INTERNET LAW BOOK
REVIEWS Provided by Rob Jerrard LLB LLM (London)
OXFORD UNIVERSITY
PRESS 2007
Blackstone's Criminal
Practice 2008
Edition: 2008 Hardback
|
Authors: David Ormerod |
|
Contributors: General Editors Peter Beaumont
|
ISBN: 13: 978-0-19-922814-0
Publishers: Oxford
University Press
Price: £175
Publication Date: 11th
Oct 2007
Publisher’s Title
Information
A leading reference work for
the criminal practitioner, frequently cited by the courts
General Editors Lord Justice
Hooper and Professor David Ormerod lead a team of expert academic and
practitioner contributors, offering authoritative, clear and comprehensive
guidance and analysis on all aspects of criminal court practice
Covers both Crown Court and
magistrates' court practice in one volume
Advice is given on all
practical matters, including jurisdiction, time-limits, procedure, forms of
wording, defences, and sentencing
Appendices include
up-to-date text of the Criminal Procedure Rules, PACE Codes, Attorney-General's
Guidelines, the Code for Crown Prosecutors, Codes, Guidelines and Protocols on
Disclosure, SGC Guidelines, and the Fraud Protocol
Systematic arrangement of
information and materials offers exceptional clarity
Common-sense indexing,
essential cross-referencing, clear page design, and tinted thumb-tabs ensure
quick navigation
Available in either print or
CD-ROM, with free online updating
Free online monthly update -
organised by date and by Part and cross-referenced to the main work, with links
to the full text of relevant judgments and legislation
Blackstone's Criminal
Practice Bulletin - free quarterly newsletter designed to alert practitioners
to key developments in criminal law and sentencing
The 2008 edition has been
fully updated and revised to cover essential new legislation including; the
Fraud Act 2006; the Companies Act 2006; the Police and Justice Act 2006; the
Road Safety Act 2006; the Violent Crime Reduction Act 2006; the Serious and
Organised Crime Act 2007; as well as new sentencing guidelines from the SGC,
including those on sexual offences, breach of protective orders, and domestic
violence
Review
I
remember reading the first paragraph of the first edition which recorded, 'the
last time it happened, George IV was on the throne, and Great Britain still
harboured lingering pretensions to sovereignty over the United States, the
Judicature Act 1875 was over a half - century away, the Common Law Courts sat in
Westminster Hall, imprisonment was a remedy for debt and Doctors' Commons was a
flourishing institution. Felonies were
capital offences, yet the accused enjoyed no right to counsel and was not
permitted to testify in his own defence.
Times have changed, and even giving the conservative attitude of lawyers
to innovation, it is time it happened again.
The 'it' referred to is the publication of a wholly new work in the
field of criminal law dealing as comprehensively as practicable with all the
law, evidence and procedure practitioners need to know. It was in 1822 that JF Archbold first published
his celebrated work'.
Was
it really sixteen years ago?
The
aim of the first edition was
A
single volume of manageable size and expense.
An
annual edition, giving up-to-date service without the cost and inconvenience of
supplements
In
areas of general principle writing of uncompromising and rigorous scholarly
quality
In
more specific areas meticulous attention to detail
Everywhere,
emphasis on the practise of the courts
Critical
scrutiny of contents to promote maximum utility and minimum confusion
I
feel certain they have achieved these goals; however one cannot help noticing
that any future increase in weight may call into question whether the book is
'of manageable size'. The editors would
no doubt point out correctly, that with the need to cover such notable statutes
as the Fraud Act 2006, the Road Safety Act 2006, the Companies Act 2006 and new
criminal procedure rules as well as the massive increase in the number and
important sentencing guidelines.
There
is also a vast new number of cases digested in the edition including: Rahman
on Joint Enterprise, Bree on Consenting Sexual Offences, Heard on
Intoxication, Ramzan on Conspiracy and Money Laundering, Carey on
Manslaughter, Ashton and Clark and McDaid on Criminal
Procedure.
The editors also point out, 'They have endeavoured to keep place with the alarming pace of change'.They refer to a torrent of legislation coupled with an increasing volume of appeals in criminal justice, particularly from the House of Lords. In addition, a new species of material in the form of the 'Protocol' has appeared in recent years and they have incorporated discussions of these important documents on disclosure, terrorism and heavy fraud, in the relevant chapters. All of this means of course that there is more relevant material than ever to incorporate if the book is to maintain its comprehensive coverage’.
New
names appear with this edition, viz, Rudi Forston, Duncan Atkinson, Professor
Ed Cape, Tim Maloney, Stephen Parkinson, Michael Lerego QC and Alex Bailin have
replaced some of the familiar names.
Purchasers
of the book can take advantage of a quarterly bulletin, a monthly alerter to
key developments as well as a website.
A CD Rom version is also available, a copy of which your Reviewer always
treasures and uses extensively because as ever, time is of the essence with the
busy lives we lead.
Rob
Jerrard
Blackstone's Police Manual Volume 1: Crime 2008
Blackstone's Police Manual Volume 2: Evidence and Procedure
2008
Blackstone's Police Manual Volume 3: Road Policing 2008
Blackstone's Police Manual Volume 4: General Police Duties
2008
Authors: Paul Connor, Police Training Consultant
Simon Cooper, Senior Lecturer in Law, University of Sunderland,
Glenn Hutton, Private consultant to organisations concerned with recruitment
and selection by way of assessment,
David Johnson, Barrister and operational inspector in the Metropolitan Police,
Gavin McKinnon, Head of Secretariat, National Policing Improvement Agency, and
Michael Orme, Former Road Traffic Policing Officer with Greater Manchester
Police
Fraser Sampson, Executive Director of the Civil Nuclear Police Authority
ISBN: 13: 978-0-19-922923-9
Publishers: Oxford
University Press
Price: £58
Publication Date: 23 August
2007
Publisher’s Title
Description.
The only official study
guides for the OSPRE Part 1 Police Promotion Examinations in England and Wales
- endorsed by Centrex, now known as the National Policing Improvement Agency -
detailed coverage of the entire examination syllabus
Restructured content,
ensuring that the information is more concise and more focussed on the OSPRE
Part 1 examinations.
New for 2008 - fully updated
to include the Fraud Act 2006, Emergency Workers (Obstruction) Act 2006, the
Safeguarding Vulnerable Groups Act 2006, the Police and Justice Act 2006 and
the Violent Crime Reduction Act 2006.
Written and developed for
police officers by police officers - targeted directly at the needs of the
police
Keynotes by the authors
break up statutory text and common law, providing clear and concise analysis of
important areas
Comprehensive
cross-referencing with other Blackstone's Police Manuals for ease of reference
when considering subjects across other manuals
Systematic arrangement of
information and materials offers exceptional clarity
Common-sense indexing and
essential cross-referencing.
New to this edition
New author team for 2008
led by Paul Connor and Fraser Sampson, conducting a complete review of the
manuals - making them more relevant, accessible, and targeted to the
examination.
Blackstone's Police
Manuals are the leading police reference texts in the UK. In addition to
being the only official study guides for the police promotion examinations
in England and Wales, and a recognised text for student police officers,
the Manuals have quickly established themselves as the definitive reference
sources for all who have involvement with police law and procedure. The
Manuals have been written in consultation with police forces across England
and Wales, and are endorsed by Centrex, now known as the National Policing
Improvement Agency, for OSPRE Part 1 Promotion Examinations.
Each book in the four volume pack has been revised and updated to include
all recent legislative changes such as the Fraud Act 2006, Emergency Workers (Obstruction) Act 2006, the
Safeguarding Vulnerable Groups Act 2006, and Road Safety Act 2006.
The Manuals are widely used in the professional development of police
officers in a variety of roles making them essential reading for anyone
with an interest in police and criminal law. Whether you are a serving
police officer or police trainer, a practitioner, advisor, or researcher,
Blackstone's Police Manuals 2008 are an essential purchase.
Title: Blackstone's Police
Manual 2008: Crime
Review of Crime and Crime Q and A
The Blackstone’s Police Manual on Crime and its accompanying questions and answers book (Smart and Watson, 2007) is the first of four Manuals that are mainly directed toward police officers studying for promotion exams to the rank of Sergeant or Inspector. The purpose of the Manuals is ‘…to bridge the gap between the practical and theoretical worlds of policing, of law in practice and to the letter of the law’ (Connor, 2007:vii). This is achieved though providing the reader with an in-depth and wide-ranging account of the criminal law, which relates to Human Rights and the Police and Criminal Evidence (PACE) Act 1984 Codes of Practice.
The Crime Manual is divided
into fifteen sections. The sections can
be sub-divided into eight parts. The
first part of the Manual draws the reader’s attention to the basic elements of
what constitutes a criminal offence by discussing the concepts of Actus Reus
and Mens Rea. The second section
examines incomplete offences, general defences and homicide, whilst the third
discussion focuses upon drugs. The
forth part looks at offences against the person, including sexual offences and
the legislation governing child protection.
The next two sections discuss the laws of theft and fraud and criminal
damage. The penultimate chapter is
concerned with offences against the administration of justice, which offers the
reader a succinct account of issues such as perjury and wasting police time, inter alia. The final chapter is concerned with offences arising from
immigration, asylum and people exploitation, which looks at amongst other
things, the law relating to illegal entry, passport offences and suspected
international terrorists.
Each chapter in the Crime
Manual is structured to assist and provide the reader with an understanding of
the concepts, legislation and case law governing the different facets of
criminal law. This is supported by the
use of explanatory notes and key examples throughout the Manual. The chapters are also cross-referenced to the
other three Manuals in the series, that is: Evidence and Procedure; Road Policing;
and General Police Duties. This is
beneficial to the reader as it can broaden their understanding of the
theoretical elements of policing in relation to the aforesaid areas. The theoretical grounding of the Crime
Manual is supported by the Blackstone’s police question and answer book (Smart
and Watson, 2007). The purpose of the
book is to present the reader with an opportunity to put into practice the
theory of the Crime Manual by working through a different number of
scenarios. There are a maximum of
fifteen questions for each chapter of the Manual. The scenarios are well-written, clearly presented and offer the
reader a choice of possible answers.
The answers are discussed fully and reinforce and expand the main points
of the relevant chapters.
In summary, the Blackstone’s
Crime Manual and accompanying questions and answers book presents the reader
with an in-depth reference guide to criminal law. The Manual is considered to be important for police officers
studying for promotion exams. But, it
is also accessible for all police staff of different positions. However, the preface of the Crime Manual
highlights the concern that the guides have been regarded as ‘overcomplicated’
and ‘contain unnecessary detail’ (Connor, 2007:vii). The Manual does include a lot of information for the reader to
digest and in some parts the conciseness of the subject matter is lost, such as
in Section 1.2.6.2 (discussion on joint enterprise). But the scope of information provided is of value to the reader
as it can broaden their understanding and depth of criminal law. There are a number of criminal law books in
circulation that could offer the reader a basic grounding in the subject and
would also complement the subjects covered in the Manual (see: Martin, 2002;
Elliott and Quinn, 2005). Nonetheless,
the Crime Manual is an important text for all levels of police officers not
only as a study guide, but also as source of reference which draws together the
theoretical and practical elements of policing.
References:
Connor, P (2007) Blackstone’s Police Manual 2008, Volume 1: Crime. Oxford: Oxford University Press.
Elliott, C., and Quinn,
F. (2004) Criminal Law. Essex:
Pearson Education Limited.
Martin, J. (2002) Criminal Law. Essex:
Pearson Education Limited.
Smart, H., and Watson,
J. (2007) Blackstone's Police Q & A 2008, Crime. Oxford: Oxford University Press.
Faiza Qureshi
Review of General Police Duties
This hefty book has 531 A4
pages, 13 parts, 3 appendices and a good index. All the Blackstone's 2008
Police Manuals carry a foreword by Peter Neyroud QPM, Chief Constable and Chief
Executive of the National Policing Improvement Agency. As the size of this
volume indicates and as Peter Neyroud‘s foreword states: "The role of a police
officer has become more technical and more demanding over the last decades."
The topics covered range
from police powers, performance, human rights, community safety and general
policing duties. Of particular significance in this volume is Part 4.3 on human
rights and it can safely be said that no other book describes the Human Rights
Act (HRA) in relation to policing as this chapter does. This chapter bought to
mind the June 2007 ACPO-APO Annual Conference and the speech made by the Lord
Chancellor, Lord Falconer. http://www.justice.gov.uk/news/sp210607a.htm
Lord Falconer
spoke to chief police officers about the vital role they played in the criminal
justice system. He spoke about the need
for flexibility and reduced bureaucracy in the system. He said, "...Firstly, take the infamous Kentucky Fried
Chicken episode. He was referring to an incident involving
a suspected car
thief who brought the centre of Gloucester to a halt yesterday when he climbed
on to the roof of a house and began throwing bricks and tiles at police. But
what astonished passers-by was the sight of police officers supplying the man
with Kentucky Fried Chicken, soft drinks and cigarettes. See
http://www.timesonline.co.uk/tol/news/uk/article672492.ece
Times,
"Police roof suspect fed KFC", 7 June 2006. A
spokeswoman on behalf of the police is reported as saying, and I quote
'although he's a nuisance, we still have to look after his well-being and human
rights'. Two points here. Firstly, it
is utter nonsense that his human rights entitled him to KFC on the roof. This
was a purely operational matter for the police to decide, whether or not providing
him with food would bring about a peaceful and swift resolution to the
stand-off. Secondly, and significantly,
the incident was reported as the man receiving food because of his human rights..."
Part 4.3 gives full explanations of the derogations and reservation of the Human Rights Act 1998. The Human Rights Convention is explained, clearly showing how the HRA fits into this. The keynotes include an explanation of the protocols to the Convention and how a violation is proved.
Part 4.11 'Licensing
and offences relating to alcohol' is particularly well-written and the keynotes
are crisp and pointed. It is a joy to read. As an example, paragraph 4.11.9.15
is headed 'Failure to surrender items believed to be alcohol'. The offence
referred to is 'Failing to surrender alcohol - Confiscation of Alcohol (Young
Persons Act 1997, s 1(3)'. 'An Act to permit the
confiscation of intoxicating liquor held by or for use by young persons in
public and certain other places; and for connected purposes'. We are all
'wise' to the tricks of some teenagers loitering on the streets with cans of
soft drinks into which they have previously added Vodka, at least those of us
who watch "Nightwatch with Steve Scott" every night on ITV1!
Each and every chapter is
comprehensive and the keynotes are excellent.
It is of superb quality and content. In my opinion the content in this
volume is superior to the well-known weekly police magazine's exam notes. This volume is essential reading for all
officers and is a huge credit to this volume's authors Glenn Hutton and Gavin
McKinnon.
Sally Ramage
Blackstone's Police Q &
A 2008
Publisher's Title Information
Blackstone's Police Q&As 2008
Fully Updated For The 2008
Syllabus
Huw Smart
and John Watson, both serving police officers and qualified police trainers
100s of
Multiple Choice Questions designed to test even the best prepared promotion
exam candidate.
Questions
match the format of the exams - the perfect way to practice your technique
Published
annually with the Blackstone's Police Manuals-always completely up to date with
the police promotion examination syllabus.
Full
explanations of answers - highlights any gaps or weaknesses in your knowledge
Handy
paragraph references to the relevant Manual for ease of use Question checklist
included - so you can track your progress.
Blackstone's
Police Q&A: Crime 2008.
224 pp -
August 2007 978-0-19-922922-2 - £12.50 Paperback.
Blackstone's
Police Q&A: Evidence and Procedure 2008.
248 pp -
August 2007 978-0-19-922919-2 - £12.50 Paperback.
Blackstone's
Police Q&A: Road Policing 2008.
224 pp -
August 2007 978-0-19-922921-5 - £ 12.50 Paperback.
Blackstone's
Police Q&A: General Police Duties 2008 240 pp - August 2007
978-0-19-922920-8-£12.50 Paperback.
Four
Volume Set 2008 - 936 pp - August 2007 978-0-19-922918-5 £48.00 -
Paperback Please note these products are not endorsed
by NPIA.
Previous Reviews
"They
area must for any staff member involved in learning in the police
service."
David
Morgan,Training Officer, Dyfed Powys Police.
"Well
structured and balanc....I would recommend them to all candidates."
Rob Jerrard, Police Journal & "Internet Law Book Reviews" www.rjerrard.co.uk\law\policela\policela.htm
Crime By Huw Smart & John
Watson ISBN 0-19-920336-9
Oxford University Press Price: £12.50 Publication Date Sept 2007 This book relates to
the Sergeants' and Inspectors' Part 1 promotion examinations. It is one of four
books in this series, the others being 'Evidence & Procedure', 'Road
Policing' and 'General Police Duties'. The twelve topics covered in
this volume on CRIME are the same twelve covered for the CRIME subject in the
Blackstone’s Police series. These topics are- State of mind and Criminal
Conduct; Incomplete Offences and Police Investigations; General Offences;
Homicide; Misuse of Drugs; Offences Against the Person; Sexual Offences; Child
Protection; Offences Amounting to Dishonesty, Deception and Fraud; Criminal
Damage; Offences Against the Administration of Justice and Public Interest and
Offences Arising from Immigration, Asylum and People Exploitation. The authors maintain that Q
and A books are not easy to write, nor are they an easy examination option. I
can honestly vouch for that. With Q & As, one has to have a very good
knowledge of the subject before one can decide which answer is correct. On the
face of it, the multiple-choice answers might look similar but there are
distinct differences, which can only be spotted if one knows the subject
thoroughly. This series, like the Police
Inspectors’ Series, uses the First and Second Attempt method of answering,
giving oneself vital progress feedback. Brief answers are to be found at the
end of each chapter. The authors have a good sense
of humour and the questions, despite their serious nature, are apt to make one
smile. For example, the very first question in the book, on state of mind and
criminal conduct, states: "Lawrence hates his wife and
plans to kill her. He intends to cut her throat on Tuesday morning whilst she
is asleep. On Monday, Lawrence picks his wife up from work and is driving home;
he is deep in thought about the following day’s planned action. Owing to his
inattentiveness, Lawrence drives through a red light and his car is struck on
his wife’s side. She dies as a result of the accident. Could Lawrence be guilty
of murder in these circumstances?" A. Yes, as he has achieved his
desired outcome. B. Yes, as he was thinking
about the murder at the time of the accident. C. No, he cannot be guilty of
murder in these circumstances. D. No, but he could be guilty
of manslaughter. Though not contending the
seriousness of the subject, one must admit that it is rather a grim 'take' on
crime, plunging one straight into the deep end, so to speak. But here is the rub. Part of
the answer states: "Murder is a crime of specific intent and requires a
specific mens rea". To illustrate the book’s
strategy, using this same Q&A, let’s just unpack these multiple choice
answers: A- Lawrence’s planned outcome
is the death of his wife by murder. The accident brings about his wife’s death,
but an accident is not murder. So A must be incorrect. B- At the time of the accident
on Monday, Lawrence was thinking about the planned murder that would take place
on Tuesday. He was not thinking of murdering her there and then though crashing
his car. So B must be incorrect. C- C is the correct answer. For
this scenario to be a murder scenario, Lawrence must have the mens rea to kill
her by crashing the car. But it was an accident. There was no specific intent
to kill his wife by crashing his car. D-He could not be guilty of
manslaughter because manslaughter requires a specific mens rea. Each question in the book
concentrates on a specific point. The questions are not, for the purpose of
these examinations, intended to be overly probing, although one might hazard a
guess that each and every question can make for a university level police law
essay and so, in the case of question 1.1 above, the essay might begin with the
origins of the term mens rea, being from the saying "actus non facit reum nisi
mens sit rea" , or, "an act does not make a man guilty of a crime unless his
mind is also guilty". This book is fit for purpose
and its objective is for the officer to pass his/her examination - and to whet
the appetite for further reading. Sally Ramage Oxford Dictionary of Law
Enforcement Edition: 1st Authors: Graham Gooch &
Michael Williams ISBN: 0-19-280702-1 Price: £10.99 Publication Date: 23rd
August 2007 Publisher’s Title
Information The only
available dictionary focusing on UK law enforcement terms Over 3,400
entries cover law, pathology, forensic medicine, accountancy, insurance,
shipping, commerce and trade, criminology and psychology Targets the terms used on criminology, criminal justice, and police
studies courses
Contains
citations where appropriate, and references to statutes and legislation Fully
cross-referenced for ease of use A Dictionary of Law Enforcement is the only dictionary available with a primary focus on
UK law enforcement terms. Succinct and practical in its approach, it contains
over 3,400 entries covering ever aspect of this diverse field, including
terms related to law, pathology, forensic medicine, accountancy, insurance,
shipping, commerce and trade, criminology, and psychology. Entries are
supported by a wealth of practical information, including (where appropriate)
citations and references to statutes and legislation. Suggested
Readership: Students of criminology, criminal justice, and police studies
courses, trainee and practising police officers, other professionals needing
criminal law definitions, the general reader with an interest in criminal law. Computer Crimes and Digital
Investigations Edition: 1st Author: Ian Walden ISBN: 978-0-19-929098-7 Price: £75.00 (hardback) Publication Date: 1 March 2007 Publisher’s
Title Information Provides a comprehensive legal analysis of the substantive
and procedural rules relating to computer crime Offers a clear
explanation of the relevant technical aspects of computer crime Combines
detailed analysis with extensive case referencing and practical examples Places computer
crime within its international context, examining international harmonisation
initiatives and mechanisms for co-operation between law enforcement bodies Computer and
network-based crime is a rapidly growing phenomenon and problem for
individuals, organisations and society as a whole, whether in the form of
viruses or the distribution of child pornography. Following September 11th
2001, the horrific terrorism attacks on the London transport system in July
2005, and the threat of further attack through chemical and biological
weapons, there is a broad governmental recognition of the vulnerability of
society to attacks against critical infrastructure, which includes computer
and communications systems. As a consequence, governments have placed
computer crime laws high on the political agenda. Readership: The Author Ian
Walden, Reader
in Information and Communications Law and Head of Computer and Communications
Law in the Centre for Commercial Studies, Queen Mary, University of London Ian Walden’s book, "Computer
Crimes and Digital Investigations" is a 600-page scholarly law book on the
subject of Intellectual Property Law, Expert Evidence, Computer Law and
Criminal Law. The book contains seven
chapters, namely, an introduction to the subject; from Computer Abuse to
Cybercrime; Committing Crimes; Substantive Offences, Addressing the Data
Problems; Cyber-Forensics and Criminal Procedure, International Aspects;
Jurisdiction and Harmonization, Evidential Issues; Presenting Data, and
Computer Crimes and Digital Investigations.
There are also 4 appendixes.
Appendix IV is the ACPO Good Practice Guide for Computer based
Electronic Evidence with some excellent flow charts of ‘Best Practice for the
Seizure of Electronic Evidence’. It
includes the laws of the United Kingdom, Australia, Canada, France, Hong Kong,
New Zealand and the United States. Walden cites 256 United
Kingdom cases, a surprising amount, which means that this subject of computer
crime is more mature than is generally thought. It is pleasing to see that the
United Kingdom is not being left behind in this sector of law and there are
various statutes referred to in the book, among them, the British
Telecommunications Act 1981; Computer Misuse Act 1990; Anti -Terrorism, Crime
and Security Act 2001; Sexual Offences Act 2003; Copyright and Related
Regulations 2003; the Wireless Telegraphy Regulations 2003; The Serious
Organised Crime and Police Act 2005; Companies Act 2006; Fraud Act 2006;
Identity Cards Act 2006; and Police and Justice Act 2006; The book examines the
criminal code in relation to computer-related crimes. It deals with computer integrity offences;
criminal procedure regarding the investigation of enforcement agencies using
computers and the law of evidence which
Walden compares with other countries’ laws of evidence and International
instruments such as the 1996 UNCITRAL Model Law on Electronic Commerce and the
1996 WIPO Copyright Treaty. Walden explains
content-related crimes at length and says that when considering content-related
crimes, acts carried out in relation to certain subject matter need to be
distinguished from the subject matter itself.
He warns against glibly classifying certain subject matter as illegal.
He states that illegality depends on questions of causation. He explains that
there are three categories of content-related crimes: intellectual property,
pornography and communications crimes. Then there are computer
integrity offences such as hacking and distributing viruses. He calls these
computer integrity offences, offences of access, modification and interception.
As to interception, Walden explains how the Regulation of Investigatory Powers
Act works and describes two offences under this Act, these being the offence of
intentionally intercepting communication without lawful authority, using public
and private communications systems, both offences carrying prison
sentences. As to terrorism, the author
explains why patterns created by the communications of criminal and terrorist
networks in cyberspace is so extremely valuable to law enforcement agencies. In
this very complex subject of data
retention, the author explains why there is the distinction between
interception of content of a communication and the attributes of a
communication session itself, such as identity and location. The differences
are important when considering any breaches of people’s privacy, although
international legal instruments do not recognise any difference between the
content of a person’s communications and its attributes. Professor Walden has
deep knowledge of his subject and as an instance, he states that The European
Convention on Human Rights uses the term, 'correspondence' and not
'communication'. The author also discusses
evidence and examines the legal framework which governs computer-derived
evidence in English criminal proceedings. Although there is pre-trial
disclosure of computer evidence, the author states that, as regards ‘sensitive
materials, defined as "that which the prosecution considers should not be
disclosed to the defence because it would constitute a real risk of serious
prejudice to an important public interest", the prosecution do not have to
produce sensitive computer evidence to the defence because "the entitlement to
disclosure of relevant evidence is not an absolute right". (See Edwards and Lewis v UK [2005] 40 EHRR
24, at para 53). The final chapter reviews
the previous chapters, the changing landscape of evidence, and governments’
policy-making as regards the Internet Professor Walden concludes that
cyberspace needs effective policing and is dependent on the intermediaries
through whom "we obtain access to the Internet". Controlling content over the
Internet will be the cyber-policing problem for years to come, Professor Walden
states. Sally Ramage The Grammar of Criminal Law Edition: 1st Author: George P Fletcter ISBN: 978-0-19-510310-6 Publishers: Oxford
University Press Price: £32.99 (hardback) Publication Date: 7 June 2007 Publisher’s Title
Information Written by the
author of the influential Rethinking Criminal Law Addresses
issues of international concern since 9/11 Presents
original and provocative arguments destined to be highly debated Essential
reference work on international criminal law Recent years have seen a significant shift in international
thinking about the use of criminal law, yet until now little has been written
that tackles both traditional criminal law and the international uses of the
new millennium. The
Grammar of Criminal Law will be
a three-volume work that addresses the field of international and comparative
law, focusing on issues of international concern, ranging from genocide to
domestic efforts to combat terrorism, torture, and other international crimes.
This first volume is devoted to foundational issues. George P Fletcher contends
that the future of criminal law reform throughout the world depends both on the
influence of the Rome Statute, which established the International Criminal
Court, and on a synthesis of the basic principles underlying the leading legal
systems of the world. Fletcher's comparative synthesis is grounded in three
concepts that underlie all systems of criminal law: human action, punishment,
and guilt. These are tied together by the concept of wrongdoing, which is
central to the basic structure of crime and punishment. It represents the
response to two
basic questions: What makes offenders guilty? What makes their actions
punishable? Fletcher goes on to develop the relevance of both political and
moral theory for the proper analysis of criminal law. In the theory of criminal
law, he argues, the theory of state must precede all inquiries into moral
theory. It is precisely a particular theory of the state that determines which
moral theories are relevant to wrongdoing, guilt, and punishment. Virtually all
legal philosophers-following Dworkin's lead-confound political analysis and
appeal directly to moral arguments, and moreover, most retributive theorists
skip the political analysis
and appeal directly to moral arguments. Fletcher takes on these competing
views, arguing that a direct appeal to moral arguments in the law is
impermissible without first justifying the use of state power in punishing
criminals. The
Grammar of Criminal Law is unique
in its systematic emphasis on the relationship between language and legal
theory. Written in the spirit of Fletcher's classic Rethinking Criminal Law, this work is essential reading in the fields of
international law, legal philosophy, and criminal law. The
Author George P Fletcher is Cardozo Professor of Jurisprudence at Columbia
University. He is the most frequently cited author on criminal law in the
United States. Reviewer
Wanted Would you be interested in
reviewing this book? (The Book Above) If you are interested in providing a review in about 600/800 words within 3 months or sooner then please contact me by e-mail at robjerrard@aol.com providing a small CV and your interest in this particular book. I do ask reviewers to agree to review within 3 months and pay the postage, books not reviewed should be returned. I am looking for a positive commitment. For an indication of what is
required please see this site, which contains hundreds of examples. "Internet Law book Reviews" which currently attracts up to 1,200 visitors per day welcomes all categories of reviewers. Blackstone’s Police
Investigators' Q&A 2007 Edition: 2007 Author: Paul Conner ISBN: 978-0-19-920731-2 Price: £15.99 Publication Date: 9 November 2006 Publisher’s Title
Information Contains a
full range of over 200 practice multiple-choice questions which mirror the Blackstone's Police Investigators' Manual 2007 content, enabling officers to use the book as an
effective learning tool Updated to
include coverage of new legislation including the Serious Organised Crime and
Police Act 2005 (SOCPA), the updates to the PACE Codes of Practice, the Drugs
Act 2005 and the Terrorism Act 2006 Assists
students in highlighting any gaps or weaknesses in their knowledge by
providing a full explanation of the answers Contains
useful exam preparation technique chapters which train students for the exam
situation Written by an
experienced and highly successful question writer Blackstone's Police Investigators' Q&A 2007 consists of over 200 multiple-choice questions designed
to test trainee investigators studying for the National Investigators'
Examination (NIE). The Q&As are arranged in the same order as the
chapters in the Blackstone's Police Investigators' Manual 2007 s o as to aid learning and check understanding. This book
also contains a useful section on how to study for the NIE, including advice
on how to approach multiple-choice questions and useful exam techniques. All
the multiple-choice questions contain answers with detailed explanations and
references back to the Investigators' Manual . Review(s) from
previous edition: 'The book is I
believe the first port of call for any trainee investigator studying for their
exam.' - Detective Sergeant Phil Stokoe, NCPE, Investigative Skills 'It is a first
class book that I thoroughly recommend.' - Detective Chief Inspector Tim
Raymond, Essex Police 'I have spoken
to officers who had used this book last year for the exam and all without fail
stated it was a fine tool, which was easy to use. It was very convenient in
size and user-friendly. By using it I have improved my knowledge and that of my
team. To sum up this book is a great aid; easy to work with and user-friendly.
I am confident that those who were successful this year will recommend the 2006
Edition to their fellow officers.' - DS Paul Cheadle, Metropolitan Police, in the review at "Internet Law Book Reviews",SEE Below 2005 review Readership Primary market
is trainee investigators taking the National Investigators' Exam (NIE) and CID
training departments directly connected with the NIE. Secondary market is
general training departments, CID departments, police forces and associated
organisations. Also officers studying
for the Part 1 of the Sergeants and Inspectors examinations will find this
useful for extra practice. Review of 2005 Edition I had my mind set for a Q & A session, but found
myself in the middle of chapter one enthralled with the information of how it
works and best practice backed up with evidence to prove the point. On reflection, the first 23 pages of the
whole book are the most crucial. These
cover, "Revising for the NIE" and
"Taking the NIE". By the time officers have
obtained this book, they have probably studied the course work and are not
interested in reading more, but wish to test their knowledge, especially, if it
has been some time since they last studied.
I would like to see the emphasis put throughout the book, on referring
students to the first chapter to ensure they have absorbed its content. The Q & A section I
found well laid out and thought through.
I particularly liked the grading system and the fact that the answers
were at the back of each chapter and not at the back of the book. I have spoken to officers
who had used this book last year for the exam and all without fail stated it
was a fine tool, which was easy to use.
It was very convenient in size and user-friendly. By using it I have improved my knowledge and
that of my team. To sum up this book is a
great aid; easy to work with and user-friendly. I am confident that those who were successful this year will
recommend the 2006 Edition to their fellow officers. Paul Cheadle, Metropolitan
Police Reviewer
Wanted Would you be interested in
reviewing this book? (The Book Above) If you are interested in providing a review in about 600/800 words within 3 months or sooner then please contact me by e-mail at robjerrard@aol.com providing a small CV and your interest in this particular book. I do ask reviewers to agree to review within 3 months and pay the postage, books not reviewed should be returned. I am looking for a positive commitment. For an indication of what is
required please see this site, which contains hundreds of examples. "Internet Law book Reviews" which currently attracts up to 1,200 visitors per day welcomes all categories of reviewers. Blackstone’s Guide to The Human Rights Act 1998 Edition: 4th Edition Series: Blackstone's Guide Series Author: John Wadham, Helen Mountfield, Anna Edmundson & Caoilfhionn
Gallagher ISBN: 978-0-19-929957-7 Publishers: Oxford University Press Price £34.95 Publication Date: 29 March 2007 Publisher’s Title Description Provides a clear and concise explanation of how the Human
Rights Act has been applied Outlines the scope of the Convention articles and highlights key
domestic cases on relevant rights Summarises the interpretative techniques that lawyers need
to understand Written by leading experts in the field Details further sources for research on domestic and
Strasbourg human rights jurisprudence Contains full copies of the Human Rights Act 1998, the
European Convention on Human Rights, and the EU Charter of Fundamental Rights Analyses the impact of Convention rights in landmark
judgments from areas such as constitutional law, discrimination law and
criminal law Explains how the UK courts are exercising their
interpretative obligation to read legislation compatibly with Convention rights Examines the notion of 'judicial deference' and how it has
been applied in key cases Maps the beginnings of a divergence in approach between the
UK and Strasbourg Courts to human rights protection Contents 1. Introduction
2. The Framework of the European Convention on Human Rights 3. The Framework of the Human Rights Act 1998 4. The Operation of the Human Rights Act 1998 5. Bringing a Claim under the Human Rights Act 1998 6. Human Rights Act 1998 Remedies for Breaches of Convention Rights 7. The Interaction between Convention Principles and European Union
Law 8. Convention Rights and the Human Rights Act 1998 9. When Rights have not been Brought Home: Taking a Case to
Strasbourg 10. Researching Human Rights Jurisprudence Appendix 1 - The Human Rights Act 1998 Appendix 2 - The Government's White Paper Appendix 3 - Extracts from Hansard Appendix 4 - European Convention for the Protection of
Fundamental Rights and Freedoms
Appendix 5 - Charter of Fundamental Rights of the European Union Appendix 6 - Selected Extracts from Equality Act 2006 Reviewer
Wanted Would you be interested in
reviewing this book? (The Book Above) If you are interested in providing a review in about 600/800 words within 3 months or sooner then please contact me by e-mail at robjerrard@aol.com providing a small CV and your interest in this particular book. I do ask reviewers to agree to review within 3 months and pay the postage, books not reviewed should be returned. I am looking for a positive commitment. For an indication of what is
required please see this site, which contains hundreds of examples. "Internet Law book Reviews" which currently attracts up to 1,200 visitors per day welcomes all categories of reviewers. The Proceeds of Crime Law and Practice of Restraint, Confiscation, Condemnation and Forfeiture Edition: 2nd 2007 Authors: Trevor Millington & Mark Sutherland Williams ISBN: 10: 0-19-929864-5 Price £95 HB Publisher's Title Description Comprehensive and authoritative coverage of the law of asset
forfeiture, including civil and criminal procedure Step-by-step, practical guide to confiscation hearings under the DTA,
CJA and POCA, enforcements, appeals, and the role of the Assets Recovery Agency Expert analysis of recent decisions, like Capewell and Jennings , and legislative changes
such as the Criminal Procedure Rules 2005 and SOCPA 2005 Clear layout and extensive cross-referencing to promote ease of use New chapters on condemnation law (bootlegging), property freezing
orders and restoration hearings before the VAT and Duties Tribunal Updated coverage on disclosure of suspicious transactions Includes precedents for
drafting restraint, receivership, and other orders New to this Edition Completely updated to include recent case law, the Criminal Procedure
Rules 2005, and the changes made to POCA by the Serious Organised Crime and
Police Act 2005 New chapters on freezing orders and condemnation are included Updated coverage on disclosure of suspicious transactions for
professionals In-depth study on condemnation law and bootlegging The Proceeds of Crime second
edition introduces the reader to the complexities of the proceeds of crime and
asset recovery legislation in both a user-friendly and step-by-step way. This
portable and easily navigable book provides the reader with a clear insight
into every stage of assisting the client from restraint to confiscation and how
to apply for a Certificate of Inadequacy and what powers enforcement
authorities have to enforce orders, particularly the appointment of receivers. Contents 1. Setting the Scene 2. Restraint and Charging Orders under the DTA and CJA 3. Management Receivers under the DTA and CJA 4. Ancillary Orders: Seizure, Disclosure and Repatriation of Assets 5. Applications to Vary or Discharge Restraint Orders made under the
DTA and CJA 6. Enforcement of Restraint and Receivership Orders: Contempt of
Court 7. Practice and Procedure in the High Court: DTA and CJA Cases 8. Restraint and Receivership under the Proceeds of Crime Act 2002 9. Preparing for Confiscation Hearings under the DTA 10. The DTA Confiscation Hearing 11. Preparing for Confiscation Hearings under the CJA 12. The CJA Confiscation Hearing 13. Variations to Confiscation Orders under the DTA and CJA 14. Preparing for Confiscation Hearings under POCA 15. The POCA Confiscation Hearing 16. Reconsideration of Confiscation Orders under POCA and the
Defendant who Absconds 17. Enforcement of Confiscation Orders under the CJA, the DTA and POCA 18. The Insolvent Defendant 19. Civil Recovery: Property Freezing Orders; Interim Receivers and
Legal Expenses 20. Civil Recovery: Recovery Orders; Pensions and the ECHR 21. Recovery and Seizure of Cash under POCA 22. Third Parties and Confiscation Law 23. Investigations 24. Appeals 25. The International Element 26. Money Laundering 27. Disclosure of Suspicious Transactions 28. Costs and Compensation 29. Condemnation and Restoration APPENDICES: Draft Orders, Letters, and Prescribed Forms etc. Appendix 1 - RESTRAINT ORDER Appendix 2 - MANAGEMENT RECEIVERSHIP ORDER Appendix 3 - ENFORCEMENT RECEIVERSHIP ORDER Appendix 4 - LETTER OF AGREEMENT BETWEEN PROSECUTOR AND RECEIVER Appendix 5 - VARIATION OF RESTRAINT ORDER Appendix 6 - LSC FUNDING ARRANGEMENTS Appendix 7 - APPLICATION NOTICE BY DEFENDANT SEEKING CERTIFICATE
OF INADEQUACY Appendix 8 - CERTIFICATE OF INADEQUACY Appendix 9 - CLAIM FORM (CPR PART 8) Appendix 10 - EXTRACT FROM CIVIL RECOVERY PRACTICE DIRECTION:
PARTS 5 AND 8 - SECTION III Appendix 11 - EXTRACT FROM CIVIL RECOVERY PRACTICE DIRECTION:
PARTS 5 AND 8 - SECTION IV Appendix 12 - SCHEDULE 6 TO POCA Appendix 13 - DRAFT RESTRAINT, DISCLOSURE AND REPATRIATION ORDER
UNDER POCA Appendix 14 - CERTIFICATE OF SERVICE Appendix 15 - INTERIM RECEIVING ORDER UNDER S 246 OF POCA Appendix 16 - USEFUL WEBSITES ON POCA 2002 Appendix 17 - PROPERTY FREEZING ORDER Appendix 18 - CIVIL RECOVERY BY CONSENT ORDER Appendix 19 - SC GUIDANCE ON CIVIL RECOVERY Appendix 20 - SCHEDULE 3 OF THE CUSTOMS AND EXCISE MANAGEMENT ACT
1979 Appendix 21 - ARA: SETTLEMENT OF CIVIL RECOVERY AND TAX CASES Appendix 22 - SECRETARY OF STATES GUIDANCE TO ARA Review(s) from previous edition: "...by far the best book on the subject"' - Henry Milner,
Solicitor and Partner, Henry Milner & Co "...an essential and invaluable text..."' - Criminal Bar
Association News '"not only an invaluable introduction to the area, but also a
continued source of practical assistance"' - New Law Journal "...simply indispensable to anyone concerned with the criminal
law"' - Justice of the Peace Blackstone’s Guide to The Fraud Act 2006 Edition: 1st Authors: Simon Farrell, Nicholas Yeo & Guy Ladenburg ISBN: 0-19-929624-3 Price £34.95 Publication Date: 29 March 2007 Publisher’s Title Description Places new offences including those of obtaining services
dishonestly and of the act of possessing or making material for use in frauds,
in the context of previous law Structured in a clear and accessible way, with narrative
logically following the structure of the Act Lucid commentary on the effect of the new legislation, and
guidance on its likely impact and interpretation in practice Contains full text of the Fraud Act 2006 The Blackstone's Guide
Series delivers concise and accessible books covering the latest legislative
changes and amendments. Published
within weeks of the Act, they offer expert commentary by leading names on the
effects, extent and scope of the legislation, plus a full copy of the Act
itself. They offer a cost-effective
solution to key information needs and are the perfect companion for any
practitioner needing to get up to speed with the latest changes. The Fraud Act
2006, which came into force 15 January 2007, is an important new statute which
creates new offences of fraud that can be committed in three ways. Because all
deception offences under the Theft Acts of 1968 and 1978 are abolished, with
dishonesty being more important than the mind of the victim, it is vitally
important for all those involved in the day to day criminal law to be fully
aware of its contents. For that reason
this book is a very good guide, which in addition to covering the law, old and
new, also provides the statute in full along with other germane statutes,
Reports of Royal Commissions and related matters such as Protocol’s issued by
the Lord Chief Justice. Appendix 6 lists
other fraud legislation viz, the Theft Acts 1968 and 1978, Forgery &
Counterfeiting Act 1981, Copyright Design & Patents Acts 1988, Computer
Misuse Act 1990, Social Security Administration Act 1992, Criminal Justice Act
1993, Trademarks Act 1994, Value Added Tax Act 1994, Financial Services and
Markets Act 2000 and Proceeds of Crime Act 2002. Appendix 9 lists
sample indictments, which may assist Prosecutors and Custody Sergeants to write
up the charge. The book covers
much of the law and discussions very succinctly. There is a great deal to cover with such a complex subject as
fraud. Prosecutors and Police who have
lived with the problem of the ‘deception’ offences under the Theft Acts for
decades will recognise a good deal as the authors discuss the pre 1968 position
with cases such as 'Preddy' and 'Gomez', minds will be cast back to the hours
spent reading 'Ellemes', 'Hinks', 'AG’s Reference No 1 of 1985', the 'Ghosh
test for dishonesty' and the words subjective and objective, 'Oxford v Moss'
and 'Dura', 'Childs' and 'Lambie' and the taxi and restaurant cases that
stretched our minds and the law! The book
correctly provides a good introduction to the subject by taking the reader
through the main provisions first, with the discussion with the divers reasons
behind the new fraud law. This
includes the Fraud Review of July 2006, the UK International obligations, the
extent of the fraud problem, the pre 1968 jurisprudence and of course problems
with the Theft Act 1968. It was necessary
to discuss briefly the old Larceny Act and how courts circumvented problems by
a series of illogical and ingenious interventions by the judiciary and by
piecemeal statutory reform. In those
days we had such offences as obtaining property by false pretences,
embezzlement, fraudulent conversion, larceny by bailee, obtaining credit by
fraud and false accounting - all offences which my Instructors in 1968
delighted in referring to as we struggled to learn the new Theft Act. "You people are so lucky, we had to
deal with such matters as":- Larceny Bailee Being the Bailee of........ (specify), together of the value of........ (amount), the goods of........ (name), did feloniously convert them to his own
use, at........ (place), Parish of........ (name). (24 and 25 Vict., c. 96, s. 3, 68, 80.) What these Instructors could not know is we would have to deal with,
inter alia, s. 16(2)(a) of the Theft Act 1968, which was eventually described
as 'a judicial nightmare' (Royle [1971] 1 WLR 1764 per Edmund Davies LJ). Having set the
scene in Chapter 1 by either triggering the memory or conveying to the reader
the old law and the reasons for the new, the rest of the book takes us through
the new Fraud Act starting with the new fraud offences. S1 -Fraud S2 -Fraud by false representation S3 -Fraud by failing to disclose information S4 -Fraud by abuse of position S5 -'Gain' and 'loss' defined (Nothing new
here) S6 -Possession of articles for use in fraud S7 -Making or supplying of articles for use
in fraud S8 -Articles defined S9 -Participating in fraudulent business
carried on by a sole trader S10 -Participating in fraudulent business by a
company S11 -Obtaining services dishonestly (Note the
absence of the word ‘deception’) S12 -Liability of company officers for
offences by company Schedule 1 lists
all minor and consequential amendments and all the old familiar sections of
S15, 15A, 16, 20(2) and those of the 1978 Act beloved of examiners have
gone. However still with us is S3 of
the Theft Act 1978, 'Making off without payment' ('Bilking' as it is
known). The reasons given for this
offence are to be found in the Criminal Law Revision Committees’ 13th
Report, paras 19 and 20. This still
leaves the problem of when did the ownership of the goods pass. Also preserved are the offences of False
Accounting S17, Liability for Company Directors S18, False Statements by
Company Directors and Dishonest Destruction of Documents. Possibly as
important as the new Act will be the fraud management and the future of fraud
trials, which is covered in Chapter 9. This book
represents a reasonably sound investment for any practitioner or Police officer
wishing to learn the new Act in sufficient detail to tackle day-to-day tasks. Rob Jerrard Fraud is a socio-legal concept of much complexity.
Fraud, like all crime, is a result of a combination of psychological and
sociological factors. Although the word "fraud" has
been in use for centuries, there has never before been a legal definition of
'fraud' in English law. English offences of fraud are found in various Acts and
were thus recognised by the Home Office. The Law Commission, Report No.276, Cm
5560 (2002), suggested bringing all such offences under an umbrella offence of
fraud and now there is the UK Fraud Act 2006. Section 1 of the Fraud Act creates an
offence of fraud if committed by a person who breaches sections 2, 3, or 4.
Section 2 deals with fraud by false representation, section 3 deals with fraud
by failing to disclose information and section 4 deals with fraud by abuse of
position. One example of potential
complexity is the issue of fraudulent trading which is defined in the Companies
Act 2006, section 993 and the Insolvency Act 1986, sections 213 and 357. The reader is told that although the Fraud
Act 2006 is a major change in the law, there are already many current legal
“weapons” for prosecuting fraud that remain in UK, legislation such as: Value
Added Tax Act 1994, specifically dealing with tax evasion; Criminal Justice Act
1993 - dealing with insider dealing, Theft Act 1968 - dealing with false accounting; Financial Services and
Markets Act 2000 dealing with
misleading market practices and Companies Act 2006 - dealing with fraudulent trading. Chapter 3,
tackling agreements to commit fraud, deals mostly with the mens rea in
conspiracy and the mens rea in fraud conspiracies. Regarding mens rea of fraud
offences, there is a two-way test for dishonesty- dishonesty by the ordinary
standards of reasonable and honest people and where this is so, whether the
defendant was aware that his conduct would be regarded as dishonest by
reasonable and honest people. The accused must intend to make a gain for
himself or another; to cause loss to another or to expose another to a risk of
loss though gain or loss need not ensue and such gain or loss extends only to gain or loss in money or
other property, property being real or personal. As to false
representation fraud as per section 2(1) of Fraud Act 2006, the actus reus is
the making of a false representation.
Section 2(3) Fraud Act defines a representation as any representation as
to fact or law, including a representation as to the state of mind of the
person making the representation or any other person. So the representation can
be express or implied by conduct and therefore possible by omission, whether
there is a duty to speak or not and section 2(5) provides that a representation
may be regarded as made, if it is submitted on any form to any system or device
designed to receive, convey or respond to communications with or without human
intervention. Section 3 Fraud
Act covers silence or fraud by failing to disclose information. Moreover, “false representation” are the
words used in the Fraud Act rather than misrepresentation”. The mens rea for false representation is
that the defendant knew the representation was untrue or might be untrue or
that it was misleading or might be misleading, with intent to gain or cause
loss dishonestly. Chapter 9 is concerned with fraud management and the future of
fraud trials including the Fraud Protocol of March 2005. Only a few books have been published on
the Fraud Act 2006 and for this reason, this book by Farrell et al is
compulsory reading for all criminal lawyers. Sally Ramage Interviewing
Children about Sexual Abuse Author: Kathleen
Coulborn Faller ISBN-10:
0-19-531177-9 Publishers:
Oxford University Press Price £19.99 Publication Date:
25 January 2007 Publisher’s
Title Information The only book on
interviewing children about sexual abuse that has a critical review of the
literature Not a
"how-to" book but rather a resource to aid professionals in
determining the best practices for interviewing children Makes what is
often a "hot-button" subject, and one that people find hard and
unpleasant to deal with, seem more rational and manageable Interviewing
children who may been sexually abused is a daunting task fraught with
far-reaching consequences for the children, families, institutions, and
professionals involved. With no room for error, forensic and clinical
interviewers must navigate the complex and often contradictory evidence that
informs their decision making. Readership:
service providers who are involved in child interviewing and assessment --
health care professionals, child protection workers, law enforcement personnel,
and prosecutors -- with particular relevance for social workers and mental
health professionals who have had little forensic training. Contents 1. Forensic and Clinical Interviewer Roles in Child Sexual Abuse 2. Children's Memory and Suggestibility 3. Models for Assessing Child Sexual Abuse 4. Interviewer Objectivity and Allegations of Sexual Abuse 5. Number of Child Interviews 6. Documentation of the Interview 7. Interview Structure, Protocol, or Guidelines 8. Questioning Techniques 9. Media for Interviewing Children 10. Special Considerations for Cases Involving Young Children 11. Interviewing Children with Special Needs 12. Conducting Culturally Competent Sexual Abuse Interviews with
Children from Diverse Racial, Cultural, and Socio-Economic Backgrounds 13. Children Who Do Not Want to Disclose 14. False Allegations of Sexual Abuse 15. Standardized Tests and Measures 16. Criteria for Deciding about the Likelihood of Sexual Abuse 17. Formulating Conclusions about Sexual Abuse The Author Kathleen
Coulborn Faller, Professor of Social Work and Director of the Family Assessment
Clinic, University of Michigan This book, co-written by a group of American social workers and child psychiatrists with considerable experience and expertise in working with child victims of sexual abuse, will surely establish itself as a
must-have for all those necessarily engaged in interviewing children who
disclose abuse. Although the authors - all past or present key members of the
American Professional Society on the Abuse of Children - operate in a different
jurisdiction, the information and guidance offered is just as relevant and
informative to those working in the UK and draws as strongly on UK based
research and practice as it does on North American studies. Utilising their
experience and knowledge, the aim of the book is to better prepare and inform
professionals about the continuing controversial and contested issues that they
are likely to face, when working with cases of child sexual abuse, in order to
better equip them to make adequate assessments about the actuality of sexual
abuse and to defend the professional decisions they make. The text effectively
delivers this objective by drawing on a comprehensive combination of academic
and professional sources including commentary, critical evaluation of research
studies, best practice policies and guidelines, and clinical opinion. In
particular all the authors present an interesting and extensive comparative
review of the prevailing empirical research and field studies undertaken
relevant in the subject area of their chapter, highlighting the salient
advantages and disadvantages of the methodology adopted and conclusions drawn. The book covers 17
'knowledge areas', one per chapter, each relating to different aspects relevant
to the assessment of children for possible sexual abuse, offering advice on how
to communicate with and interview such children, and identifying strategies and
understandings to help minimize the potential for any legal challenges founded
on the basis of the reliability and integrity of any pre-trial interviews. This
not only gives some indication of the complexity of issues and sensitivities
involved, which anyone with experience of such cases will be only too
consciously aware, in undertaking interviews with children where often both
forensic and clinical objectives need to be satisfied and fulfilled
contemporaneously. The authors present an extremely comprehensive and pragmatic
review of the current thinking, information, practice guidelines and strategies
operating within their field, covering the fundamental issues and questions
that child abuse professionals need to be fully cognizant of. For example, who
should conduct such interviews, how, when, where, and what individual factors
and sensitivities should be taken into
account, both in respect of the children themselves and also in maintaining
their role as objective professionals. Each chapter focuses on a
particular aspect of the interview process starting in the first four chapters
with the distinction between forensic and clinical objectives and the problems
that may present, the role and objectivity of the interviewers and how this can
be best achieved, and the influence of childhood memory and suggestibility in
terms of reliability. The combination of these opening chapters in effect deals
with the initial planning stages of organising the interview and highlights the
advantages and disadvantages of the type of approach and model to be utilized;
the options reviewed include the child interview model, joint investigation
model, parent-child interaction and comprehensive assessment model. In terms of
interviewer objectivity, comparisons are drawn between the three different
approaches that child care professionals tend to adopt; a believing stance, a
neutral stance and a sceptical stance, Not surprisingly, research tends to
confirm that legal professionals are more likely to adopt a sceptical stance than
mental health professionals and that law enforcement officers are more
persuaded by visual representations acted out by the child using facilitating
media. The approach throughout the book however, is not to single out
particular professionals and professional practices for criticism, but more
constructively to allow the reader to make their own judgements and decisions
on how to proceed and conduct interviews in conjunction with the observations
and critiques presented. The next eight chapters then
deal with the practical delivery of the interview including structure, protocol
guidelines, reporting and documentation, and questioning techniques. While the
use of open questions is confirmed, different opinions are presented about the
types of preferred questions that might be used depending on the level of
disclosure. The criteria to be considered when using facilitating media such as
dolls, drawings, pictures etc., and respectively their relative merits is
highlighted together with confirmation and justifications supporting the use of
such aids in enhancing communication and demonstration of the abuse
perpetrated. Useful guidance is offered as to which media might work best for
obtaining and reinforcing a particular piece of information or evidence about
what happened, and how such material might be presented and viewed in court.
Two further chapters focus on interviewing particularly vulnerable children;
very young children and children with special needs, raising a number of
additional considerations to be taken into account. Similarly the final chapter
in this part of the book provides think points and advice on conducting
culturally competent interviews cognizant of race, ethnicity and social class. The final six chapters deal
with the determination of whether or not abuse has in fact occurred and how
professionals might attempt to distinguish false allegations from genuine and
reluctant ones. A review of 16 different research studies undertaken to
identify likely sexual abuse indicators resulted in three common determinants:
specific detail of the assault, effect consistent with the abuse description
and advanced sexual knowledge, as well as a range of more disputed factors. In
the concluding chapters a suggested procedural model for collecting data and
information is provided on which to make a more informed decision together with
a list of potential errors that may befall professionals. A list of alternative
explanations and factors that could prompt false allegations of sexual abuse is
suggested, together with a number of practical strategies for dealing with
children who are unwilling or reluctant to disclose. Overall, this book provides
a highly informative, readable and extensive critique of the current
epistemology relating to the disclosure of child sexual abuse; if any research
in this area has been commissioned or published it will be reviewed and
referenced here. But more importantly the book is not only written for those
who work in this very difficult and traumatic arena, but is written in a manner
that acknowledges and respects their individual professionalism. The authors do
not preach or dictate, for example which methods should be used, but offer
practical advice, authority and suggestions to enable those working on the
ground to conduct the most effective interviews and therefore be even more
confident and assured in ultimately presenting and justifying their strategies
in the courtroom and legal environment. Kim Stevenson Pleadings
Without Tears Edition: 7th Author: William
Rose ISBN-10:
0-19-928077-0 Publishers:
Oxford University Press Price £24.95 Publication
Date: 18 January 2007 Introduction Alice laughed. 'There's no use trying', she said: 'one can't
believe impossible things.' 'I daresay you haven't had much practice', said the Queen. 'When I
was your age, I always did it for half-an-hour a day. Why, sometimes I've
believed as many as six impossible things before breakfast.' 'Give your evidence', said the King; 'and don't be nervous, or
I'll have you executed on the spot.' The White Rabbit put on his spectacles. 'Where shall I begin,
please your Majesty?' he asked. 'Begin at the beginning', the King said gravely, 'And go on till
you come to the end, then stop.' Publisher’s
Title Description One of the most successful books on practical legal
drafting in litigation Written in a lively and entertaining style, whilst
providing many useful tips and examples Takes full account of the various relevant changes to the
Civil Procedure Rules since the last edition New to this edition Includes a new chapter on skeleton arguments Pleadings Without Tears
has become established as one of the most successful books on practical legal
drafting in the context of litigation. This new seventh edition consolidates
and updates the sixth edition to take account of the various relevant changes
to the Civil Procedure Rules, and includes a new chapter on skeleton
arguments. Contents 1. Pillars of Understanding (General
Principles) 2. Getting the Show on the Road (The
Claim) 3. Making a Fight of It (The Defence
and Counterclaim) 4. The Right to Reply (The Reply)
5. Don't Answer Back (Rejoinder, etc)
6. Pray-Tell Me (The Request for Further
Information) 7. 'Just to Let You Know..' (The Answer
to a Request for Further Information) 8. Come and Join In (Additional Claims
Against Third Parties) 9. Pieces of Eight (The Part 8
Procedure) 10. 'To Tell You the Truth...'
(Affadavits and Witness Statements) 11. Just a Minute (Minutes and Agreed
Orders) 12. Bones of Contention (The Skeleton
Argument) 13. A Matter of Opinions (Opinion
Writing) Reviewer
Wanted Would you be
interested in reviewing this book? (The Book Above) If you are interested in
providing a review in about 600/800 words within 3 months or sooner then please
contact me by e-mail at robjerrard@aol.com providing
a small CV and your interest in this particular book. I do ask reviewers to
agree to review within 3 months and pay the postage, books not reviewed
should be returned. I am looking for a positive commitment. For an
indication of what is required please see this site, which contains hundreds of
examples. "Internet Law book Reviews" which currently attracts up to
1,200 visitors per day welcomes all categories of reviewers. Blackstone's
Criminal Practice 2007 Edition: 2007
Edition Author: Peter
Murphy & John Phillips Contributors: Advisory Editors; ISBN-10:
0-19-920591-4 Publishers:
Oxford University Press Price £165 HB Publication
Date: 12 October 2006 PREFACE TO THE FIRST EDITION The last time it happened, George IV was on the throne, and Great
Britain still harboured lingering pretensions to sovereignty over the United
States. The Judicature Act 1875 was still over a half-century away, the
common-law courts sat in Westminster Hall, imprisonment was a remedy for debt
and Doctors' Commons was a flourishing institution. Felonies were capital
offences, yet the accused enjoyed no right to counsel and was not permitted to
testify in his own defence. Times have changed, and even given the conservative
attitude of lawyers to innovation, it is time it happened again. The 'it' referred to is the publication of a wholly new work in
the field of criminal law dealing as comprehensively as practicable with all
the law, evidence and procedure practitioners need to know. It was in 1822 that
J. F. Archbold first published his celebrated work. The editors of its 43rd
edition, published 166 years later, in announcing that it had 'exploded' into
two volumes, recalled that the original was some 440 pages long, and that its
author claimed to have 'taken infinite pains . . . to compress the whole into
the smallest possible compass consistent with perspicuity'. It is no criticism
of the stalwart efforts of those editors, or those of their many equally
distinguished predecessors, that there is now a clear and widely recognised
need for a new work that returns to J. F.'s elegant aspiration. Blackstone's Criminal Practice is designed to fill, in the later
years of the 20th century, the need that J. F.'s prototype was designed to fill
in the earlier years of the 19th. Its constitution is, we hope, simple and apt
to the work of both branches of our legal profession in the field of modern
criminal law. March, 1991. That was what was said in 1991.
Blackstone’s Criminal Practice is now in the hands of Oxford University
Press and 2004 is the 17thth Edition. From the Preface Regular users of Blackstone's Criminal Practice will notice some
significant reorganization and additional material in this 2007 edition. When
the trauma of the massive legislative upheaval which dominated preparation of
the 2006 edition had subsided, we at last found an opportunity to take a deep breath
and forge ahead with the implementation of some significant improvements in
terms of content and structure, which had been in the planning and preparation
stage for a period of time but had been forced to yield precedence to more
pressing matters. These improvements had been suggested not only by our own
observation, but by much helpful input from judges and practitioners. But in
implementing them, we were mindful not only of the areas to be covered, but
also of the need for expert contributors to do them justice. We are pleased
that it has proved possible to realise our goals in the light of both needs
during an editorial year which, though less frenetic than 2006, has nonetheless
kept us busy with the inevitable flurry of legislative and case-law developments.
For the first time, Blackstone now offers coverage of extradition proceedings
provided by Adina Ezekiel. Keir Starmer QC has undertaken a substantial
revision of the book's human rights content, which is now more prominent and
detailed. We have expanded our treatment of offences related to terrorism, and
have deepened our treatment of abuse of process. The reader will now also find
useful coverage of fixed penalties and other alternatives to prosecution. On
the subject of expert coverage, I am also pleased to record that His Honour
Judge Peter Rook has joined the team of authors to lend a specialist voice to
sexual offences, and that Frances Webber has joined us to supply the same
quality in the section on immigration offences. It is also a pleasure to
record, rather belatedly I fear, the welcome addition of Edward Rees QC to our
list of authors. As always, the
book has been updated and revised throughout in the light of changes in the law
since publication of the last edition. Among the important statutes dealt with
are the Terrorism Act 2006, the Immigration, Nationality and Asylum Act 2006,
the Criminal Defence Service Act 2006, and the Racial and Religious Hatred Act
2006. We also include coverage of the Fraud Bill, which has largely completed its
passage through Parliament and awaits Royal Assent, in the expectation that it
will become law during the life span of this edition. Coverage is provided of
those sections of the Criminal Justice Act 2003 which have recently come into
force, of commencement orders under the Serious Organised Crime and Police Act
2005 and of amendments to the Criminal Procedure Rules 2005. Among the
important cases dealt with are Jones (defence of prevention of crime); Rashford
(self-defence); Card; Edwards; Renda and Weir (all dealing with bad character);
AttorneyGeneral's Reference (No. 3 of2004); D (joint ventures); Bowman (expert
witnesses); Momodou (coaching and familiarisation of witnesses); Kai-Whitewind
(corroboration); Rimmington (public nuisance); DPP v Milton (dangerous driving
- speed); Ashton (procedural defects); Soneji (procedural error, confiscation);
Coutts (alternative verdicts); Davis (anonymous witnesses) and Hussain v
UK(defendant's costs order). We have tried to
state the law as at 1 August 2006. Peter Murphy Editor-in-chief Review There are
several sources of information on the current position of the criminal
law. Police officers may turn to the
trusty Beat Officer’s Companion or Butterworths Police Law. Typically, younger officers may use online
services, such as NCALT or the Police National Legal Database (PNLD) maintained
by West Yorkshire Police. Lawyers and
academics may prefer the sophistication of LexisNexis or WestLawUK. Statutes, parliamentary publications, and
House of Lords opinions are also directly and freely available online from
HMSO. The question
which arises is thus: what place does a book have in the fast-paced modern
world of criminal law and practice?
Your answer probably depends on your knowledge and experience of using
online services. Yet, even a glance at
the spine of this book should tell the prospective reader enough about its
provenance to dispel any misgivings. Blackstone’s
Criminal Practice 2007 is, quite simply, excellent. An annual publication, it is an encyclopaedia of the rules and
regulations of the criminal justice system.
However, publishing a tome such as this once a year may not be often
enough to keep up with the legislative whimsy of government, so OUP has a companion
website, with quarterly updates on developments in the law. The content of these updates goes far beyond
that offered by comparable updates, such as CENTREX’s monthly updates. The breadth and depth of the analysis is
wonderful, and, whilst it may not be much practical use for a police officer,
should certainly provoke discussion and debate amongst colleagues as to the
likely implications of new law. The text of the
book is in a new format, and is divided into six parts. One of the shortest is the section on the
criminal law. This book does not offer
an exhaustive list of criminal provisions.
For instance, there is no mention of fare evasion on the railways, or
some of the more obscure offences, for which you might have to reach for a text
book. But then, this was never the
point of this book. Although OUP claim
that it is a ‘one-stop’ reference, it is in fact a ‘one-stop’ reference for
matters of procedure and practice. With
this in mind, the reader should arm himself with a copy of Sweet &
Maxwell’s Archbold. The quality of
the text and analysis is superb.
Usefully, there is not only a statement of the law, but also explanation
and comment. Unusually for a book on
criminal law, there is a good section on road traffic offences, although the
law in this area is changing with the impending introduction of the Road Safety
Act 2006. Several pages are devoted to
the schedules to the Road Traffic Offenders Act 1988. Very useful for operational police officers – if a little
impractical to carry around. The lion’s share
of the book is taken up by Part D – Procedure.
This is wide-ranging and thorough, and covers police powers, juries,
bail, ASBOs, pre-trial hearings, and committal. Part E is concerned with Sentencing, and Part F with
Evidence. The rules relating to
evidence changed with the Criminal Justice Act 2003, and it is good to see an
incorporation and discussion of the law relating to ‘bad character’ evidence. The book is
available in two formats – as a hardback book, and as a CD ROM. The interface of the CD ROM is basic and
easy to use, although it might be slightly disappointing for users of
LexisNexis and WestLaw. However, the
book is simply more straightforward to use.
You can leaf backwards and forwards, rather than selecting a keyword or
topic. This book comes
highly recommended for lawyers. The
price will be off-putting for many, although the CD ROM is slightly cheaper
than the print version. Like so many
legal texts, it may be of only limited appeal to police officers – although
every police station in the country should have one for reference. Jon Mack March 2007
Review of Crime Book
Publishers: Oxford University Press
In addition to the definitions, the dictionary also contains five useful
appendices: Abbreviations and Acronyms, Recordable Offences,
Disclosure Code, Disclosure Guidelines
and Disclosure Protocol.
Written by two former police officers, both now lecturers in law and criminal
investigation, the dictionary fills a significant gap in the law market and
will be invaluable to police officers and trainee officers, students and
lecturers of criminology, criminal justice, and police studies, and other
professionals needing clear definitions of law enforcement terms.
Publishers: Oxford University Press
This text provides a comprehensive legal analysis of the substantive and
procedural rules relating to computer crime, and offers a clear explanation
of the relevant technical aspects of computer crime, from types of attacks
launched through to forensic techniques. The text places computer crime
firmly in its international context, through comparative discussion of laws
in other jurisdictions, international harmonisation initiatives, and
mechanisms for co-operation between law enforcement bodies in different
jurisdictions.
Primary market:
practitioners and academics specialising in criminal law,
information technology, intellectual property, data protection, and corporate
fraud.
Secondary market:
enforcement agencies including the police and CPS, and
non-legal professional advisors such as computer forensic and data security
experts.
Review
American, Comparative, and International
Volume One: Foundations
Publishers: Oxford University Press
Questions are set out as exam practice questions designed for preparation for
the National Investigators' Exam
The book is designed to reinforce knowledge and understanding of the NIE
syllabus. The NIE is a paper based Multiple Choice Question examination
testing knowledge of law and procedure relevant to the role of a trainee
investigator (in the areas of Property Offences, Assaults, Drugs, Firearms
& Defences, Sexual Offences and Evidence). This Q&A book will help to
highlight any gaps or weaknesses in that knowledge.
Fully updated to include coverage of new legislation including the Serious
Organised Crime and Police Act 2005 (SOCPA), the updates to the PACE Codes of
Practice, the Drugs Act 2005 and the Terrorism Act 2006.
Written by an experienced and highly successful question writer, this text is
a valuable learning aid and practice book for both students and trainers.
This product is not endorsed by Centrex
Publishers: Oxford University Press
Proceeds of crime and asset recovery law has taken on greater importance to the
criminal practitioner in recent years, particularly with the transfer of the
criminal restraint and receivership powers of the High Court to the Crown Court
under the 2002 legislation. The new edition has been updated to include
analysis of the most recent decisions emanating from the Courts, like Capewell and Jennings , together with comment on
all of the main legislative changes, with reference to both the Criminal and
Civil Procedure Rules and changes brought about by the Serious Organised Crime
and Police Act 2005. It also includes new chapters on:
Restraint and receivership orders
Practice and procedure in both the Crown Court and the High Court
Disclosure orders
Repatriation of assets from abroad
How to deal with contempt of court applications
Condemnation law (bootlegging)
This second edition is an essential purchase for criminal practitioners, for
the well-balanced and practical assistance it affords, both on the high street
and in the court-room.
Publishers: Oxford University Press
The Fraud Act 2006 creates a new general offence of fraud with a maximum custodial
sentence of ten years; replacing all previous deception offences as detailed
under the Theft Acts 1968-1996. This
new offence can be committed in three ways;
By false representation
By failing to disclose information
By abuse of position
The Act also creates new offences of obtaining services dishonestly, and
replaces the existing 'going equipped' offence, to criminalise the act of
possessing or making material for use in frauds. This new Blackstone's Guide provides the full text of the Fraud
Act 2006 and extracts from related relevant legislation, together with expert
narrative. The authors provide
detailed and practical commentary logically following the structure of the
Act, on the effect of the legislation, its probable interpretation, and its
impact on the existing law of dishonesty.
Reviews
ISBN-13: 978-0-19-531177-8
Here, Kathleen Coulborn Faller, a leading expert on child sexual abuse,
critically analyses the research on assessing child sexual abuse. Noting that
issues such as memory and suggestibility, questioning techniques, the use of
media, and false allegations remain hotly contested, chapters guide readers in
applying available research to professional judgment while drawing also on best
practice guidelines and conceptual, clinical, and consensus-based writings. The
only up-to-date resource of its kind, Interviewing Children About
Sexual Abuse covers the
entire interview process, showing professionals how to structure, document, and
follow up on children's responses in interviews; work with children who are
very young, have special needs, or come from diverse backgrounds; use standardized
tests and measures; formulate conclusions about sexual abuse; and defend those
decisions in a courtroom or clinical setting.
Review
A Guide to Legal Drafting Under the Civil Procedure Rules
ISBN-13: 978-0-19-928077-3
The book takes a practical and insightful look at the subject of legal
drafting. Rather than merely providing a series of precedents, the author
sets out fundamental rules common to all good drafting, so that the reader
will become more confident in approaching this often unnecessarily daunting
subject.
The book contains a wealth of practical examples and anecdotes and is
illustrated throughout with cartoons. Its light and entertaining style,
combined with detailed analysis and explanation, enable the reader to easily
acquire a good understanding of drafting.
HHJ Peter Beaumont (the Recorder of London)
HHJ Roderick Denyer
Lord Justice Hooper
Professor David Ormerod (Leeds University)
Tim Owen QC (Matrix Chambers)
David Perry (barrister, 6 King's Bench Walk)
Robert Smith QC (16 Park Place Chambers)
Contributors;
Diane Birch, LLB Professor of Criminal Justice and Evidence, University of
Nottingham
Adina Ezekiel, barrister, 6 King's Bench Walk
Michael J. Gunn, LLB Professor of English Law and Associate Dean, Nottingham
Law School, Nottingham
Michael Hirst, LLB, LLM Professor of Criminal Justice, De Montfort
University, Leicester
Peter Hungerford-Welch, LLB, Barrister Associate Dean and Director of
Teaching Staff Resources, Inns of Court School of Law, City University,
London
Adrian Keane, LLB, Barrister Professor of Law and Dean, Inns of Court School
of Law, City University, London
Leonard Leigh, PhD Barrister Commission Member, Criminal Cases Review
Commission. Formerly Professor of Criminal Law in the University of London,
London School of Economics and Political Science
Richard McMahon, LLB, LLM, Barrister Director of Civil Litigation, States of Guernsey,
Crown Advocate of the Royal Court of Guernsey, formerly Lecturer in Law, The
University of Reading
Edward Rees QC Criminal Law Barrister, Doughty Street Chambers
His Honour Judge Peter Rook
John Sprack, BA, LLB, Barrister and formerly Reader, Inns of Court School of
Law
Keir Starmer QC, Doughty Street Chambers
Richard D. Taylor, MA, LLM, Barrister Professor of English Law and Head of
School, Lancashire Law School, University of Central Lancashire
Martin Wasik, LLB, MA, FRSA, Barrister Professor of Criminal Justice, Keele
University. Chairman, Sentencing Advisory Panel
Frances Webber, barrister, 2 Garden Court Chambers
ISBN-13: 978-0-19-920591-2
LINKS
"Internet Law
Book Reviews", Copyright Rob Jerrard