"INTERNET LAW BOOK REVIEWS" Provided by Rob Jerrard LLB LLM (London)
Oxford University Press Books Reviewed in 2012
Evidence
Edition: 3rd
Format: Paperback
Author: Andrew Choo
ISBN: 978-0-19-960115-8
Publishers: Oxford University Press
Price: £28.99
Publication Date: 12th April 2012
Publisher's Title Information
Provides a concise and lucid account of the key principles that underlie the law of evidence, helping students to develop a full, analytical understanding of the subject.
The author's highly engaging and accessible writing style leads the students accurately and clearly through this complex subject.
Accompanied by a helpful Online Resource Centre that provides regular updates to the text and web links for students.
New to this third edition
Takes into account, and engages fully with, the major developments in the relevant case law, including R v Horncastle (UK Supreme Court) and Al-Khawaja and Tahery v UK (European Court of Human Rights; judgment of the Grand Chamber of the European Court of Human Rights pending)
Discusses the Law Commission's recent work on the admissibility of expert evidence in criminal proceedings, ensuring that students are up to date with the latest developments in this important area
Includes coverage of the reforms to the law on special measures for vulnerable and intimidated witnesses contained in the Coroners and Justice Act 2009
Choo's Evidence provides students with a lucid account of the core principles of the law of civil and criminal evidence in England and Wales, thus equipping them with a sound understanding of why the law has developed in the way that it has.
This clear and engaging text explores current debates and draws on different jurisdictions to achieve a fascinating mix of critical and thought-provoking analysis for students and practitioners of the law of evidence. Thorough consideration is given to all areas of contemporary concern, particularly the ongoing implications of the Human Rights At 1998 and the Criminal Justice Act 2003.
Evidence is accompanied by an Online Resource Centre, which provides essential updates to the text and a helpful list of web links.
Readership: Undergraduate law students studying optional modules on the law of evidence, and trainee barristers studying the BPTC.
Contents
| 1.: Introduction 2.: Burden and standard of proof 3.: The course of evidence 4.: Confessions 5.: The right to silence and the privilege against self-incrimination 6.: Identification evidence 7.: Investigatory impropriety: violations of the ECHR and undercover police operations 8.: Public interest immunity and related matters 9.: Legal professional privilege 10.: Character evidence 11.: Hearsay evidence 12.: Expert evidence 13.: Witnesses 14.: Proof without evidence |
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The Author
Andrew Choo is Professor of English Law at Brunel University, London and a barrister at Matrix Chambers. He is a member of the editorial board of the International Journal of Evidence and Proof.
A Review
“A very useful book....one of the first sources I look at, and recommended to students, in relation to the law of Evidence”, Dr Colin King
Preface
Like the first two editions, this edition of Evidence seeks to provide an appropriately contemporary perspective on the law of evidence in England and Wales. The book attempts to cover the main topics in evidence law, but in doing so to focus on issues of contemporary concern rather than to achieve a comprehensive treatment of all relevant doctrinal principles. When discussing case law, I frequently allow quotations of clear-and pithy judicial statements to 'speak for themselves'. Throughout the book I attempt where appropriate to draw on comparative material and a variety of socio-legal, empirical, and non-legal, such as psychological, material. I provide in the footnotes a large number of references which may be used as a guide to further reading and research. For the first time in this edition, a selective list of further reading is also provided at the end of each chapter.
I generally stopped collecting new material after early October 2011, and shall check website references immediately before returning the corrected first proofs in early January 2012.
In relation to two matters of case citation on which practice is not uniform, I have followed the recommendations made in the 4th edition (2011) of the Oxford Standard for the Citation of Legal Authorities (`OSCOLA'). The first recommendation is this: 'Give the year of judgment (not publication) in round brackets when the volumes of the law report series are independently numbered, so that the year of publication is not needed to find the volume.' The second is this: 'In some specialist law reports, cases are given case numbers which run consecutively through the volumes, rather than page numbers.... In such cases, follow the citation method used by the series in question.'
Once again, I would like to express my thanks to my commissioning editor, Tom Young, for his assistance and encouragement, and to Susan Faircloth for sympathetic copy-editing. In the summer of 2011, as work on this edition was progressing, I left the Law School of the University of Warwick, where I had spent five-and-a-half years, for my present post. I would like to take this opportunity to thank my colleagues at Warwick for making my time there an enjoyable one. In particular, Andy Roberts (now of the Law School of the University of Melbourne) generously shared ideas and material with me, as indeed he continues to do. Over the past six months or so several friends became aware of my tendency, whether the setting be a café, pub, restaurant, or even football stadium, to assail them with details of the many hours of my time that 'the book' was consuming. I am grateful to all of them, especially those London-based such as Neil Robinson, Susan Nash, and Vijay Sachidanand, for their forbearance.
I write this as I return to London following a visit to Australia for a celebration of my father's 80th birthday, and must once again record my enormous gratitude to my family for their continued support.
ALTC
Sydney Airport Terminal 1
13 November 2011
More Information can be found at the Oxford University Website at
Civil Liability for Animals
Edition: 1st
Format: Paperback
Author: Peter North
ISBN: 978-0-19-960081-6
Publishers: Oxford University Press
Price: £49.95
Publication Date: 12 January 2012
Publisher's Title Information
The only book to address harm done by animals (as opposed to harm done to animals)
A comprehensive resource covering both dangerous and non-dangerous species
Contains the primary material text of the Animals Act 1971, as amended
Written by an internationally renowned legal scholar
A comprehensive analysis of liability for animals this book covers harm done by dangerous and straying animals including both dangerous and non-dangerous species. Including a separate chapter on special provisions relating to dogs it provides unique guidance from an internationally renowned legal scholar. The book takes account of the decisions of the courts which have applied, interpreted and explained the Animals Act 1971 over the past four decades including the House of Lords decision in Mirvahedy v Henley (2003).
Liability for animals which are not members of a dangerous species but which, in the event, may have been proved to be dangerous is a matter of particular interest and concern. The book addresses matters such as harm done by animals in the course of hunting as well as decisions on a number of non-statutory aspects of the law of animals.
The book includes the primary material of the Animals Act, 1971 making it a comprehensive point of reference on this subject.
An earlier version of this book was published in 1972 just after the Animals Act 1971 came into force. Although the legislation has remained substantially unamended, there has been a steady flow of case law on the meaning and operation of the provisions of the Act.
Readership: Primary: Solicitors and barristers practising in the area of civil liability and in particular those advising farming and land owning communities as well as house owners, also of relevance to the judiciary. Secondary: Academic libraries and scholars or tort law.
Contents
1: Introduction
2: Strict Liability for Dangerous Animals
3: Statutory Liability for Straying Livestock
4: Fencing and Straying Animals
5: Animals and the Highway
6: General Liability at Common Law
7: Special Provisions Relating to Dogs
Appendix
The Animals Act 1971
Reviews to Date
"North should be the first source of any practitioner with a case on liability for animals. The book is exhaustive, authoritative, a model of clarity and elegantly written." - WVH Rogers, School of Law, University of Nottingham
The Author
Peter North, Former Door Tenant, Essex Court, Former Principal of Jesus College and Vice Chancellor, University of Oxford
Sir Peter North, Formerly Principal of Jesus College, University of Oxford, is the Editor of Cheshire North & Fawcett: Private International Law (OUP, 2008) and an internationally renowned legal scholar.
More Information can be found at the Oxford University Website at
Public Order: Law and Practice
Edition: 1st
Format: Paperback
Authors: John Beggs QC, George Thomas, and Susanna Rickard
Consultant Editor: Michael Messinger
ISBN: 978-0-19-922797-6
Publishers: Oxford University Press
Price: £29.99
Publication Date: 26th Jan 2012
Publisher's Title Information
Offers practical, straightforward advice on public order offences from drunken brawls and domestic disturbances to direct action and the threat of terrorism
Written in a practical and accessible style, making complex legislation and case law easy to understand
Includes guidance on the practical measures to take when planning, briefing, and giving evidence on public order operations
How can police officers engaged in public order policing ensure they act lawfully, secure safe criminal convictions, avoid civil claims and, perhaps most importantly, maintain the peace? Tackling one of the most difficult areas of modern day policing, Public Order: Law and Practice presents practical, straightforward advice that is grounded in the letter of the law, helping police officers to make decisions under pressure and take control of potentially volatile situations.
Topics covered range from day-to-day problems such as drunken brawls and football offences to more serious issues such as violent protest and terrorism, providing you with the full spectrum of possible encounters and highlighting transferable skills. The book contains many useful practical features including definition boxes for commonly-used terms, and case studies and scenarios. Key points and best practices are summarised throughout the chapters, helping you to absorb the information and providing for a practical quick reference. Throughout, the authors offer you tips for dealing with both the common and less common in public order policing, while taking account of the latest case law and legislation.
This book is part of the Blackstone's Practical Policing Series. The series consists of practical guides containing clear and detailed explanations of the relevant legislation, accompanied by practical scenarios, illustrative diagrams and useful checklists.
Readership: Police officers of every rank who have to deal with public order situations, including specialist public order police officers (e.g. public order commanders and tactical advisors), public order trainers and those attending the National Public Order Commanders and Tactical Advisor Courses. Will also appeal to barristers and solicitors acting for and against the police, as well as judges, policing students and local authorities.
Contents
Foreword by Sue Sim. Chief Constable of Northumbria Police and ACPO Lead on Public Order
1: Getting it Right
2: Human Rights
3: Breach of the Peace
4: Offences Against Public Order
5: Processions, Assemblies and Demonstrations
6: Professional Protest and Direct Action
7: Race, Religion and Sexual Orientation: Hate Crime and Public Order
8: Terrorism
9: Unlawful Use of Land
10: Football Violence
Reviews to Date
"This is one of the most useful I have ever read. It is extremely well-researched and structured with the opportunity for the reader to make notes after every chapter together with references for further reading. I spent 28 years on the PSU, this book should be essential reader for all Public Order trainers, and PSU commanders particularly during the planning stage." - Paul Richards, Lecturer in Police Studies, University of Plymouth
Foreword
The police response to incidents of protest, events such as football, and public disorder has always been subject to scrutiny by the public. Historically, the breaching of the peace was the point when action was taken. However, as society and the law have changed, it is important that there is a clear understanding of the legal framework that underpins the options for action at all command levels and by staff on the ground. As the Association of Chief Police Officers lead for Public Order and Public Safety, I welcome this book, which provides a single reference source for the various pieces of legislation in what has become an increasingly complex arena.
I have known of John Beggs by reputation for many years. An often heard description of him as 'outstanding' and 'providing clear and concise views' is clearly merited not only from the cases he has been involved in but also from personal knowledge in more recent times. Public Order: Law and Practice is readily understandable and provides an illustration of the breadth of areas that can result in disorder and how the legislation should be interpreted. The more recent increase in protest, whether in relation to the use of land or single issue, is covered by separate chapters. These chapters not only outline the relevant legislation, but also include the practical interpretation by citing examples and case studies. Whilst some legislation is utilised on a regular basis by officers, this book also covers that which clearly isn't; for example, Section 9(2) Criminal Law Act 1977, concerning trespassing on land such as a foreign embassy. Public Order: Law and Practice provides a 'one stop shop' as a guide on public order legislation and should prove to be an invaluable tool for practitioners at all levels.
Sue Sim
Chief Constable, Northumbria Police
ACPO Lead for Public Order and Public Safety
November 2011
More Information can be found at the Oxford University Website at
The Ethics of Plea Bargaining
Edition: 1st
Format: Hardback
Author: Richard L Lippke
ISBN: 978-0-19-964146-8
Publishers: Oxford University Press
Price: £60
Publication Date: 20th Oct 2011
Publisher's Title Information
Presents the first extended analysis of the normative arguments underlying the morality of plea bargaining
Integrates philosophical and legal materials on plea bargaining and legal punishment, situating plea bargaining within the framework of larger criminal justice practices
Draws on a comparative study of different plea bargaining practices in the US, UK, and Europe
Suggests reforms to the current plea bargaining systems, outlining the case for its continuation in a revised and restrained fashion
The practice of plea bargaining plays a hugely significant role in the adjudication of criminal charges and has provoked intense debate about its legitimacy. This book offers the first full-length philosophical analysis of the ethics of plea bargaining. It develops a sustained argument for restrained forms of the practice and against the free-wheeling versions that predominate in the United States.
In countries that have endorsed plea bargains, such as the United States, upwards of ninety percent of criminal defendants plead guilty rather than go to trial. Yet trials, which grant a presumption of innocence to defendants and place a substantial burden of proof on the state to establish guilt, are widely regarded as the most appropriate mechanisms for fairly and accurately assigning criminal sanctions. How is it that many countries have abandoned the formal rules and rigorous standards of public trials in favor of informal and veiled negotiations between state officials and criminal defendants concerning the punishment to which the latter will be subjected? More importantly, how persuasive are the myriad justifications that have been provided for plea bargaining? These are the questions addressed in this book.
Examining the legal processes by which individuals are moved through the criminal justice system, the fairness of those processes, and the ways in which they reproduce social inequality, this book offers an ethical argument for restrained forms of plea bargaining. It also provides a comparison between the different plea bargaining regimes that exist within the US, where it is well-established, England and Wales, where the practice is coming under considerable critique, and the European Union, where debate continues on whether it coheres with inquisitorial legal regimes. It suggests that rewards for admitting guilt are distinguished from penalties for exercising the right to trial, and argues for modest, fixed sentence reductions for defendants who admit their guilt. These suggestions for reform include discouraging the current practice of deliberate over-charging by prosecutors and charge bargaining, and require judges to scrutinize more closely the evidence against those accused of crimes before any guilty pleas are entered by them. Arguing that the negotiation of charges and sentences should remain the exception, not the rule, it nevertheless puts forward a normative defense for the reform and retention of the plea bargaining system.
Contents
Introduction
1: Waiver Rewards and Trial Penalties
2: Against Trial Penalties
3: Waiver Rewards and Deserved Punishment
4: Remorse and Waiver Rewards
5: Waiver Rewards and the Reduction of Crime
6: Rewarding Cooperation
7: Plea Bargains as Contracts
8: Principled Criminal Prosecution and Half-Loaves
9: Plea Bargaining and Getting at the Truth
Epilogue
The Author
Richard L. Lippke is a Senior Scholar in the Department of Criminal Justice at Indiana University. In addition to his current position, he has held teaching positions at James Madison University and DePauw University, and has been a visiting fellow at the Centre for Applied Philosophy and Public Ethics at Australian National University and the Centre for Criminology at Oxford University. He is the author of Rethinking Imprisonment (OUP 2007), Radical Business Ethics (Rowman & Littlefield 1995), and numerous articles in applied ethics and philosophy of criminal law.
More Information can be found at the Oxford University Website at