Blackstone's
Police Manuals 2007
Edition: 2007
Authors: Fraser
Sampson, Glen Hutton & David Johnson
ISBN: ISBN-10:
0-19-920331-8
ISBN-13: 978-0-19-920331-4
Publishers:
Oxford University Press
Price £58
Publication
Date: 24th August 2006
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Description |
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Publisher’s
Title Information |
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The definitive
source of information for the OSPRE® Part I Police Promotions Examinations in
England and Wales - endorsed by CENTREX, this pack contains the relevant
information on which candidates will be examined New for 2007, fully updated to include the Serious Organised Crime and Police Act 2005 (SOCPA) and the revised PACE Codes of Practice Covers new
topical areas such as the Gambling Act 2005, the Terrorism Act 2006, the
Racial and Religious Hatred Act 2006 and the Drugs Act 2005 Written and
developed for police officers by police officers - aimed squarely at the
needs of the police Keynotes by
authors break up statutory text and common law, providing clear and concise
analysis of important areas Comprehensive
cross-referencing with the other Blackstone's Police Manuals for ease of reference when considering subjects across
other areas |
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Blackstone's Police Manuals are the leading police reference texts in the UK. In
addition to being the only official study guides for the police promotion
examinations in England and Wales, and a recognised text for student police
officers, the Manuals have quickly established themselves as the definitive
reference source for all who are involved in police law and procedure.
Endorsed by Centrex for OSPRE® Part 1 Promotion Examinations, the Manuals
have been written in consultation with police forces across England and
Wales. |
Readership:
Primary: Student Police Officers and sergeants and inspectors promotion
examinations candidates. Secondary: Qualified serving police officers and
police trainers.
Previous Reviews
"The
preface to the road policing manual emphasises how important road policing is
in challenging dangerous, aggressive and antisocial driving as well as being of
great assistance in the wider role in disrupting activities of serious and
organised criminals and terrorists. It is important that officers get it
right. These books will help them do
just that."
Carrie
Laws, Bay Advocates, Torquay, Devon, Internet Law Book Reviews, March 2006.
"Excellent
and so reasonably priced... As with all the volumes of this series, the
information provided is first class ..... This is a magnificent publication for
the academic or student of policing."
Police
Journal August 2006.
This manual is one of four
volumes written for the OSPRE Police Promotion Examinations’ syllabus. The
manual includes the 12 topics covered in "BLACKSTONE’S POLICE Q & A- CRIME-2007", expanded into
16 parts.
"Blackstone’s Police Manual
-Crime" is an easy book to handle and has excellent features by way of a Table
of Cases; Table of Statutes; Table of Statutory Instruments, Home Office
Circulars and Codes of Practice. These tables each have an introductory section
explaining the format of cases, Statutes and Statutory Instruments. The manual
boasts an excellent index and paragraphing system and each paragraph has an
explanatory “keynote” section below it, clarifying to the reader that the law
is not exactly black and white. The manual is dedicated to the examination
syllabus and covers the nuts and bolts of everyday policing. As such, it is an
excellent examination manual with immaculately laid out material.
The law stated is as at 1st
June 2006 and so does not address the subject of the Fraud Act 2006, which
received Royal Assent in November 2006 and came into force on 15th
January 2007,although the Fraud Act 2006 will not be examined until 2008. The Fraud Act 2006 repeals sections 15, 15A,
16, 20(2) and 24A of the Theft Act 1968 and sections 1 and 2 of the Theft Act
1978, replacing these with the fraud offence, a conduct offence as opposed to a
result offence.
The manual mentions the
Serious Organised Crime and Police Act 2005 in sections 1.12.1 and 1.13.1 and
it states that SOCPA is outside the remit of this manual. However, the execution of search warrants
and SOCPA section 114(8) (a) amends the Police and Criminal Evidence Act
section 16(3) so that entry and search under a warrant must be within three
months from the date of issue.
Chapter 1.10, "Sexual
Offences" is a most important chapter, not only for examination purposes but
because very recent reports indicate the growing and continuing threat of
Internet paedophiles.
Sexual Offences Act section
15 (Meeting a child Following Sexual Grooming)
states that “A person aged 18 or over (A) commits an offence if
having met or communicated
with another person (B) on or at least 2 occasions , he
intentionally meets B, or
travels with the intention
of meeting B in any part of the world,
at the time, he intends to
do anything to or in respect of B, during or after the meeting and in any part
of the world, which if done will involve the commission by A of a relevant
offence,
B is under 16, and
A does not reasonably
believe that B is 16 or over.”
The keynote area of the
section is very clear, as are all the keynote areas in the book.
Child Protection is dealt
with in a separate chapter 1.11, although the keynote on the Children’s Act
1989, section 49 is rather sparse and not as punchy as it could be. As an
example if a father knows that his daughter is at a children’s home and he
assists her to run away from her carer, he will be liable under this section
49. Another example of child protection
is when a school teacher, convicted of an offence involving a child,
disqualified by the court from working with children, applies for a teaching
post without revealing his disqualification. The school teacher is liable as
soon as he applies for the job and the recruiting officer is liable as soon as
he offers the job to the school teacher applicant under the Criminal Justice and
Court Services Act 2000, section 35, ( see 1.11. 3.1 in this volume) and from
Autumn 2007, under the Safeguarding Vulnerable Groups Act 2006.
All in all, a brilliantly
laid-out study volume with good keynote areas, in need of updating in the next
edition.
Sally Ramage
Blackstone’s
Police Q&A
Blackstone’s Police Q&A Evidence & Procedure 2007
Edition: 2007
Author: Huw Smart & John Watson
ISBN-10: 0-19-920334-2
ISBN-13: 978-0-19-920334-5
Publishers: Oxford University Press
Price £12.50
Publication Date: 17 August 2006
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Description |
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Designed to mirror the best-selling Blackstone's Police Manuals , this series is
written by experienced and highly successful question writers. Each Q&A
book contains 100s of multiple-choice questions designed to reinforce
knowledge and understanding of all four Police Manuals, and to highlight any
gaps or weaknesses in that knowledge. Following subjects in the same sequence
as the Manuals and drawing upon the relevant text, the Blackstone's Police Q&As 2007 are essential
revision material for all police officers sitting the Sergeants' Part 1
promotion examinations. |
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Contents |
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Introduction Blackstone's Police Q&As - Special Features Acknowledgements 1. Sources of Law and the Courts
2. Summonses and Warrants 3. Bail 4. Court Procedure and Witnesses
5. Youth Justice and Youth Crime and
Disorder 6. Sentencing 7. Evidence and Similar Fact Evidence
8. Exclusion of Admissible Evidence
9. Disclosure of Evidence 10. Custody Officers' Duties 11. Identification 12. Interviews Question Checklist |
Blackstone’s Police Q&A General Police Duties 2007
Edition: 2007
Author: Huw Smart & John Watson
ISBN: ISBN-10: 0-19-920332-6
ISBN-13: 978-0-19-920332-1
Publishers: Oxford University Press
Price £12.50
Publication Date: 17 August 2006
Description |
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Designed to mirror the best-selling Blackstone's Police Manuals , this series is
written by experienced and highly successful question writers. Each Q&A
book contains 100s of multiple-choice questions designed to reinforce
knowledge and understanding of all four Police Manuals, and to highlight any
gaps or weaknesses in that knowledge. Following subjects in the same sequence
as the Manuals and drawing upon the relevant text, the Blackstone's Police Q&As 2007 are essential
revision material for all police officers sitting the Sergeants' Part 1
promotion examinations. |
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Contents |
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Introduction Blackstone's Police Q&As - Special Features Acknowledgements 1. Police 2. Extending the Policing Family
3. Human Rights 4. Policing Powers 5. Harassment, Hostility and
Anti-Social Behaviour 6. Public Disorder and Terrorism
7. Firearms 8. Weapons 9. Civil Disputes 10. Animals 11. Offences Relating to Land and
Premises 12. Licensed Premises and Offences
Relating to Alcohol 13. Offences and Powers Relating to
Information 14. Discrimination and Equality
Question Checklist |
Blackstone’s Police Q&A Crime 2007
Edition: 2007
Author: Huw Smart & John Watson
ISBN-10: 0-19-920336-9
ISBN-13: 978-0-19-920336-9
Publishers: Oxford University Press
Price £12.50
Publication Date: 17 August 2006
Price: £12.50 (Paperback)
ISBN-10: 0-19-920336-9
ISBN-13: 978-0-19-920336-9
Publication date: 17 August 2006
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Contents |
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Introduction Blackstone's Police Q&As - Special Features Acknowledgements 1. State of Mind and Criminal Conduct
2. Incomplete Offences and Police
Investigations 3. General Defences 4. Homicide 5. Misuse of Drugs 6. Offences Against the Person
7. Sexual Offences 8. Child Protection 9. Offences Amounting to Dishonesty,
Deception and Fraud 10. Criminal Damage 11. Offences Against the
Administration of Justice and Public Interest 12. Offences Arising from Immigration,
Asylum and People Exploitation Question Checklist |
Title: Blackstone's Police Q&A Road Policing 2007
Edition: 2007
Authors: Huw Smart & John Watson
ISBN: ISBN-10: 0-19-920338-5
ISBN-13: 978-0-19-920338-3
Publishers: Oxford University Press
Price £12.50
Publication
Date: 17 August 2006
New for 2007,
fully updated to include the Serious Organised Crime and Police Act 2005
(SOCPA) and the revised PACE Codes of Practice
Covers new
topical areas such as standards of driving, causing death of others, control of
vehicles, speeding, licensing & obligation of drivers and traffic signs
& directions
Includes coverage of new powers and offences in relation to insurance,
registration of vehicles, drink driving and seizing motor vehicles under
certain conditions
Designed to be
used alongside the Blackstone's Police Manuals 2007 and has references to the relevant paragraph number in the
related Manual
Provides full
explanations of answers and a handy question checklist so that students can
highlight any gaps or weaknesses in their knowledge
Written by
experienced and highly successful question writers
This new edition
focusing on Road Policing, has been revised and updated to include new
questions on important areas of the law such as the Serious Organised Crime and
Police Act 2005 (SOCPA), the revised PACE Codes of Practice, standards of
driving, causing death of others, control of vehicles, speeding, licensing
& obligation of drivers and traffic signs & directions. Also includes
coverage of new powers and offences in relation to insurance, registration of
vehicles, drink driving and seizing motor vehicles under certain conditions.
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Contents |
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Introduction
Blackstone's Police Q&As - Special Features Acknowledgements
1. Classifications and Concepts 2. Offences Involving Standards of Driving 3. Notices of Intended Prosecution 4. Accidents and Collisions
5. Drink Driving
6. Insurance 7. Safety Measures
8. Other Measures Affecting Safety 9. Construction and Use
10. Traffic Signs and Directions 11. Diver Licensing
12. Excise and Regulation
13. Goods and Passenger Vehicles 14. Fixed Penalty System
15. Pedal Cycles
16. Forgery and Falsification |
"I have the opportunity to use the Blackstone's Q&A products on a regular basis and they are a tremendous resource to use within a learning and development field. They are used in a number of ways such as a basis for checking knowledge with students, and as an overall research and development tool. They are a must for any staff member involved in learning in the police service."
David
Morgan,Training Officer, Dyfed Powys Police
"Well
structured and balanced ...I would recommend them to all candidates."
Rob
Jerrard, Police Journal
I
am glad to see in the introduction that both authors dispel the two myths, that
multiple-choice questions are easy to write and easy to answer. I spent many years writing MCQs and can confirm along with Hugh Smart & John Watson that you do not simply think up
a question and then quickly think up three alternatives.
My
most recent experience of writing such questions was for 'Advanced Training' run by David Anson, prior to that I spent two years at the Central Planning & Instructor Training Unit Pannal Ash, Harrogate and as
the Legal Inspector saw the National Police Promotion Examination Papers and
checked the questions and answers against the manual. I was part of the team that vetoed and vetted each question on the
database of questions and answers.
All
questions were tested nationally and received a performance indicator.
For
a number of years I also worked with a correspondence college, - Rapid Results College, for whom I
wrote manuals, Q&A, and marked test papers.
I
welcome these books, for many years candidates had to rely on their own forces
who might or might not have provided some sort of course, for that reason many
candidates used correspondence schools.
Some candidates relied on ‘The Manual Of Guidance’ (later called ‘The
Police Promotion Examination Manual’ and a set of books called Baker and Wilkie
which had been around for years.
I
think a set of these will provide candidates with a fair chance of passing if
they put the hours in.
My
only caveat is something I have mentioned before - why not loose-leaf? This year 2006, we are told over 100 new
questions have been added over all 4 books, or in other words about 25 per
book, which means that anyone who purchased the 2005 sets will be paying over
£45, for 100 questions; is that fair?
As
to the actual questions and answers, I have read sections of them and find they
are well structured and balanced, they will test the candidates and are worth
purchasing to self-test after reading the appropriate parts of the Police
Manuals. I would recommend them, to all
candidates.
Rob
Jerrard
This publication has been
produced as a companion to General
Police Duties which is Volume 4 of the Blackstone’s Police Manuals
series. The main text itself is highly
recommended as an essential text for all practitioners who require a clear and
authoritative exposition of the main elements of operational policing. It also fulfils its primary purpose of
providing an indispensable textbook for those within the police service who
intend sitting the sergeants’ and inspectors’ promotion examinations. The Q
& A accompaniment to the textbook consists of a comprehensive range
of multiple choice questions that correspond with the main subjects covered in
the textbook. Each section has a brief
introduction entitled Study
Preparation, followed by the questions that consist of four
choices. At the end of each section
there are clear explanations as to which are the correct answers as well as the
reasons why the other answers are incorrect.
All the relevant material is cross-referenced including the key passages
from the text that relate to each topic.
All those wishing to sit the sergeants’ and inspectors’ promotion
examinations who are studying General
Police Duties, will find the Q
& A accompaniment an indispensable tool in providing an excellent
focus on the key elements relating to operational policing. It is also an excellent
way for the examination candidates to prepare for the task ahead.
Leonard Jason-Lloyd
The reviewer must immediately confess that he is not a great lover of multiple choice questions and answers, or, as he prefers to call them, tick box guesses Such procedures only encourage shortcutting in a service that for most of its history prided itself on attention to detail. The authors, both serving police officers, attempt in their introduction to refute this allegation, but if it gives cause to suspect that it possibly existed, might it also indicate that just a hint of suspicion lurks somewhere in their minds?
Study
Preparation, the title of the opening text of the contents proper on page 1,
are without doubt the two most important words when it comes to promotion
prospects, or for that matter becoming a competent police officer. Indeed study
should really start from day one and should never be shelved until retirement,
and perhaps even not then. It is certainly not something that all too many
budding promotion aspirants seem to think begins on the days they decide to
seek promotion; by then valuable time has been lost. Neither should information
outside the syllabus be ignored. Anything that revolves round the complicated
process of policing should be gobbled up by any sensible student. It is
precisely for the latter reason that a question and answer book, such as the
one under review, should not be ignored. The contents will, hopefully, bring a
little more of the grey matter into play.
The
book endeavours to work its way through the syllabus, but whether those
answering the questions with ticks will eventually turn out to be the best
police officers, and more importantly the best supervisory officers, is perhaps
another matter. It does little to assist with leadership, but is rather more a
test of an examinee’s memory. Even then it does not help develop an argument
over a thorny point of law. A tick in a box will never decide a correct course
of action to a complex investigatory situation. Yes or no will rarely solve any
problem that faces a police officer. Reasoned argument, coupled with the known
facts and most importantly of all, an ability to put such matters together on
paper are the key factors. Multiple choice boxes militate against these.
Of
course there are some good things about a book of Questions and Answers. The
mere fact that the authors have taken the time and trouble to compile them is
the most important, because any book picked up by a reader only furthers
knowledge, so important, but sadly so neglected in police circles. Another plus
is the reference to the Crime Manual at the end of each answer which, any
student wishing to further his or her career must possess and which the
reviewer wishes formed part of a comprehensive annual issue to all police
officers, together with a monthly update document. Perhaps CENTREX will get
round to looking at the possibility of this becoming a reality, including the
vexed matter of funding such an issue.
The
Crown Prosecution Service Charging Standards are mentioned from time to time,
but whether they should be included in such a work is a matter for some
conjecture.
Either
the Standards are going to form part of police procedures from the onset or
they are not. The practice of taking over a prosecution has always seemed to
the reviewer to be a flawed procedure and so, in his view, it has proved to be
on a number of occasions. It is costly in terms of expense and court and lawyers
time. The need is for the law to place the whole issue of instituting
proceedings in the hands of the CPS and to leave arrest and investigatory
issues to the police. In this regard the passing into law of the Criminal
Justice Act 2003 has altered procedures and Crown Prosecutors are moving into
police stations, but arrangements will not be satisfactory until the police are
divested of all charging powers by law and decisions about all potential
prosecutions pass into the hands of the CPS.
It
would be foolhardy of the reviewer to attempt to comment on every matter that a
book such as this throws up, so he will concentrate in the space left available
to him to mention just a few. The spread of criminal offences is vast and
increasing in common with all criminal justice legislation and is well covered
in this volume, but many of the choices offered will have little practical
effect, indeed it is almost certainly the case that the vast majority of
arrests for assault, the arresting officer does not even know the extent of the
offence which can range from murder right through the range to minor assaults
or even disorderly offences. With cart blanche arrest on reasonable suspicion
now virtually universal, it is surely sufficient, and has to be sufficient, to
ensure that police action is reasonable and within the law.
Likewise
the ages of suspects or victims are rarely known at the time of arrest and in
the experience of the reviewer, seldom verified, unless they are needed to
determine the precise offence such as in the case of some sexual allegations.
The
advent of the arrest provisions brought about by the Serious Organised Crime
and Police Act 2005 will give food for thought regarding some of the answers
and the constant passage of cases before the appeal courts, often only a short
time after the original sentencing, are matters that will give not only the
reader, but also the authors, cause to consider how best to frame the next
edition.
This
is a book that will give most pleasure to a band of probationers, promotion
aspirants and other groups interested in the application of the policing the
criminal law. One can see endless arguments ensuing about the contents in
canteens, offices and places where such people come together.
Just
one word of warning. This is not a book that is going to guarantee success on
examination day. Only hard work and dedicated study will achieve that. So if
you are one of those who think that a quick look through the pages for a few
days beforehand will be sufficient, at least you will have had the benefit of
increasing your knowledge because some of the contents will have made you
think, but it is doubtful if there will be much rejoicing on the day the
results are announced.
Brian
Rowland 1047/01/06 10th January 2006
When given Blackstone’s Q&A/Blackstone’s Mock Examination to review
I immediately felt that "Mystic Meg and her Crystal Ball" had
descended onto my office desk at Kent Police College.
I
have lived with Blackstone’s manuals and the Q&A for the last six
months. My partner was an OSPRE
"failure" victim in December 2004 and has had to study to retake Part
1 in July 2005. As a serving police
officer I have long been used to the concept that I am "paid for 10 hours
but contracted for 24" and therefore being constantly bombarded with
Q&A’s was no surprise.
I
had to ask the question: given the bi-annual farce of regurgitating mountains
of facts/definitions learnt by rote: "is any study aid of help" or
does Blackstone’s Q&A’s and the mock exam actually help? Are they any good? Our OSPRE Co-ordinator elicited the opinion of current and former
OSPRE candidates and it seems clear that the consensus was that both
publications were useful.
Blackstone’s
Q and A’s
The
questions in the Blackstone’s Q&A’s are clearly definition rather than
scenario based, which is in itself an aid to learning as they unpick the
offence from the definition. The
presentation is also good as the answers are linked to the general Blackstone’s
texts and therefore the appropriate legislation can be located quickly and
without difficulty. Explaining the
reasoning behind the wrong answers is also a good learning tool as it
eliminates the guess element and aids memory.
The answers are clear with easy to understand explanations. One officer states “I found that having used
the answer as a debriefing tool I could say why each of the incorrect answers
were wrong and recognise how the question writer was trying to draw me away from
the correct option”.
The
following health warnings on the Blackstone’s Q&A do however apply:
In conclusion a useful aide, but one of many!
This is something that has been long been needed by candidates and the
presentation of the booklet mirrors the real examination. One candidate states, "it was a really
good way of judging how quickly you have to work". One previously successful candidate stated:
“some of the questions appeared in the real exam almost word for word!”
Unlike the Q&A questions these are scenario based and give a good
indication as to what a candidate may expect in the exam. All examinations demand some
"technique" and Police promotion examinations are no exception;
therefore, to have a document that reflects the reality of the exam allowing
officers to scope and practice their technique is long overdue. The myth of OSPRE is finally unravelling,
revealing a process that is passable given a huge amount of personal and
professional application.
The marking system is easy to use and the marking guide can be copied to
allow the candidate to have several attempts and to revisit wrong answers
allowing for an improvement in their speed/technique.
Described as "invaluable" and "a must" by officers;
well worth the outlay.
Inspector Alexandra Harrington
Operations Training Manager
Kent Police College
Blackstone'
S Police Manual Volume 1 - Crime 2006
Edition:
2006
The reviewer received this volume with much pleasure, anticipating that it would follow in the footsteps of its predecessors' and so it has proved. Blackstone's four Police Manuals' are indispensable reading for all police officers and should be as much a part of the personal accoutrements, as the uniform and warrant card.
On
receiving the current volume the reviewer referred back to his copy of the
initial publication for 1998/99, to compare just how much more there is to
learn now about the police task. Whereas the first publication comprised just
176 pages, the 2006 edition now requires no less than 328 pages. It is a far
cry from a much thumbed and much loved, 1954 (13th edition), of Police Law by
C. C. H. Moriarty that covered all aspects of the police task in 602 pages of
less than A5 size, on which the reviewer was able to pass, what was then, a
local examination in police subjects for qualification to Sergeant. There was
in those days a little matter of an educational qualifying examination to pass
as well.
The
plethora of law now churned out by Parliament, year after year, makes it
impossible for even the most industrious of publishers, and those responsible
for setting examination questions, to stay on track. Inevitably closing dates
have to be posted on both. With improving educational standards, one is drawn
to the conclusion that the days of an annual examination might be numbered.
With
such massive changes in the law, the required editing for each edition becomes
a complex operation of its own and mistakes will appear which although only
minor might cause fruitless searches. One finds that in the Tables of Secondary
Legislation at page xxxix there are two references to paragraph 1.15.3., but
one searches there in vain for any sign of the Criminal Justice Act 2003
(Commencement No 8 and Transitional and Saving Provisions) Order 2005 SI
2005/950 which the reviewer suspects will make its appearance in the 2007
edition.
One
aspect of the criminal law much neglected by police officers and tucked away
under `Corporate Liability' at page 16 is dealt with in under 20 lines. It
should be required reading for all police officers and posted up in a prominent
position in every police station. The reviewer well remembers a Detective
Sergeant tearing his hair out when compiling crime figures, saying that he had
no less than 16 different titles for one of the prominent High Street chains
much troubled by shoplifters.
The
law on sexual offences and child protection continues to grow and this is
reflected in the chapters and space devoted to the subjects. The Sexual
Offences Act 2003, which came into operation on 1St May 2004, has now had time
to bed down with charges increasingly coming before the courts that were
previously unknown, but reflecting the changes in the sexual activity of the
nation. These are fitted into the general format of the volume and excellent
guidance given in the Keynote sections of the chapters. There will no doubt be
varying views cast on these new offences and without doubt, further amendations
to the law, as legal argument unfolds on them
The
Child Protection, Chapter 1.11, covers more ground for police involvement.
Again society has changed perceptions, with divorce, single parentage often in
the teenage years and new partners creating problems, matters which did not happen,
at least to anything like the degree that is seen today. Appalling crimes have
been committed against children with all too often the police service being
seen to be as neglectful as other interested parties. Inquiries have been held,
or promised, and new legislation passed, or promoted, but the coming together
of the various bodies, coming from widely different quarters, has yet to be
achieved. Perhaps the need is for a fundamental change in the criminal justice
system, whereby the police service is divided into separate national and local
bodies. Police in body armour toting machine guns at international airports
will not reduce the fear of crime on a rundown inner city estate where even the
uniform of a poorly trained Community Support Officer is rarely, if ever seen.
The
old faithfuls of crime, of course, have their place, theft and kindred offences
and assaults are given the coverage they deserve and it must never be forgotten
that they are the most likely to be dealt with on day-to-day basis. These
might, consequently, be glossed over by the promotion candidate with the detail
left out on examination day, on the basis that sufficient is known about the
subject That could be fatal. Attention must therefore be paid to the procedural
chapters in the early part of the book as to what form constituent parts of
such crimes and what is required to pass the examination.
The
Appendices at the back of the volume are no less important than the substantive
law and some of them continue to reflect the growing links between the Crown
Prosecution Service and the Association of Chief Police Officers. These links
may not always be to the liking of the rank and file, but until the former
assumes a more positive role and assumes complete responsibility for the enforcement
of the whole of the criminal law, there will have to be such liaison without
the force of law, which in the reviewer's opinion will remain a most dangerous
concept. More importantly, the candidate, whilst he may have different views,
must ensure that his studies grasp the understandings that have been reached.
The
criminal law is galloping along at an ever-increasing rate and examinations and
textbooks will always lag behind and it will always be difficult to ignore what
the future may hold. The syllabus is one thing, the workaday practical police
work is another. It is important that where appropriate, the two are kept
apart.
As
usual the author and the publisher have done a magnificent job in pulling
everything together within a time scale; not for them the benefit of long
research, everything has to be done against the clock and it is hugely to their
credit that yet again, deadlines have been met.
To
promotion candidates, good luck in your studies, but do not forget that you
will still have to dip into Blackstone's whatever position you ultimately
achieve within a fast growing police service.
Brian
Rowland 1048/01/06 15th January 2006
Legislative reform continues
apace, and the 2006 editions of this invaluable series of eight books (four
manuals and four corresponding question and answer books) is a welcome addition
to any operational police officer’s bookshelf.
Evidence and Procedure is perhaps the least liked aspect of police work
for many probationers. The rules and
regulations seem complicated, and police procedure is frankly just not as
exciting as provisions relating to criminal law. Therefore, one might reasonably expect the Evidence &
Procedure titles to sell comparatively few copies. However, as any police officer knows, to disregard proper
procedure is to do so at one’s own peril.
With the Serious Organised
Crime and Police Act 2005 Parliament has dramatically overhauled the law
relating to the police and police powers.
For instance, in an attempt to streamline and modernise, in England and
Wales the old powers of arrest have been swept away. A new power of arrest came into force on 1st January
2006, and anecdotal evidence suggests that many police officers struggled with
the new law on operational level.
Whilst arrest is outside the ambit of the publications being considered
here, this does highlight the problem inherent in legal textbooks. These books have ‘2006’ printed on the
cover, state the law as at 1st June 2005, and are, by now, out of
date. This is apparent in the
Appendices to the Manual, which lends 94 pages to a reproduction of the PACE
Codes of Practice. These Codes have
been substantially updated since publication.
Indeed, the police now have an additional Code, Code G which regulates arrest. However, these could be considered minor problems
– the vast majority of police officers will no doubt be aware of the new law
and the revised Codes. These legislative
and procedural changes will undoubtedly be taken fully into account by the
authors in the 2007 editions. (Updates are available at www.centrex.police.uk
The Manual and the Q&A
in many ways ‘stand alone’ from each other – they set out to achieve the same
end, but their methods of approach are quite different. Turning first to the Police Manual, it could
be used as just that – a manual to train probationers or as an office-based
reference for longer serving officers.
Professional development is steadily taking a foothold in the UK police,
and the PDP and PDR systems can no longer be ignored. Those with no formal legal education other than initial training
need not be put off – the layout of the text is clear and well ordered, and the
index, tables of authorities and contents are comprehensive and easy to
use. A particularly useful explanation
of legal citation is given above the Table of Cases. Where other Volumes of the series refer in more detail to a
subject, these are usefully cross referenced; and key points are highlighted by
being summarised in grey boxes where appropriate.
The Manual is split into
three distinct parts – Part I deals with the Criminal Justice System; Part II
deals with Evidence; and Part III deals with Procedure (largely interviews and
identification). Some areas of the law
are simply ‘touched upon’ – there is no in-depth analysis or explanation of the
law. For instance, there is a very
brief mention of the European Court of Justice and European Court of Human
Rights, and an even briefer mention of the International Criminal Court. Whilst the work of the ICC is highly
unlikely to impinge on the day-to-day work of all but a handful of UK police
officers, it is nice to read a clear and concise explanation of what it does
and who it tries. Rather more space is
given over to explanations of how the legal process works and who can be
expected to play a role in court proceedings and the trial. Whilst the average beat bobby need not have
any specialised knowledge of what the Attorney-General actually does, it would
be wrong to omit his role in a systematic explanation of parties to a criminal
case. Chapter 2.3 sets out the
respective roles of the DPP, the CPS, the SFO, and other prosecution bodies
(eg: DTI, DSS, etc). Similarly, there
is a good description of the process of application for and issuance of summons
and warrants.
At all points throughout the
text, statutory instruments, higher court decisions and legislative provisions
are referred to. Whilst these parts of
the Manual are straightforward and easily understood by the reader, it is
submitted that where complex and unusual scenarios arise senior officers and
criminal justice practitioners may prefer to use a more in-depth and scholarly
‘manual’, such as Bevan & Lidstone’s ‘The Investigation of Crime’.
Decisions regarding Bail are
discussed at some length, and the new ‘street bail’ provisions under s.4
Criminal Justice Act 2003 are explained.
However, there is little indication as to how street bail might actually
work in practice, and a rather dry legislative explanation is given. This might be contrasted with the street
bail policy of British Transport Police, which in little over one page explains
the rationale behind street bail, the operational advantages of it, and how the
constable should make use of it.
Arguably, it would be useful to see ‘example’ documents of this type
included in the Appendices alongside the PACE Codes and the Home Office
Circulars.
The implications of
breaching bail conditions or failing to surrender are clearly and fairly
exhaustively set out, and the ubiquitous Human Rights Act 1998 makes three
appearances in this chapter. It is
perhaps with the 1998 Act in mind that the authors painstakingly explain the
grounds for refusing bail, and the obligations of the custody officer.
Part II of the Manual
discusses the law of evidence. As
expected, this is fairly standard fare, and examines inter alia sources of
evidence, the burden of proof, public policy, and exclusion and disclosure of
evidence.
Part III is perhaps the most
useful part of the Manual for the operational officer, as it reviews in some
detail the custody officer’s duties and responsibilities, identification and
samples, and police interviews.
Arguably, the custody officer’s powers have been strengthened by the
Serious Organised Crime and Police Act, but the explanations of ‘who can do
what’ are welcome. This part of the
Manual is largely based on the Codes of Practice. Areas of complex procedure, such as when and where a person can
be interviewed, do they need to be cautioned, does it need to be tape recorded
or videotaped et cetera are all covered.
There is some explanation of
taking samples from prisoners who are suspected of having taken drugs. However, the Drugs Act 2005 makes
significant changes to Code C (Detention and Treatment of Prisoners) relating
to testing detained persons for the presence of Class A drugs, rendering this discussion
largely obsolete.
The Police Q&A book is
much as expected. Essentially, it is
designed as a multiple-choice study companion for officers attempting the OSPRE
Part I exams. The book is organised
into twelve sections, and it has 212 questions which closely mirror the subject
matter dealt with in the Police Manual Vol II.
If truth be told, it is highly likely to be used in conjunction with the
Manual. The authors are both serving
police officers, and so have the operational experience and knowledge to make
the questions challenging but uncannily realistic. This is the cheaper of the two books, and by far the shorter in
terms of length. Unfortunately it does
not have an index, and is therefore unsuitable as a general reference at a
police station.
Like the Manual, it relies
heavily on the Codes of Practice, and falls into the same trap as the
latter. Changes made to procedure,
particularly in the field of taking samples and photographs, by the Serious
Organised Crime and Police Act, are not considered. That said, this edition does include questions which take into
account the Prevention of Terrorism Act 2005, the Hunting Act 2004, and
recording of stop/searches. There are
some deceptively difficult questions with relation to children and young
people, which demonstrates that even the most experienced police officer should
find something to challenge or refresh their memory.
The great strength of these
books is that they are annually updated, and written by and for operational
police officers. Although there are
problems surrounding the fact that the law has changed since these books were
submitted for publication and that normatively some of the answers supplied are
now ‘wrong’, these issues can be easily addressed in the next editions. The fact that they are primarily used for promotion
study should not deter probationers looking for a wider knowledge of police
procedure, or experienced police officers who are updating their skills.
Jon Mack
Blackstone’s
Police Manual 2006 Road Policing
This manual is
the only official study guide for the Police promotion examinations in England
and Wales, as well as being a recognised text for Police probationers. This makes it an essential resource for Officers
in those two categories as well as for all motor patrol Constables. It is also a useful refresher work for
Officers generally.
The layout of the index is clear and specific, which makes it easy to pinpoint the relevant section. Road Traffic Law is a minefield for even the most experienced Officer. A cursory searche of the web reveals a proliferation of lawyers and ‘do it yourself’ guides dedicated to exploiting every loophole. An on-the-spot decision at the roadside or at the Station can make the difference between a successful prosecution and professional embarrassment. When do you issue a notice of intended prosecution? In what circumstances may you require a specimen of breath from a driver? That’s without even beginning to get to grips with the often head-swimming Construction and Use Regulations. The Officer, with a thorough knowledge of this manual (tested by the companion question and answer volume) can be confident of getting it right.
The section
entitled ‘How To Use This Manual’ is helpful to those who simply wish to revise
the topics that are certain to appear in the OSPRE Part I examinations. There is a clear distinction between
examination material and non-examination material, which makes it a good choice
for those who choose to broaden their horizons and read thoroughly around the
subject area, rather than simply learning what is required of them and makes it
suitable for students of all levels.
The first
chapter (3.1) is a gentle introduction into the basic concepts and classifications
of road traffic. It defines every
conceivable type of motor vehicle and explores the differences between being
‘in charge’ of a vehicle and being ‘the owner’ of a vehicle. It starts on a
basic level and expands from there.
The concepts
of using, causing and permitting are important elements of road traffic
offences, therefore it is crucial that a road policing study guide should break
these down and analyse the differences between them. Chapters 3.1.3.12 –
3.1.3.16 do this in a clear and succinct manner, which makes it easy for a
student to get straight to the relevant point.
The manual is
written in plain English, making it easy for a student to comprehend and there
are keynotes at the end of each chapter, not unlike the ‘Nutshells’ law
revision guides. For ease of reference
the appendices are well laid out, which makes it simple for students to cross
reference material facts. They contain
useful illustrations and easy to follow tables of minimum ages at which people
can drive, particular types of vehicle, and the maximum speed limits for
vehicles of different classes.
This manual is
an excellent reference work. It has a
clear and logical style, which will help Officers get through their exams, and,
more importantly, enable them to do the job effectively and with confidence.
Road
Policing 2006
This Q&A book has been
written as a companion to the Blackstone’s Police Manuals and the chapters
follow the same format as Blackstone’s Police manual, which simplifies
cross-referencing.
The questions are all
multiple choice, ideal for preparing the student for the exam. This is a comprehensive way for the student
to test him or herself on the key topics, and is an essential revision aid as
well as being a useful test yourself guide for the Officer involved in policing
road traffic. The authors have come up
with a wide range of scenarios from the mundane to situations, which the
Officer would hope never to encounter in practice. What are the insurance requirements of an undercover Officer
driving a different vehicle every week for security reasons? Study this book and you will know the
answer.
No question and answer book
will cover every situation the Officer will encounter, and nor will the exam,
but the authors acknowledge that and advise students to ask why a question was
answered incorrectly, or, just as importantly, correctly. That approach will enable the diligent
Officer to use this book not only to get through the exam but also to obtain a
greater understanding of the subject matter.
The Officer who uses this book in that way will be able to approach
different problems with the reasoning skill required to solve them.
The preface to the road
policing manual emphasises how important road policing is in challenging
dangerous, aggressive and antisocial driving as well as being of great
assistance in the wider role in disrupting the activities of serious and
organised criminals and terrorists. It
is important that Officers get it right.
These books will help them do just that.
Carrie Laws
Bay Advocates
Torquay, Devon
REVIEW of GPD 2006
For several years,
Blackstone’s Police Manuals have been firmly established as valuable sources on
police law and procedure that go beyond the main purpose for which they were
originally produced. Although primarily intended to prepare police officers for
the sergeants’ and inspectors’ promotion examinations, these books have been
highly acclaimed by an even wider section of the market, including legal
practitioners and academics. New editions are published annually and this
ensures that they are updated as much as possible, and their general format is
consistently clear and user-friendly. The Blackstone’s Police Manuals series
consists of four volumes namely Crime,
Evidence and Procedure, Road Policing and General Police Duties. All of these books maintain exemplary
standards of presentation, accuracy and clarity, and the volume under review is
no exception.
General
Police Duties is divided into three main
parts followed by seven appendixes. This is preceded by a table of cases,
followed by tables of primary and secondary legislation. Part I is entitled Police and this in turn covers
policing in general, the extension of the policing family, human rights, and
policing powers. This part of the book contains a mine of information on the
overall framework of the police service in this country, that is explained in a
direct and succinct manner. This is followed by coverage of the controversial
issue of extending the policing family. Since the relevant parts of the Police
Reform Act 2002 came into force, the concept of the ‘extended police family’ as the Act names it,
has become increasingly more visible. Fraser Sampson names this ‘the extended policing family’ as he rightly points
out that certain civilians endowed with specific police powers and duties may
not be employed by the police service. This applies to designated detention
officers and escort officers who may be supplied under contract to police
authorities by private companies. Alternatively, they may be directly employed
by police authorities, although this latter point is not specifically mentioned
in this part of the book. The book then includes the conferment of certain
police powers on other non-police employees, namely accredited employees under
community safety accreditation schemes. The other classes of civilians under
the extended policing family are covered earlier in this part of the book. The
most visible (and probably the most controversial) are police community support
officers. Their powers and duties are very clearly listed and explained,
followed by similar coverage of investigating officers.
The section dealing with
human rights and policing powers is written in a particularly approachable
manner. This important but complex subject has been effectively demystified by
providing a very good introduction and overview of the topic, and then applying
the relevant aspects of it to police duties. The final section under Part I is
headed ‘policing powers’ and includes the powers and procedures most commonly
exercised in the course of everyday operational policing. These include stop and
search, arrest powers, the issue of fixed penalty notices, as well as powers of
entry, search and seizure.
Part II is headed Community Safety and covers important
issues such as harassment, hostility and anti-social behaviour; public disorder
and terrorism; firearms and gun crime, as well as offences involving weapons in
general. In keeping with the general format when addressing specific offences,
an introduction to the subject is provided, followed by citing the relevant
sources of the law, and, where appropriate, a ‘keynote’ section is then
included that relates the law to the relevant operational policing issues. Part
III is entitled General Police Duties
and the main headings are: civil disputes; animals; offences relating to land
and premises; licensing and offences relating to alcohol; offences and powers
relating to information; diversity, discrimination and equality; and railways.
This is followed by the seven appendixes already mentioned in the introduction
to this review. These include reproduced PACE Codes of Practice A and B, CPS
Public Order Offences, incorporating the Charging Standard, Schedule 6 to the
Football Spectators Act 1998, the Human Rights Act 1998, and Best Value
Performance Indicators.
The next edition of this
book will be subject to very substantial changes, due particularly to the
Serious Organised Crime and Police Act 2005. Among other things, this Act will
have a particular impact on Part I regarding the new arrest framework, and the
latest edition of the PACE Codes of Practice that came into force on 1st
January 2006 will significantly affect this volume and others. There can be no
doubt that all this will be handled with the characteristic skill displayed in
previous editions. However, it will not rest there as the Police and Justice
Bill, introduced in Parliament on 25th January, is destined to make
even further changes. This does not include any secondary legislation that may
be passed or any important case-law that may be decided within the relevant
time-scale. Due to the volatility of the subject, the production of this book
on an annual basis, and others in the Blackstone’s Police Manuals series, has
proved to be essential rather than merely useful. The current obsession with
constantly changing the police service seems unlikely to subside. Fortunately,
there are publications like Blackstone’s Police Manuals that are an important
lifeline in helping to keep many people
afloat in the wake of all these reforms. This book is therefore highly
recommended to all those who need a clear and comprehensive knowledge of
general police duties.
Leonard
Jason-Lloyd
Evidence and Procedure Manual 2005 Reviewed by Brian Rowland
The Evidence and Procedure volume, the second of
four excellent, and so reasonably priced, Police Manual publications, is a
massive tome of 492 pages which contrasts with the 304 pages of the first run
of the book printed in 1998. This vast
increase is indicative of the massive growth in evidential and procedural
matters in that short period. It is
true that other aspects of the criminal law have grown at a similar rate, but
it is arguable whether they will create as many complications. Evidence and procedure provide rules for
those responsible for law enforcement to follow, as opposed to other statutes,
that in the main set out offences where the law is deliberately flouted and can
be directly punished.
The reviewer received with the volume the OSPRE -
Objective Structured Performance Related Examination - Rules and Syllabus for
the qualifying examinations for promotion to the ranks of Sergeant and
Inspector. Here again the contents are
admirable, leaving the candidate in no doubt as to the range of study that must
be covered.
It is a little sad that the rules have had to be
made so rigid, very largely because some candidates have not done their
homework or have failed to recognise what is expected of them.
It is a pity that pedal cycles have been removed
for the Syllabus in both qualifying examinations, bearing in mind that sales
are increasing, the desire of Government for more people to use cycles, the
increased fatal accidents involving children and the need to curb exhaust emissions.
As with all the volumes of this series, the
information provided is first class and consideration should be given as to how
it might be provided to every serving police officer, irrespective of their
promotion aspirations. Police work has
now become so complicated and tactical training work so time consuming, that
more and more one reads of the officer at the sharp end receiving only minimal
training in the period between ending probation and leaving the service on
pension. The reviewer cannot recall one
single instance when training has been cited as a reason to increase
establishments; this now appears to be a vital requirement. Perhaps Blackstone's can consider publishing
a truncated version of this series and that HMIC and ACPO would recommend that
at least once in the working week an official update period is allocated so
that every officer is aware of changing circumstances. It would certainly make for a much more
professional police service.
This volume is vast, setting out the law of
evidence and procedure. Such is its complexity that the time must come when
consideration is given to taking some of the procedural issues away from the
police. The laws of evidence must be
retained and are gradually being simplified in some respects, but unfortunately
at a slower pace than new law coming on to the Statute Book and new cases
reported as the judges get to grips with the writings of the parliamentary
draftsmen and place their interpretations on the words of the law.
The Crown Prosecution Service and the Magistrates'
Courts have for too long relied on the police service to do work that the
reviewer suggests might be more in keeping with their procedural roles. Some
changes have already been made, such as the alignment of the former with police
boundaries and the arrangements for collecting fines by the latter, but much
more radical change is needed if police officers, now tied up with procedural
issues, are to be released for street duties rather spending hours inside police
stations.
This is a magnificent publication for the academic
or student of policing, but it must be something of a nightmare for a young
custody officer faced with a complicated matter for decision in the middle of
the night.
(Books Review Editor’s note -
Oxford University Press have just published, "Blackstone’s Custody
Officer’s Manual", which it is hoped will be reviewed at a later date)
It also raises the issue of the omniscient police
officer as master of all he surveys. The reviewer recalls, more years ago than
he cares to remember, Colonel A. F. Wilcox, the then Chief Constable of
Hertfordshire, making the point that the police officer would before long be
burdened with so many reference books he would need to consult, that provision
would have to be made for patrolling officers to have some sort of
conveyance. The motor car has avoided
that necessity, but reference books do not seem to figure very largely in
police vehicle equipment even in this day and age, perhaps they should?
The book, and indeed, the whole series, is of
course aimed at promotion candidates rather than for those officers, who for
one reason or another either choose not to opt to move up the ladder or do not
last the grind of long hours of study, so the percentage who even see these
volumes, is a fraction of the service.
With a Government aim that 50% of young people will attend University it
must call in question whether there still remains a need for a promotion
examination programme at all. Perhaps
the money spent on the Central Police Training and Development Authority
(CENTREX rather than CENTEX as referred to in the acknowledgement page) would
be better spent on providing all officers with appropriate textbooks and
training.
Over half of this book is devoted to Part 111, Police Station Procedure, a most important
aspect, dealing as it does with the liberty of the subject. With constant calls for more police officers
to be on the street and the need for less paper work, coupled with the
complexity of the operational side of law enforcement, surely the time has come
to take the theoretical aspects out of police hands and place it where the
reviewer has long since believed it rightly belongs, namely with the Crown
Prosecution Service. Once the tactical
side of policing is over, namely with arrest and placement into lawful custody,
let the lawyers get on with the administration. This would include the
interrogatory issues, detention and identification aspects. The role of the Custody Officer should no
longer be a police officer, often with very little training and cellblocks
could, in most instances, be separated from police stations by structural
alterations situated as they often are against blank walls with limited
access. The issues associated with rank
when making decisions would be removed overnight, as would the long held views
of some that the police are both judge and jury, particularly when it comes to
deaths in custody.
The first tentative steps towards some of the
proposals the reviewer has suggested have already been made, but more must be
done. The police just cannot take on
more and more new roles and be seen to be experts and fully trained in so many
diverse fields. The time must be fast approaching when the requirement for
promotion examinations covering the whole area of policing is no longer
necessary and where the ability to do specific tasks is recognised. The trick
will be to divide this whole conglomeration into manageable segments.
Brian Rowland
24th December 2004
Note from Books Review Editor
Blackstone's Police Manuals are the leading texts on police
law. Endorsed by CENTREX, they are the only official reference work for police
officers preparing for promotion examinations and for probationary officers. They cover all aspects of police law and
procedure from a police officer's perspective.
Rob
Jerrard