 2003, while still in office and only a few months after the second edition was published, was a great tragedy and I was honoured to be appointedalso as an external appointeeto succeed him. In re-writing and updating his book I wanted to retain his name in the title to reflect the enormous contribution he made to the better understanding of disciplinary and criminal proceedings in the Armed Forces.
 
The coming into force of the Armed Forces Act 2006 on 31 October 2009 represented the most significant change to the Services Justice System since the Service Discipline Acts in the mid-1950s (even allowing for the changes which followed the rulings of the European Court of Human Rights from 1995 to 2003). The Act created a single system of Service law and swept away the many differences and inconsistencies that had long existed between the Services. It established a single independent prosecuting authority. Most importantly, it established the Court Martial as a standing court under proper independent judicial control, able to deal both with Service disciplinary matters and with all criminal offences alleged against Service personnel anywhere in the world and civilians subject to Service discipline overseas.
 
The move to a single system of Service law has been a long time coming: the Parliamentary Select Committee on the Armed Forces suggested consolidation of the Service Discipline Acts in 1991, but it took another ten years before work commenced in earnest. During the following five years the three Services negotiated around their differencesoften with some fairly robust disagreementsto reach the compromises seen in the bill which became the Armed Forces Act 2006. As a result, the process of reform is not yet complete, and the next few years may see more, but less dramatic, changes as the new system finds its own unique character and remaining individual Service differences become less apparent, or necessary. As a result of all of these fundamental changes the book has, with the exception of some of the historical material, been almost completely rewritten. Nevertheless it retains the essence of James Rant's achievements and I think he would have approved.
 
There is other source material available to practitioners in the Service Courts but I hope this book will become their first port of call. It aims to provide background information to assist those new to practice in the Armed Forces system, much detailed instruction in the law to help and support practitioners who have conduct of proceedings, an explanation of the rationale underlying many of the provisions, and several comments where I question current policies and suggest further improvements. It should also provide a textbook to those who study Service law. Above all it is meant to be easy to read and user-friendly. The traditional nomenclature, "a Court-Martial" was changed on 31 October 2009 to "the Court-Martial" when the standing court came into being. In this book "the Court Martial" is used throughout for consistency and ease of reference, even when historically incorrect, except in verbatim quotations. Note also that all references to he/his/him should be taken to include reference to both genders where appropriate.
 
The 2006 Act took rather longer to bring into force than had been intended, mainly because of the sheer quantity of Statutory Instruments necessary for implementation. The process was not easy because the drafting and consultation process gave interested parties chances to renew their opposition to changes in policy embodied in the Act. This, and the need to develop elaborate transitional provisions, had delayed the original date for implementation (1 January 2009) by ten months. It was not until quite late in the day that a Ministry of Defence lawyer, Bridget Edminson, brought both intellectual rigour and commonsense pragmatism to the process, enabling the mass of various rules, instruments, orders, and regulations pertaining to much of the Service Justice System to be finalized. I would like to record my gratitude to her not only for that excellent work but also for her considerable help in checking the accuracy of the law in this book.
 
Finally, I wish to thank those who have assisted me during the many months that this book has taken to complete: Peter Fisher, my policy adviser in the Office of the Judge Advocate General, who painstakingly read every word, polishing the grammar and improving the text in many areas; Jennie Pooley, my secretary, who provided invaluable secretarial support; Faye Judges from Oxford University Press, who has been very understanding and encouraging; Steve Matthews, my driver, who offered so many words of encouragement on countless journeys as I typed on the laptop in the back of the car where most of the drafting work was done; and last but not least my ever-supportive wife Sally. Whatever shortcomings study of this publication may reveal are, however, solely down to me.
 
Jeff Blackett 1 Nov 09


Working Time and Holidays: A Practical Legal Guide
Edition: 1st
Format: Paperback
Author: Lucy McLynn
ISBN: 978-0-19-955169-9
Publishers: Oxford University Press
Price: £49.95
Publication Date: 05 November 2009
 
Publisher's Title Information

Offers a concise and practical guide to this complex and technical area of law
Introduces the area using useful tools such as case studies, frequently asked questions, and checklists
Includes the full text of the Regulations and useful precedents
Structured to enable easy navigation and quick reference
 
Working Time and Holidays: A Practical Legal Guide acts as a concise, affordable, and practical guide to the Working Time Regulations 1998. There were 55,712 claims registered in the Employment Tribunals as "Working Time" claims in 2008, and the area is increasingly one on which almost all employment lawyers will need to advise. The book aims to demystify what is viewed as a difficult and technical area of the law.
 
The book examines topics such as the maximum working week, rest and breaks, annual leave, night work, young workers, and unfair dismissal, detriment and enforcement. The substantial body of case law in the ten years since the implementation of the Regulations, and the amending legislation (including the Working Time (Amendment) Regulations 2007) is brought together and discussed.
 
Working Time and Holidays: A Practical Legal Guide is structured so that answers to questions can be easily found and understood - using case studies, frequently asked questions, and checklists. The book also contains appendices which include both the text of the Regulations, and useful precedents such as an opt out agreement, contractual clauses, annual leave policy, and a record keeping checklist.
 

Readership:
 
Solicitors and barristers specializing in employment law in the UK. It wil also have a secondary audience among HR managers.
 

Contents
 
1: Who is covered by the Working Time Regulations?
2: What is "Working Time"?
3: The Maximum Working Week
4: Rest and Breaks
5: Annual Leave
6: Night Work
7: Young Workers
8: Unfair Dismissal, Detriment, and Enforcement
Appendix 1: Precedents
Appendix 2: Record keeping checklist
Appendix 3: The Working Time Regulations
 
The Author

Lucy McLynn, Partner, Bates Wells & Braithwaite LLP