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

OXFORD UNIVERSITY PRESS


Corruption and Misuse of Public Office

Edition: 1st

Authors:

Colin Nicholls QC, Barrister, 3 Raymond Buildings; Bencher of Gray's Inn; Past President of the Commonwealth Lawyers Association
Tim Daniel, Partner, Kendall Freeman Solicitors
Martin Polaine, Barrister, Senior Crown Prosecutor, Crown Prosecution Service, currently seconded to Commonwealth Secretariat
John Hatchard, Professor, Open University
Martin Polaine, Barrister, Senior Crown Prosecutor, Crown Prosecution Service, currently seconded to Commonwealth Secretariat

ISBN: 0199274584

Publishers: Oxford University Press

Price £125

Publication Date: 23 March 2006


Publisher’s Title Description

 

Sets out the law relating to corruption and misuse of public office in a clear and accessible manner

Examines the legal and practical issues relating to the investigation and prosecution of corruption, providing the practitioner with a complete guide to handling a corruption case

Analyses the regulatory mechanisms for dealing with standards in public life

Includes coverage of international efforts to combat corruption, allowing practitioners to use the information confidently when dealing with cases involving foreign officials

The only dedicated work on this subject

 

 

The law and practice relating to corruption and the misuse of public office is of considerable topical interest. The legislation in this area has developed over recent years, with the implementation of statutes such as the Anti-Terrorism, Crime and Security Act 2001 and the Proceeds of Crime Act 2002. These key pieces of legislation extend UK jurisdiction to corruption offences committed abroad by UK nationals and incorporated bodies, and strengthen the mechanisms to recover assets and wealth obtained as a result of unlawful activity.
This book provides a comprehensive and detailed analysis of the law relating to corruption as it has been shaped over recent years.
Written by leading practitioners with extensive experience of handling both the civil and criminal aspects of corruption cases, the book provides a clear exposition of the current law. It examines the legal and practical issues relating to the investigation and prosecution of corruption cases and includes specialist coverage of issues such as whistleblowing, and the recovery and repatriation of assets.
Corruption cases often span jurisdictions. This book enables practitioners to handle any aspect of a corruption case by providing them with detailed analysis of the international efforts to combat corruption, and the legal developments taking place in key jurisdictions and regions covered by UN, EU, OECD, and Commonwealth initiatives.

 

Contents

1. The Meaning and Scope of Corruption

2. Offences of Bribery and Corruption

3. Misconduct in a Public Office

4. The Invesitigation and Prosecution of Corruption

5. The Movement for Reform

6. Civil Remedies

7. Civil Recoveries

8. The Regulation of Conduct in Public Life

9. International and Regional Initiatives

10. The Bribery of Foreign Public Officials

11. The Corruption Laws of Other Jurisdictions

APPENDIX 1 - Anti-Corruption Action Plan for Asia and the Pacific

APPENDIX 2 - The Arusha Declaration of the Customs Co-operation Council Concerning Integrity in Customs

APPENDIX 3 - African Union Convention on Preventing and Combating Corruption

APPENDIX 4 - The Bangalore Principles of Judicial Conduct

APPENDIX 5 - Framework for Commonwealth Principles on Promoting Good Governance and Combating Corruption

APPENDIX 6 - Commonwealth Report of Expert Group on Good Governance

APPENDIX 7 - Commonwealth Working Group on Asset Repatriation

APPENDIX 8 - Council of Europe Civil Law Convention on Corruption

APPENDIX 9 - Council of Europe Criminal Law Convention on Corruption

APPENDIX 10 - Council of Europe Resolution (97) 24 on the twenty guiding principles for the fight against corruption

APPENDIX 11 - Council of Europe: Recommendation No. R (2000)10 of the Committee of Ministers to Member States on Codes of Conducts for Public Officials

APPENDIX 12 - Council of Europe Committee of Ministers Recommendation Rec (2003)4 of the Committee of Ministers to member states on common rules against corruption in the funding of political parties and electoral campaigns

APPENDIX 13 - Council of the European Union: Convention on the Fight Against Corruption Involving Officials of the European Communities or Officials of Member States of the European Union

APPENDIX 14 - Council of the European Union: Convention on the Protection of the European Communities' Financial Interests

APPENDIX 15 - Second Protocol to the Convention on the Protection of the European Communities' Financial Interests

APPENDIX 16 - Council of the European Union: Framework Decision on Combating Corruption in the Private Sector

APPENDIX 17 - Council of the European Union: Protocol to the Convention on the Protection of the European Communties' Financial Interests

APPENDIX 18 - Statute of the GRECO

APPENDIX 19 - ICC Rules of Conduct to Combat Extortion and Bribery (Part II of Extortion and Bribery in International Business Transaction - 1999 revised version)

APPENDIX 20 - International Monetary Fund Revised Code of Good Practice on Fiscal Transparency (2001)

APPENDIX 21 - Joint Action of 22 December 1998 adopted by the Council on the basis of Article K.3 of the Treaty on European Union, on corruption in the private sector (98/742/JHA)

APPENDIX 22 - Inter-American Convention against Corruption

APPENDIX 23 - Revised Recommendation of the Council on Combating Bribery in International Business Transactions

APPENDIX 24 - Convention on Combating Bribery of Foreign Public Officials in International Business Transactions

APPENDIX 25 - The OECD Guidelines for Multinational Enterprises: Revision 2000 Organisation for Economic Co-operation and Development

APPENDIX 26 - Report of the Committee on Conduct in Local Government: Cmnd 5636, May 1974, The National Code of Local Government Conduct

APPENDIX 27 - Southern African Development Community Protocol against Corruption

APPENDIX 28 - Prevention of Corruptrion Acts 1889 to 1916 and the Public Bodies Corrupt Practices Act 1889

APPENDIX 29 - United Nations Convention against Corruption

APPENDIX 30 - United Nations International Code of Conduct for Public Officials

APPENDIX 31 - Economic Community of West African States Protocol on the Fight against Corruption

APPENDIX 32 - Wolfsberg AML Principles

APPENDIX 33 - Draft Corruption Bill

APPENDIX 34 - The Government Reply to the Report from the Joint Committee on the Draft Corruption Bill Session 2202-2003, hl paper 157, HC 705



Public Protection and The Criminal Justice Process

Edition: 1st

Author: Mike Nash

ISBN: 0199289433

ISBN-13: 978-0-19-928943-1

Publishers: Oxford University Press

Price £24.95

Publication Date: 20th April 2006


Publisher's Title Information

This book is a practical and theoretical analysis of public protection and criminal justice. This area has seen immense change in recent years and the book examines the recent legislative, policy and organisational changes and their impact on the various agencies involved, including the police service and the probation service.
Public protection has now assumed a position of dominance within the criminal justice agenda. New ways of working have necessitated changes to organisational culture, which in turn has begun to blur traditional criminal justice boundaries. Agencies must now work together by law and the public protection 'family' has extended to include a range of agencies, such as housing and leisure services.
This book explores the problematic concept of 'dangerousness' and its application to criminal justice. All recent policy and legislative initiatives are examined within a critical context that questions the need for populist, punitive agendas, for example the creation of MAPPA (Multi-Agency Risk Assessment Panels) and changes in relation to the National Probation Service. Recent relevant legislative references are collated in a useful appendix at the back of the book.
The book is a practical and useful reference, ideal reading for students and academics working critically in the area who wish to understand how public protection has reached its present status. It is also a useful reference for probation officers, police officers and policy makers.


Description

Explores the growth of the public protection agenda and its impact on criminal justice practice. Provides a critical evaluation of the area and looks at the wider context outside the framework set by policies. Balances practical and theoretical considerations, including useful case studies Covers, the changing perceptions of 'dangerousness' and its effect on criminal justice practice. Includes a handy appendix which collates all relevant legislative and Home Office Circular references. Examines topical issues such as hate crimes,sex offender orders, internet crime and domestic violence



Blackstone’s Guide to the Sexual Offences Act 2003

Edition: 1st

Authors: Kim Stevenson, Anne Davies and Michael Gunn

ISBN:            0199270007

Publishers Oxford University Press

Price:  £29.95 RRP UK

Publication Date: 18th March 2004

The very name Blackstone is deeply embedded in English law and, of course, now has a special place in the memories of those who labour, often for some years, to qualify for promotion within the police service through the pages of the four volumes of Police Manuals bearing that name. The Blackstone's Guide Series also perpetuates the designation. The latest in that series on the Sexual Offences Act 2003, besides bearing the Blackstone name, has one other attribute, in that the three authors are all academic staff of the Trent University, thus making for a closely knit team who have put together, in quick time, an authoritative text book on this major revision of the law relating to sex offences.

This modernisation of the sexual laws, the first for almost half a century, still relies on age as an essential ingredient of many of the offences set out in the Act. Whilst the authors, and indeed the legislation itself, quite rightly draw attention to the growth in offences against the young, one wonders whether less attention could have been drawn to the age factor. Rape after all is rape, whatever the age of the victim and surely judges can reflect the circumstances of individual cases by determining the sentence they impose. Too much perhaps has been allowed to remain of the old law. One detects the hand of central government dusting down old papers on the time-honoured principle of what did we do last time. For instance, one factor that does not appear to have been considered is sexual attacks on the elderly. All too often these days one reads about some 80 year old pensioner being raped in her own home. Perhaps the time has come to deal with such cases specifically in legislation. They are obviously always premeditated to some degree.

As is usual when dealing with text books, one finds they are either out of date before the publication date or one can recognise that the matter they deal with will almost certainly require revising in the not too distant future.  One only has to think of the Mental Health review provisions that have been presented to Parliament.

Three areas that will be of particular interest to police officers concern the provisions relating to indecent photographs of persons aged 16 or 17 (Section 45), exposure (Section 66) and voyeurism (section 67).  They are at the coalface and have to make decisions without the aid of law books and, that priceless asset, time.

The matter of indecent photographs of 16 and 17 year olds has some interesting points. The authors suggest that the reason for this could be that those over the age of 16 could still be vulnerable to abuse and a possible over reaction to public concern about paedophilia. It might also be said that neither of these two factors are the reason, but instead it might be the tidy minds of the parliamentary draftsmen wanting to keep the definition of child to 18 for all purposes. One recalls that the definition of child was raised from 17 to 18 years when Juvenile Courts were rebranded Youth Courts. What it did not do was to prevent remands to prison for those young people within what the legislators probably had in mind, namely a 'golden year' that would keep such offenders out of custody.  It did not work out that way because there were insufficient remand places available.  It is submitted that the possibility of 16 and 17 year olds becoming embroiled in the pornography business and winding up as accused persons requiring scarce remand places, rather than victims, has more to do with moving the age to 18, than the views advanced by the authors.

The new section 45(3) adding section 1A to The Protection of Children Act 1978 deals with the law relating to young marriages, but interestingly also includes enduring family relationships.  As the authors point out, the words 'enduring relationship' are not defined and pose the question as to whether six months would be sufficient?  No mention is made of the age of the other partner, neither it appears, need the age of the child be considered as to when the enduring family relationship commenced.  The critical issue appears to centre on the day of the 16th birthday.  Provided the photograph was taken on or after that day and the other aspects of the statute are met, there must be an acquittal.

As to section 66 and the matter of exposure, at long last the days of rogues and vagabonds under the Vagrancy Act 1824 have gone and a much more sensible offence has been substituted.  Many police officers engaged in the charging process must have wondered why this offence, which caused so much distress to school children was allowed to remain a minor summary offence for very nearly 200 years.  They must also have wondered why some extremely petty shoplifting theft was rated as a crime whereas a 'flashing' offence never achieved that status.  We shall almost certainly see Chief Officers of Police commenting that crime has increased because of new reporting methods.

One can see some fine legal arguments being fought over what constitutes genitals.  Quite rightly the authors, at page 137, comment that the exposure offence is completely gender neutral relying on the Interpretation Act 1978 provisions, but is the vagina an external reproduction organ?  No doubt this will be an early one for the Judges to pronounce upon.

Another issue appertaining to the general offence is touched upon by the authors also on page 137, namely exposing the buttocks and the omission of such conduct from the statute.  It is perhaps a pity that such behaviour is not catered for.  Male exposure of the buttocks is surely capable of causing alarm or distress when it occurs in a busy thoroughfare or at a bad tempered football match.  Similar conduct by a female in front of a group of elderly women could have a like effect.  As social behaviour worsens this type of behaviour might find its way into future legislation.

The new offence of Voyeurism created under section 67, will put an end to much head scratching among hard pressed Custody Officers in busy police stations and will take the civil content out of such behaviour.  The 'Peeping Tom' conduct of peering through chinks in the curtains to see what was going on has long caused problems when deciding appropriate charges.  Sometimes recourse was had to public order offences, but more usually the culprit was placed before the court under the provisions of the Justice of the Peace Act 1361 and bound over to keep the peace.  Only the Common Law and the office of Lord Chancellor have survived longer.  It might be said that with this new offence and the office of Lord Chancellor about to be abolished, there is now a case for the movement of the Common Law into statute form.  The creation of the Voyeurism offence ensures that any person found guilty will have the finding of guilt cited as a previous conviction.  One sometimes hears binding over Orders cited in such circumstances, quite erroneously, because it is not a previous conviction.

The authors have done an excellent and extremely brave job in offering comment on so many aspects of this major consolidating statute. Acknowledgements are made to the contributions made by the final year LL.B students at Nottingham Law School, which the authors took into account when formulating their own views that appear in the book. It would have been interesting to have been able to read some of the students’ copy.

The draftsmen have done their best with a difficult subject in rapidly changing times and the Sexual Offences Act 2003, is probably the forerunner of many more amending Acts over a far lesser period than was the case of its predecessor.

Brian Rowland

10 May 2004


This is a landmark statute that repeals almost all of the Sexual Offences Act 1956 and many other statutory provisions enacted since, as the authors point out, it is, "a new criminal code of sexual offences".

Within the Police service there will be a need for a complete re-write of training manuals and training courses - in fact as with other times when legislation has drastically altered the law, eg; (Theft Act 1968, and PACE 1984), there will be a need for short courses to help officers absorb all the changes.

For those teaching or preparing these courses something more than the bare statute will be useful;this book is well written and researched with examples of how changes could or will affect everyday situations - it also contains the statute in full.

One way of assimilating the new law would be to use appendix 2, "table of changes", here the authors give us the old offence and its replacement.  Read this first,  then refer back to the chapter on it.  Gone are so many of those definitions that Police officers of my generation spent weeks learning.  Some of the most important changes are:,

New definition for rape

Section 9 Theft Act 1968, burglary with intent to commit rape - now Section 63, “Trespass with intent to commit a sexual offence”.

Section 2 Procurement - new offence.

Section 3 Procurement - new offence.

Section 4 Administer drugs - new offence.

Section 5 USI - repealed, new offence.

Section 6 USI repealed, new offence.

Section 10 Incest - now familial sexual abuse, embracing more members of the family.

Section 12 Buggery - repealed.

Sections 14 & 15 Indecent assault - new offences.

Indecency with Children Act 1960- repealed, new offences.

Changes to prostitution laws.

Protection of Children Act 1978 - now a child "under 18", was 16.

Kerb Crawling - now a woman can commit the offence.

Indecent exposure, now it is "person exposes genitals", not "his person"; now a woman can commit the offence, it will not be an offence under this new section to expose breasts or buttocks,

These are just some of the main changes; this book will provide an excellent quick reference at a price affordable for Forces to provide a copy in all custody suites.  Custody Sergeants whatever their training, will be the ones needing something readily available.

Rob Jerrard>

Contents

Introduction
1 Consent and Consensual Issues
2 Sexual Violation, Rape, and Assault
3 Sexual Activity with Children
4 Sexual Activity with Persons with a Mental Disorder or Learning Disability
5 Prostitution and Child Pornography
6 Other Sexual Offences and Sexual Activity
7 Evidential Issues
8 Sex Offenders: Nofitication and Sex Offenders Register
9 Sex Offenders: Sex Offences Prevention Orders
Conclusion
Appendix
Text of the Sexual Offences Act 2003



CCTV and Policing

Author: Benjamin J Goold

ISBN:  0199265143

Publishers Oxford University Press

Price:  £50 RRP UK

Publication Date: 19th Feb 2004

The Publishers that CCTV and Policing is the first major published work to present a comprehensive assessment of the impact of CCTV on the police in Britain. Drawing extensively upon empirical research, this volume examines how the police in Britain first became involved in public area surveillance, and how they have since attempted to use CCTV technology to prevent, respond to, and investigate crime. In addition, this volume also provides a detailed analysis of the legality of CCTV surveillance in the light of recent changes to the Data Protection Act and the incorp­oration of the European Convention on Human Rights.

Challenging many existing accounts of the relationship between the police and new surveillance technologies, CCTV and Policing breaks new ground in policing and surveillance theory, and argues that it is time for a major reassessment of both our understanding of how the police respond to technological change, and the role played by such technologies in our society.

Benjamin J. Goold has been Lecturer in Law at both Corpus Christi College and New College, Oxford. From 2001-2002, he was Adjunct Instructor in the Department of Law and Police Science, John Jay College of Criminal Justice, New York, and has since spent a year as Associate Professor of Anglo American Law at Niigata University, Japan. He is currently University Lecturer in Law and Fellow of Somerville College, Oxford.

This is not the first study of CCTV, Perpetuity Press did publish a book on the subject in 2003 This was Edited by Martin Gill, the ISBN is 189928771X; the RRP UK is £35 plus £3.50 P&P. Details can be found at www.rjerrard.co.uk/law/ppress/ppress1.htm

This previous book by Perpetuity presents research from specialists in the field along with in-depth analysis and valuable new insights relating to the effective use and management of CCTV. With significant case studies providing lessons from the experiences of others around the world, this book is an important addition to the bookshelves of all those who work with or have an interest in CCTV.

Those working in the field may want to possess copies of both books.

This latest CCTV book is part of The Clarendon Studies in Criminology was inaugurated in 1994 under the auspices of the centres of criminology at the Universities of Cambridge and Oxford and the London School of Economics.

The General Editor’s Introduction tells us that in CCTV and Policing the author makes two central claims. The first is that the introduction of CCTV may not have significantly changed the way the police operate on a day-to-day basis.  There is some interesting empirical evidence for this thesis from his own study of the police in the Southern region of England. The second, following on from this observation, is that this fact should lead us to rethink the 'conventional wisdom' in criminology and social science, and among civil libertarians, about the relationship between policing and surveillance technology.  The author states that there is a pressing need for us to re-examine the ways in which we think about surveillance and to resist the pull of dystopic visions when looking at the impact of technologies like CCTV. Cameras are not in and of themselves intrusive-they only become so when used in particular settings and in particular ways.

In Goold's book, CCTV and Policing, we have an important, and partly controversial contribution to the ongoing discussion of the role of the police and policing in the emerging surveillance society.  

Rob Jerrard



Title: English Private Law & English Public Law, as a complete set

Series: Oxford English Law

Author: Edited by David Feldman

ISBN:  0199270791

Publishers Oxford University Press

Price:  £299 (for the Pack)Titles can be purchased separately

Publication Date: 29 April 2004

Oxford English Law - English Private Law & First Cumulative Supplement and English Public Law Edited by Peter Birks, Regius Professor of Civil Law, University of Oxford and David Feldman, Legal Adviser to the Joint Houses of Parliament Committee on Human Rights

Description

The publication of English Public Law sees the completion of Oxford English Law, a good first point of reference on English law for lawyers in the UK and throughout the world. English Private Law and English Public Law are now available together as a set at a special pack price. The set includes the First Supplement to English Private Law.

ENGLISH PRIVATE LAW

VOLUME I

Rt Hon The Lord Goff of Chieveley: Foreword

Preface

Introduction

Table of Cases and Legislation

Part I Sources of Law

1 Professor John Bell: Sources of Law

Part II The Law of Persons

2 Dr Stephen Cretney: Family

3 Dr Charles Mitchell: Companies and Other

Associations

Part III The Law of Property

4 William Swadling: Property: General Principles

5 Associate Professor Lionel Smith: Security

6 Professor William Cornish: Intellectual

Property

7 Roger Kerridge: Succession

Index

VOLUME II

Part IV The Law of Obligations

8 Sir Guenter Treitel: Contract: General Rules

9 Professor Francis Reynolds: Agency and

Representation

10 Professor Ewan McKendrick: Sale of Goods

11 Professor Francis Reynolds: Carriage of Goods

by Sea

12 Professor Mark Freedland: Employment

13 Professor Norman Palmer: Bailment

14 John Davies: Tort

15 Professor Peter Birks & Dr Charles Mitchell:

Unjust Enrichment

Part V Litigation

16 Professor Michael Bridge: Insolvency

17 Adrian Briggs: Private International Law

18 Professor Andrew Burrows: Judicial Remedies

19 Neil Andrews: Civil Procedure

Bibliography

Index

FIRST CUMULATIVE SUPPLEMENT

The Supplement follows the same structure as the main work, with each contributor providing updates to their chapter, carefully referenced to the relevant paragraphs of the main work.

ENGLISH PUBLIC LAW

Part I Constitutional Law

1 Constitutional Fundamentals

(a) Eric Barendt: Fundamental Principles

(b) Evelyn Ellis: Sources of law and the

hierarchy of norms

2 The Law of Parliament

(a) Dawn Oliver: The constitution of Parliament

and its role in the appointment of a Government

(b) Dawn Oliver: The powers and privileges of

Parliament

(c) Evelyn Ellis: The legislative supremacy of

Parliament and its limits, including the effect

of EC law

3 Andrew Le Sueur: The Legal Powers of Central

Government

(a) The nature and structure of central

government

(b) The domestic and international powers of

central government

4 Stephen Bailey: The Structure, Powers, and

Accountability of Local Government

5 Tony Prosser: The Powers and Accountability of

Agencies and Regulators

6 Tony Bradley: The Constitutional Position of

the Judiciary

Part II Standards of Review in Human Rights and

Administrative Law

1 David Feldman: Human Rights in English Law

(a) General Principles and concepts

(b) Relationship between human rights

obligations in public international law, in EU

law, and under the common law of civil liberties

(c) The scope of the Human Rights Act 1998

2 David Feldman: Rights to Life, Physical and

Moral Integrity

3 David Feldman: Rights to Freedom of Lifestyle

and Religion or Belief

4 David Feldman: Political Rights

5 Sandra Fredman: Social, Economic, and Cultural

Rights

6 Chris McCrudden: Equality and

Non-Discrimination

7 Stephen Bailey: Due Process Rights

8 The Grounds for Judicial Review of

Administrative and Ministerial Action

(a) Paul Craig: Fundamental Principles

(b) Maurice Sunkin: Illegality in the strict

sense

(c) Stephen Bailey: Due process, including

natural justice and fairness

(d) Paul Craig: Substantive control over

discretion: irrationality, proportionality,

legitimate expectations, and equality

Part III Remedies in Human Rights and

Administrative Law

1 Paul Craig: Access to Mechanisms of

Administrative Law

2 Maurice Sunkin: Remedies Available in for

Judicial Proceedings

3 David Feldman: Remedies for Violations of

Convention Rights

4 Genevra Richardson: Tribunals

5 Michael Purdue: Investigations by the Public

Sector Ombudsmen

6 Michael Purdue: Public Inquiries as a Part of

Public Administration

Part IV Criminal Law

1 Leonard Leigh: Principles of Criminal

Procedure

2 Andrew Ashworth: General Principles of

Criminal Law

3 Andrew Ashworth & Tony Smith: Offences Against

the Person

4 Tony Smith: Offences Against Property

5 Tony Smith: Offences Against the State, Public

Order, and Public Morality and Decency

6 Martin Wasik: Principles of Sentencing

There is no doubt that these combined works could become a first point of reference for anyone seeking to find the current law on any aspect of English Law, what cannot be helped is the constant changes that occur, EG; the Sexual Offences Act 2003.  For that reason Cumulative Supplements are being issued, the 1st and 2nd are already published for English Private Law.

It is a pity that keeping up with the current law is so expensive, these two supplements cost £70, this set is not therefore within the budget of the average law student, to that end it is to be hoped that all Law Libraries will invest in a few sets, because I think it will be in demand as word get about.

Rob Jerrard


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