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Cases and Materials on Criminal Law

Edition: 4th 2007

Author: Mike Molan

ISBN: 9780415424615

Publishers: Routledge-Cavendish

Price: £ 34.95

Publication Date: 10/18/2007

Publisher’s Title Information


This new edition of Cases and Materials on Criminal Law has been thoroughly updated to provide a comprehensive selection of key materials drawn from law reports, legislation, Law Commission consultation papers and reports, and Home Office publications.

Clear and highly accessible, this volume is presented in a coherent structure and provides full coverage of the topics commonly found in the criminal law syllabus. The range of thoughtfully selected materials and authoritative commentary ensures that this book provides an essential collection of materials and analysis to stimulate the reader and assist in the study of this difficult and challenging area of law.

New features include:

Revised text design with clear page layout, headings and boxed and shaded sections to aid navigation and readability

Chapter introductions to highlight the salient features under discussion

Short chapter table of contents to enable easier navigation

"Comments and Questions" sections to encourage students to reflect on their reading

Expanded further reading to encourage students to engage further with the subject

A Companion Website to provide regular updates to the book.

Recent decisions of note that are extracted and analysed include R v Kennedy (manslaughter based on supply of heroin); Attorney General for Jersey v Holley (provocation); R v Mark and R v Willoughby (elements of killing by gross negligence); R v Barnes (consent as a defence to sporting injuries); Attorney General’s Reference (No 3 of 2004) (accessorial liability) and R v Hatton (intoxicated mistake in self defence cases).

Consideration is also given to the likely changes to the law relating to corporate manslaughter, at the time of writing contained in the Corporate Manslaughter and Corporate Homicide Bill currently before Parliament.

Two major law reform publications are extensively extracted and contextualised in this 4th edition. The Law Commission’s report on Murder, Manslaughter and Infanticide (Law Com No 304) – and the Law Commission’s Report on Inchoate Liability for Assisting and Encouraging Crime (Law Com 300).

This book is an invaluable reference for students on undergraduate or CPE/PG Diploma in Law criminal law courses, particularly those studying independently or on distance learning programmes.

Introduction to Criminal Law: Framework and Procedures.  Actus Reus: The External Elements of an Offence.  Mens Rea: The Mental Element.  Homicide.  Non-fatal Offences against the Person.  Sexual Offences.  Accessorial Liability.  Inchoate Offences.  Theft.  The Fraud Act 2006.  Robbery, Blackmail, Burglary and Going Equipped.  Criminal Damage.  Defences where Mens Rea is Denied Criminal Damage.  Defences of Compulsion

The Author

Professor Mike Molan, BA, LLM, FHEA, Barrister, is Acting Executive Dean of the Faculty of Arts and Human Sciences at London South Bank University


Reviews

There are anumber of casebooks on the Criminal Law currently available. Professor Molan's tome competes against similar publications by Elliot & Wood, Smith & Hogan, and Herring & Padfield. Users familiar with one of other of these well-established titles are unlikely to want to change for the sake of change.  Moreover, given the fact that the vast majority of the judgments and Official Documents reproduced therein are available on subscription and government websites respectively, 'Cases and Materials' books really have to offer something more than a straightforward recitation of the law.  The author, Mike Molan, a Professor of Law at Southbank University, highlights areas of likely interest to the undergraduate, and helpfully includes some 'Comments and Questions' at the end of each topic.  These are not essay or tutorial style, but should guide the reader to think more carefully about the topic.

The book commences with a reassuring statement of the 'basics' of English criminal law – burden of proof, mens rea, actus reus, and now Human Rights.  A cursory reading of the dimly remembered but rarely used details of these concepts, reminds the reader of the fundamentals of the criminal law.

Perhaps the most striking changes to the criminal law over the past five years have been the reformation of the law as it relates to sexual offences and to Theft Act offences.  There is a good chapter on sexual offences, which includes thoughtfully selected materials giving something of the background to the change in the law on sexual offences.  Yet it is surprising that some of the offences which have made a significant change to the law and made the lives of the police easier, such as voyeurism (Section 67), are not even mentioned.  If anything, this is a weakness of the text, which betrays its academic readership.  However, taken as a whole, Professor Molan's chapter on sexual offences is interesting and shows the Home Office's rationale in changing the law, and the complications that have inevitably followed.

It goes without saying, of course, that a large proportion of the criminal law has not changed.  Cases such as Latimer (1886) (transfer of malice) and Bratty (1963) (automatism) are easily found, and their legal principles remain as important today as they ever were.  These cases are deserving of comment and discussion.  Although these cases are useful to the student, it is the newer (and seemingly more complex) areas of the criminal law that will be of most interest to lawyers and police officers.  It should be said that this is not a 'textbook' on the law as such, but is meant to be used in conjunction with one.

As is the modern trend, this latest offering from Routledge-Cavendish has a companion website, which promises much, but delivers little.  The gold standard has already been set by Oxford University Press and police officers familiar with the updates published by Blackstone's and their Police Manuals will not be fooled.  What a shame it is that this companion website could not have been fully tested for functionality and content prior to the publication of the book.  At the time of writing this review, the only thing of merit was a short biography of the author.

A casebook will never replace spending hours in the law library pouring over longwinded opinions.  The strength of Professor Molan's book is that it should direct the student to the really key cases and documents, so that the student can spend his time more profitably reading around the subject to gain a greater depth of understanding.  Extracts of several useful articles are extracted for this book.  As Cases and Materials go, this book is as good as it gets.

Jon Mack

January 2008


This is the fourth edition of this book.The previous edition was published in 2005 by Cavendish, which is now Routledge - Cavendish, an imprint of the Taylor and Francis Group.  As with all cases and materials textbooks, the stated aim is to provide a comprehensive selection of key materials drawn from law reports, legislation, law commission consultation papers and reports of Home Office publications. 

Having seen and used a variety of cases and materials books, I particularly like the layout of this one, eg sections of introduction to the subjects, the need for reform, the reformed offence and so on through the subjects, until you reach comments and questions, summary of main provisions and further readings. 

All subjects are dealt with comprehensively and I am pleased to see the Fraud Act 2006 receives a chapter, viz Chapter 10 which follows the also comprehensive Chapter 9 on Theft.  Without a full working knowledge of the Theft Acts, any law student will fail.  The chapter on fraud deals with the reasons why it was necessary to replace deception offences with fraud offences, before the offences are explained followed by 10.8 ‘should dishonesty have been retained as an element of the Fraud Act 2006 offences?’ 

Moving beyond that to robbery, blackmail, burglary and going equipped, my eye caught the very familiar case of R v Collins [1973] QB 100 (CA) - the man who was naked apart form his red socks!  The case was about the concept of 'entry as a trespasser' and Edmond Davis LJ described it as 'about as extraordinary a case as my brethren and I have ever heard on or off the bench'.  Students will of course have to follow the cases which lead to Section 63 of the Sexual Offences Act 2003 and the amendments of Section 9 of the Theft Act 1968.  (Raping any person therein has been removed).  Collins of course had been charged with burglary with intent to commit rape. 

Students are always advised to refer to original sources where possible and these days they have the advantage of the Internet, however all students of criminal law should possess at least one good casebook if not more.  This one is highly recommended.  For those with previous editions, new to this edition are:-

Revised text design with clear page layout, headings and boxed and shaded sections to aid navigation and readability.

Chapter introductions to highlight the salient features under discussion.

Short chapter table of contents to enable easier navigation.

Comments and Questions  sections to encourage students to reflect on their reading.

 Expanded further reading to encourage students to engage further with the subject.

 Recent decisions of note that are extracted and analysed include R v Kennedy (manslaughter based on supply of heroin); Attorney General for Jersey v Holley (provocation); R v Mark and R v Willoughhy (elements of killing by gross negligence); R v Barnes (consent as a defence to sporting injuries); Attorney General's Reference (No 3 of 2004) (accessorial liability) and R v Hatton (intoxicated mistake in self-defence cases). Consideration is also given to the likely changes to the law relating to corporate manslaughter, at the time of writing contained in the Corporate Manslaughter and Corporate Homicide Bill currently before Parliament.

Two major law reform publications are extensively extracted and contextualised in this 4th edition: the Law Commission's report on Murder, Manslaughter and Infanticide (Law Com No 304) - and the Law Commission's Report on Inchoate Liability for Assisting and encouraging Crime (Law Com 300).

There is a companion website.

Rob Jerrard



Child Sexual Abuse, Disclosure, Delay, and Denial

Edition:

Author: Edited by Margaret-Ellen Pipe, Michael E. Lamb, Yael Orbach, Ann-Christin Cederborg

ISBN: 978-0-8058-6317-8

Publishers: Routledge, Lawrence Erlbaum Associates

Price: £19.95

Publication Date: 2nd April 2007

Publisher’s Title Information


This volume provides the first rigorous assessment of the research relating to the disclosure of childhood sexual abuse, along with the practical and policy implications of the findings. Leading researchers and practitioners from diverse and international backgrounds offer critical commentary on these previously unpublished findings gathered from both field and laboratory research. Cross-cultural, clinical, and multi-disciplinary perspectives are provided. The goal is to learn more about why children frequently remain silent about their abuse, deny it, or if they do disclose, do so belatedly and incompletely, often recanting their allegations over time.
The book opens with a close examination of the existing literature on disclosure and the difficulties in conducting such research. It then examines the individual and contextual factors that determine whether, when, and how childhood sexual abuse is disclosed. This portion reviews how the interview techniques have a profound impact on disclosure patterns. Details of how reluctant children are interviewed are included. The third section examines the broader implications of disclosure for the child, family and peers, and for the suspect. Child Sexual Abuse examines how the interview strategies influence how, when, or if children disclose abuse, by examining both domestic and international data and by analysing detailed interviews with children.
Child Sexual Abuse is for researchers and practitioners from child, forensic, and clinical psychology, social work, and all legal professionals who need to understand this crime.


Table of Contents

Introduction. Seeking Resolution in the Disclosure Wars: An Overview. Disclosure of Child Sexual Abuse: A Review of the Contemporary Empirical Literature. False Denials: Overcoming Methodological Biases in Abuse Disclosure Research. Individual and Family Variables Associated With Disclosure and Non-disclosure of Child Abuse in Israel. Factors Associated With Non-disclosure of Suspected Abuse During Forensic Interviews. Suspected Victims of Abuse Who Do Not Make Allegations: An Analysis of Their Interactions With Forensic Interviewers. Reluctant Disclosers of Child Sexual Abuse. The Influence of Interviewer-provided Social Support on Children’s Suggestibility, Memory, and Disclosures. Delay of Disclosure, Minimization, and Denial of Abuse When the Evidence is Unambiguous: A Multi-victim Case. A Retrospective Study of Factors Affecting the Disclosure of Childhood Sexual and Physical Abuse. Canadian Criminal Court Reports of Historic Child Sexual Abuse: Factors Associated With Delayed Prosecution and Reported Repression. A Holistic Approach to Interviewing and Treating Children in the Legal System. Clinical and Organizational Perspectives on Denial and Delayed Disclosure. Forensic Interviewing in New Zealand. The Silence of Abused Children in Israel: Policy Implications. Reflections on the Concept of Disclosure


Review

This edited collection of 16 chapters by leading practitioners and researchers addresses the sensitive issue of child sexual abuse disclosures –or perhaps more importantly non-disclosures - and the conflicting expectations of child care professionals, clinicians and the legal system. The underlying premise posits to what extent is non-disclosure a substantial problem and if it is how should professionals respond? If a child fails to disclose does that mean that no abuse has in fact occurred, or that they are unwilling or unable to disclose? The book is divided into three,  Part I contains three introductory chapters that set the context. Part II highlights new and recent empirical research incorporating a range of different methodologies, eight chapters seek to examine these questions and identify underlying patterns and contributory factors that may or may not precipitate disclosure. The policy implications in terms of understanding the effects of disclosure and non-disclosure are explored in Part III. There is an amount of repetition and overlap, particularly with regard to the systematic reviews of existing research at the beginning of each chapter but the chapters themselves are coherent and adopt a standardized structure.  The more interesting and positive aspects of the findings and conclusions drawn tend to be those that reinforce consistencies  and understandings not only across the different surveys conducted, but in the evidence confirming and affirming many of the real life understandings and practices adopted by those  professionals who conduct such interviews on a day-to-day basis.

Part I

The book takes as its starting point the shift from the  'memory wars' debates in the 1980s and 1990s which were largely about the   'reliability' of disclosures primarily obtained through adult recollection, to the current 'disclosure wars' which focus more on the child's developmental ability and desire to disclose.   The editors take issue (chapter 1), as do other contributors, with Summit's (1983) Child Sexual Abuse Accommodation Syndrome  which perpetuated the accepted norm that if children do disclose it will be reluctantly, ambivalently, and that generally denials and delays are very rare. Instead they argue that the debate has now moved on and that it is just as important to acknowledge and consider non-disclosure, especially in the light of contradictory research (see chapter 2) that suggests between 4 and 75% of children who have been abused fail to disclose, or will delay disclosure, until they are older. Lyon continues the offensive (chapter 3) challenging the established view that false denials of abused children are rare and cautions against the practice of increasing suggestability to facilitate disclosure and minimise false denials. Reviewing previous surveys where abused children were diagnosed to be suffering from sexually transmitted diseases, he uses the presence of gonorrhoea as an independent means of validating and corroborating sexual activity in order to compare the relative rates of disclosure and non-disclosure. Although his results were affected by the inherent weaknesses in the methodologies adopted in the surveys reviewed, he surmises that a significant percentage, up to 20%, had failed to disclose abuse despite contracting the disease.

Part II commences with a convincing study by Hershkowitz (chapter 4) of all child abuse investigations (sexual and physical) involving child victims aged 3-14 years conducted in Israel between January 1998 and December 2002 - some 26,323 cases. The survey, based on the National Institute of Child Health and Human Development interview protocol (NICHD), provides a prototype methodological model. This produced not only the data for a national database but threw up some interesting results confirming a number of suspected predictors: girls were slightly more likely to disclose sexual abuse than boys whereas boys were more likely to disclose physical abuse. Age was a strong determinant for both categories; 50%  of 3-6 year-olds disclosed, 30% 7-10 year-olds and 25% 11-14 year-olds. Children who had made previous allegations in the past were less likely to disclose than those who had not; 25% living with their parents disclosed whereas the figure was 50% where the parents were divorced. Children no longer likely to be living at home were less likely to disclose sexual abuse but more likely to disclose physical abuse. Pipe and Lamb (chapter 5) found similar indicators in their survey of 397 interviews with children aged between 4 -13 years in Salt Lake City. Disclosures were more likely to be delayed where the suspect was a family member and amongst older children. Younger children were least likely to disclose in formal interview settings suggesting the need to further refine such 'interview' techniques. In the Israeli survey Hershowitz also reviewed the factors during the interview process that could affect disclosure (chapter 6); specifically the relationship between interviewer supportiveness, prompts and children's responses. She concluded that the potential likelihood of disclosure can be reasonably assessed by the child's engagement in the process, again something that practitioners are no doubt fully aware of but now scientifically confirmed. Also (unsurprisingly) that younger children need more emotional support to help them disclose.

Orbach confirms (chapter 7) practitioner suspicions that non-reluctant disclosers are more likely to disclose as a result of open-ended, free recall interviews whereas reluctant disclosers are generally less communicative, both about the abuse itself and other neutral matters but can be persuaded by more suggestive, focussed prompts. An unusual analysis is utilised by Cederborg (chapter 8) where videotapes made by a Swedish perpetrator of his sexual abuse of 12 children were compared with interviews conducted with those children to code possible reasons for non-disclosure. At least 6 children had experienced abuse that should have been memorable but either refused to disclose or were 'unaware' of what had happened. The more closely the children were linked to the perpetrator, as relatives or in their care, the less likely they were to disclose underlining the problem of children believing that they were 'responsible participants' rather than victims. Connolly's review (chapter 11)  of Canadian prosecutions  involving cases of child sexual abuse determined in the 1970s and 1980s drew similar conclusions. Finally, Bottoms (chapter 10) addresses the contentious issue of  the 'true' incidence of childhood sexual abuse. She questioned 1,411 American female college students about any sexual activity they had experienced when under 17 years with a person at least five years or older who they did not regard as a partner. Although 26% reported at least one instance of sexual abuse the non-disclosure rate was lower than anticipated at 22%, she suggests one explanatory factor could be their educative experience providing them with the courage and means to disclose.

Part III  examines the policy implications of the foregoing research trends  focusing on the Swedish, Israeli, New Zealand and US experience. Saywitz (chapter 12) reminds us of the continuing disjunction between  clinical/therapeutic drivers and forensic/legal objectives exacerbated (as we know despite post-Cleveland  initiatives)  in  adversarial legal systems. She advocates the need for a more holistic approach, at least in the United States, where contradictory interview techniques can and should be developed to operate not only contemporaneously but with mutual respect (again something first recognised in the 1990s and that should have been resolved by now) . Gumpert  (chapter 13) responds more positively that from the Swedish perspective despite their obvious differences therapeutic and legal approaches are not independent contesters but are dependent on each other. Rather than disclosure being the overriding objective she argues that it is more important to optimize the conditions within which children will talk at their own pace. And that dissuading children from talking to their parents and others about the abuse on the grounds this might contaminate the evidence can, and should, be distinguished from questioning them inappropriately. The most useful challenge to the legal/therapeutic dichotomy comes from Horowitz and the Israeli NICHD model (chapter 15) which allows considerable flexibility where abuse is strongly suspected but the child does not disclose. Devices include advising the police investigators to place the suspect in custody (so the child feels safe), asking a significant other to talk to the child, refer the child for specialist treatment, interviewing children at the scene of the crime and asking children directly what would happen if they did disclose.  If there is a real will to put the child's welfare first Israel shows it can be done; as does New Zealand to a lesser extent as summarized by Wilson (chapter 15). Finally Lindblad challenges the whole notion of 'disclosure' and its associated terms as ambiguous and problematic. He suggests that often young children may in fact 'disclose' but the receiver may not perceive it as such if it does not fit their expectation of what a disclosure should contain. He also asks us to consider whether disclosures should be viewed as an ongoing process or a pinnacle event, and how detailed, accurate and credible they need to be.

It is unacceptable that despite the myriad of global child abuse scandals over the last 20 years that in some jurisdictions law and psychology have not been able to fully coalesce and work together in the interests of the children rather than in the interests of the respective discourse. This book provides the empirical evidence to overcome any remaining inertia and shows that where there is a genuine will there are ways to successfully challenge such divisions but still work within the constraints of the prevailing legal system and clinical objectives

Kim Stevenson



Predatory Priests, Silenced Victims

The Sexual Abuse Crisis and the Catholic Church

Edition: HB

Author: Edited by Mary Gail Frawley-O'Dea, Virginia Goldner

ISBN: 978-0-88163-424-2

Publishers: Routledge, The Analytic Press

Publisher’s Title Information


The sexual abuse scandal in the Catholic Church captured headlines and mobilized public outrage in January 2002. But much of the commentary that immediately followed was reductionistic, focusing on single "causes" of clerical abuse such as mandatory celibacy, homosexuality, sexual repressiveness or sexual permissiveness, anti-Catholicism, and a decadent secular culture.

Predatory Priests, Silenced Victims: The Sexual Abuse Crisis in the Catholic Church, a collection of groundbreaking articles edited by Mary Gail Frawley-O'Dea and Virginia Goldner, eschews such one-size-fits all theorizing. In its place, the abuse situation is explored in all its troubling complexity, as contributors take into account the experiences, respectively, of the victim/survivor, the abuser/perpetrator, and the bystander (whether family member, professional/clergy, or the community at large). Setting polemics to the side, Predatory Priests, Silenced Victims provides a sober and sobering analysis of the interlacing historical, doctrinal, and psychological issues that came together in the sexual abuse scandal. It is mandatory reading for all who seek thoughtful, informed commentary on a crisis long in the making and yet to be resolved.

Reviews to Date

"Frawley-O'Dea and Goldner have assembled an impressive chorus of interdisciplinary voices in this informative symphony about the clergy sexual abuse. They have brought psychoanalysts, priests, novelists, and social activists together to forge a multi-faceted perspective on this tragic situation. Themes of betrayed trust, sexualised power, covered-up misconduct, and scarred faith occupy the centre stage here but we also encounter tales of resilience, survival, and recovery. Far from moralistic finger pointing, this clinically and socially wise collection of essays is deeply humane at its core!"

Salman Akhtar, M.D., Professor of Psychiatry, Jefferson Medical College

"Frawley-O'Dea and Goldner have compiled a compelling series of articles that address questions relating to many aspects of the sexual abuse crisis in the Catholic Church. Chagrined, people in and out of the Church have tried to hold in mind the lasting traumatic effects on victims, the shock of comprehending how extensive the abuse was and the greater shock of learning how complicit the Church had been in protecting itself and its priests rather than those who had suffered, and the puzzlement of what, institutionally and psychologically, underpinned such pervasive misconduct. Recognizing that psychological, social, and institutional factors all contributed and paying particular attention to the clinical effects on victims, this volume does the therapeutic, clerical, and lay communities a great service."

Nancy Chodorow, Ph.D., Psychoanalyst and Author

"Predatory Priests, Silenced Victims: The Sexual Abuse Crisis and the Catholic Church provides a rich compendium of information for the reader based on the latest available data on the topic. It is a comprehensive and multifaceted work that provides no pat answers to the complicated issues involved in the tragedy of priest abuse. The editors have sought out a diverse group of authors to approach the topic from a wide variety of individual, professional, spiritual, and organizational perspectives. Each chapter is unique and thought-provoking; together, they describe a number of factors that contributed to the crisis of priest abuse and its cover up at the highest levels of the Church. Essential reading for anyone touched by priest abuse."

Christine Courtois, Ph.D., Author, Recollections of Sexual Abuse: Treatment Principles and Guidelines

Table of Contents

Frawley-O'Dea, Preface: From the Bayou to Boston: History of a Scandal. Goldner, Introduction: The Catholic Sexual Abuse Crisis: Gender, Sex, Power, and Discourse. Part I: Predatory Priests. Frawley-O'Dea, Goldner, Abusive Priests: Who They Were and Were Not. Kochansky, Cohen, Priests Who Sexualise Minors: Psychodynamic, Characterological, and Clerical Considerations. Celenza, A Love Addiction: Psychoanalytic Psychotherapy with an Offending Priest. Part II: Victims and Survivors - The Clinical Picture. Frawley-O'Dea, Can You Imagine? Long-Term Effects of Sexual Abuse. Gartner, Failed Fathers, Boys Betrayed. Part III: Victims and Survivors - Survivor's Stories. Dwyer, Surviving Is What I Know. Father M., Severed Selves and Unbridged Truths. Lewis, Sexual Abuse, Spiritual Formation, and Psychoanalysis. Part IV: The Institutional Church and the Pastoral Church. Martin, How Could It Happen? An Analysis of the Catholic Church Abuse Scandal. Doyle, Clericalism and Catholic Clergy Sexual Abuse. Richards, Clergy Sexual Misconduct: Episcopal and Roman Catholic Clergy. Ferguson, A Protestant Approach to Clergy Sexual Abuse. Smith, Women Priests and Clergy Sexual Misconduct. Gordon, The Priestly Phallus: A Study in Iconography. Walker, Celibacy and Misogyny. Jordan, The Confusion of Priestly Secrets.

About the Author(s)

Mary Gail Frawley-O’Dea, Ph.D., is Co-Director Emeritus, Manhattan Institute for Psychoanalysis, and Executive Director of their Trauma Treatment Centre; co-author of Treating the Adult Survivor of Childhood Sexual Abuse and The Supervisory Relationship; and author of Perversion of Power and Sexual Scandal in the Catholic Church. She was a speaker at the United States Conference of Catholic Bishops, 2002 Spring Meeting, and at the 2002 Annual Assembly of the Conference of Major Superiors of Men, and is a member of the Committee on Clergy Sexual Misconduct for the Episcopal Diocese of North Carolina. She is in private practice in Charlotte, North Carolina.

Virginia Goldner, Ph.D., is Founding Editor, Studies in Gender and Sexuality, and Clinical Professor of Psychology, Postdoctoral Program in Psychotherapy and Psychoanalysis, Derner Centre for Advanced Psychological Studies, Adelphi University.



Civil Liberties and Human Rights

Edition: PB

Author: Helen Fenwick

ISBN: 9781859419373

Publishers: Routledge-Cavendish

Price: £31.95

Publication Date: 09/17/2007

Publisher’s Title Information


More than merely describing developments in the field of civil liberties and human rights, this comprehensive and challenging textbook provides students with detailed and thought-provoking coverage and analysis of the impact of the Human Rights Act 1998 in an era in which human rights are coming increasingly under pressure.

Extensively re-written and updated since the last edition, Helen Fenwick considers the impact of the Human Rights Act 1998, paying particular attention to Labour legislation, especially in the fields of criminal justice and terrorism.

This book: considers recent key domestic decisions in the post-Human Rights Act era, including Campbell, A and Others v Secretary of State for the Home Dept, Ghaidan v Mendoza, R (Gillan) v Commissioner of Police of the Metropolis

Contains a new chapter on important developments in counter-terrorism law - covering the Anti-Terrorism Crime and Security Act 2001 and the Terrorism Acts 2005 and 2006

Analyses key developments in the sphere of media freedom, including the impact of the Communications Act 2003, Pro-life Alliance and Campbell

Explores new developments in criminal justice, including the Serious and Organized Crime Act 2005

Addresses the changes in the field of anti-discrimination law, including the Sexual Orientation Regulations 2003 and Equality Act 2006.

This textbook is an essential resource for students studying the development of human rights and civil liberties in the early years of the twenty-first century.


Table of Contents

Part 1: Theories of Rights and their Legal Protection in the UK  1. The Nature of Rights and Liberties  2. The European Convention on Human Rights  3. Methods of Protecting Civil Liberties in the UK; The Bill of Rights Debate  4. The Human Rights Act 1998  Part 2: Expression  5. Restraining Freedom of Expression Under the Law of Contempt  6. Restraining Freedom of Expression on the Grounds of Offensiveness, of Protecting Morality and Religious Sensibilities: Hate Speech; Censorship; Licensing and Regulation of the Visual Media  7. Official Secrecy and Freedom of Information  8. Freedom of Protest and Assembly  Part 3: The Protection of Privacy  9. Protection for Personal Information  10. Powers of the Security and Intelligence Services: State Surveillance; Search and Seizure of Property  Part 4: Personal Liberty  11. Freedom from Arbitrary Search, Arrest and Detention: Suspects’ Rights in Criminal Investigations  12. Police Questioning: Safeguards for Suspects  13. Redress for Police Malpractice  14. Anti-Terrorism Law and Policy: Extending Emergency Legislation  Part 5: Equality  15. Anti-Discrimination Legislation


Previous Review

This book provides an excellent treatment of civil liberties and makes a definite contribution to human rights literature in the United Kingdom, and these conclusions can be warmly endorsed by the present reviewer ... demonstrates a high level of scholarship and finds a welcome place side by side on the human rights lawyer's shelf ... up-to-date, highly informative, and straightforward to use ... excellent value and interesting reading.' - The Law Teacher


The Author

Helen Fenwick is Professor of Law at the University of Durham and Director of the Human Rights Centre.



Understanding World Jury Systems Through Social Psychological Research

Edition: HB

Authors: Edited by Martin F Kaplan, Ana M Martín

ISBN: 978-1-84169-421-4

Publishers: Psychology Press

Price: £41.95

Publication Date: 07/13/2006

Publisher’s Title Information


This volume examines diverse jury systems in nations around the world. These systems are marked by unique features having critical implications for jury selection, composition, functioning, processes, and ultimately, trial outcomes. These unique features are examined by applying relevant social psychological research, models and concepts to the central issues and characteristics of jury systems in those nations using a wide variety of jury procedures.
Traditionally, research that has been conducted on juries has almost exclusively targeted the North-American jury. Psychologically-based research on European, Asian and Australian juries has been almost non-existent in the past decade or more. Yet, the incidence of jury trials outside of North America has been steadily increasing as more nations (e.g., Japan, Spain, Russia, and Poland) adopt, revise, or expand their use of juries in their legal system. Accordingly, research has been appearing in the scientific literature on new developments in world juries (particularly in Spain, Japan, and Australia).
This volume fulfils the dual purpose of understanding the diverse practices in world juries in light of existing social psychological knowledge and applied research on juries in each nation, and outlining new research in the context of the issues raised by jury practices beyond those of North America.

Contents

1. Introduction and Overview  Part 1: Pure (Lay) Juries  2. The Jury System in the United State of America  3. Cross-Border Diversity: Trial by Jury in England and Scotland  4. Lay Participation in Legal Decision-Making in Australia and New Zealand: Jury Trials and Administrative Tribunals  5. Psychological Perspectives on Spanish and Russian Juries  6. American Military Courts-Martial: Processes and Procedures of Trials and Decisions  Part 2: Mixed (Lay and Professional) Juries  7. Issues and Prospects in European Juries: An Overview  8. Juries in Italy: Legal and Extra-Legal Norms in Sentencing  9. Human Justice or Injustice? The Jury System in France  10. Social-Psychological Implications of the Mixed Jury in Poland  11. Lay Judges in the German Criminal Court: Social-Psychological Aspects of the German Criminal Justice System  12. On Designing a Mixed Jury System in Japan

Reviews to date

'This book does not just describe the - sometimes unexpected - differences between jury systems in the world, but also eloquently explains the consequences. This is a must for any student of legal decision making and the jury.' - P. J. von Koppen, Professor of Law and Psychology, Department of Law, Maastricht University and Free University Amsterdam, the Netherlands

'This book is an important addition to the growing literature on lay participation in trials throughout the world. Each contribution is from an expert in the area. The book is readable for nonpsychologists, and will be of interest to anyone interested in the jury and jury reform.' - Sally Lloyd-Bostock, Professor of Law and Psychology, School of Law, University of Birmingham, UK



Child Pornography - An Internet Crime

Edition: 1st

Authors: Max Taylor & Ethel Quayle

ISBN:  1-58391-244-4

Publishers: Brunner-Routledge Taylor & Francis Group

Price:  £16.99

Publication Date: 2003


This book does not contain any pictures, or indeed any description that reveals the nature of child pornography in that sense.  This is good since there would be those who would take advantage of that fact and purchase this book for wrong reasons.  What is does contain is serious academic discussions.

The Obscene Publications Act 1959 made it an offence to publish an obscene photograph of a person, whether adult or a young person. The Protection of Children Act 1978 made it an offence to have possession of an indecent photograph of a young person under 16.

In R v Bowden, the Court of Appeal held that Downloading and/or printing of computer data of indecent images of children from the Internet was making a photograph contrary to the Protection of Children Act 1978. The term to make should be given its ordinary and natural meaning, "to cause to exist or produce by action to bring about" the 1978 Act was concerned not only with original photographs but also their proliferation .

The Authors’ pose the questions - Does the Internet engender sexual abuse of children? How do you identify sex offenders on the Internet?

The availability of child pornography on the Internet has become a cause of huge social concern in recent years. This book considers the reality behind the often-hysterical media coverage of the topic. Drawing on extensive new research findings it:

Examines how child pornography is used on the Internet.

Identifies the social context in which such use occurs.

Develops a model of offending behaviour to help better understand and deal with the processes of offending.

Detailed interviews and offenders' own accounts are used to illustrate the processes involved in offending and treatment.

The authors argue that we need to redefine our ideas of offending and that while severe deterrents need to be associated with possession of child pornography, a better comprehension is needed of the links between possession and committing a contact offence. Only by improving our understanding of this complex and very controversial topic can we hope to deal effectively with offenders and their child victims.

This book is an essential read for anyone involved with offenders or victims.

Contents:
The Nature of Child Pornography.

Adult Sexual Interest in Children.

The Internet.

Child Pornography and Adult Sexual Interest in Children.

 Metamorphosis.

A Virtual Community.

The Process of Collecting.

 A Model of Problematic Internet.

 Issues for Concern and Conclusions.

Professor Max Taylor is Professor of Applied Psychology at University College Cork and director of the COPINE Project. He is a Chartered Forensic Psychologist with extensive experience of research in areas related to the criminal justice system.

Dr Ethel Quayle is a College Lecturer in the Department of Applied Psychology at University College Cork and a researcher with the COPINE Project. She is a clinical psychologist with extensive experience of work with offenders. See also The Police Journal Volume 73 Number 1 2000 Child Pornography on the Internet, Khalid Khan


Quasi-Policing

Author: Leonard Jason-Lloyd

ISBN: 1-85941-836-8

Publishers: Cavendish Publishing

Price £27 RRP UK

Publication Date: 2003

Quasi-Policing provides an insight into the increasing use of civilians performing police and other public protection duties. Civilians are now significantly involved in airport security, the escorting of prisoners, court security, the management and security of custodial institutions, the execution of certain arrest warrants and the security of the Channel Tunnel. These security operatives have been given special powers under statute including specific powers to search persons, enter premises, search property and to temporarily retain certain articles.

The Police Reform Act 2002 introduces a menu of police powers which are now available to civilians directly employed by police authorities. The 2002 Act also enables private security companies to contract out escort officers and detention officers to police forces. The distinction between public policing and the private security sector will be even harder to identify.

This book begins by covering the legal provisions governing civilians performing public protection duties. It then describes the powers and duties of civilians who are part of the extended police family under the Police Reform Act. Anomalies in these legal provisions are identified and discussed.

Charts and diagrams are included, together with the complete text of the Private Security Industry Act 2001, and Part 4, Chapter 1 and Schedules 4 and 5 of the Police Reform Act 2002.

Quasi-Policing is the first book in this area and will be a valuable reference for the Police Service, the Prison Service, criminal lawyers, local authorities, and students on criminal law, criminal justice and human rights courses.

Contents include:

Part I: The Devolution of Public Protection Duties to the Private Security Industry: Airport Security; Magistrates' Court Security Officers; Prisoner Custody Officers; Custody Officers (Secure Training Centres); Immigration Removal Centres; Channel Tunnel Security; Civilian Enforcement Officers under the Access to Justice Act 1999. Part II: Designated and Accredited Civilians under the Police Reform Act 2002: the 'Extended Police Family'; Designated Civilians: Community Support Officers, Investigating Officers, Detention Officers and Escort Officers; Community Safety Accreditation Schemes; Miscellaneous Provisions. Part III: Regulation of the Private Security Industry: The Private Security Industry Act 2001.

About the Author:

Leonard Jason-Lloyd, BA (Hons), MISecM, FRSA, is a Senior Lecturer in Law at Coventry University and a Visiting Lecturer at the Scarman Centre at the University of Leicester, where he teaches security law.

INTRODUCTION

This book is intended to enhance awareness of a rising trend that constitutes an important issue in modern times. Its principal focus is on the increasing use of civilians who have been given special powers under statute for the performance of specific public protection duties.  Despite its significance, this evolving trend seems to have gone largely unnoticed, especially within a legal context (See Jason-Lloyd, L, 'Criminal justice legislation and the private security sector' (Parts I and 11) in (1996) Criminal Lawyer, March/April, pp 5-7 and May/June, pl' 4-8; and Jason-Lloyd, L, 'The devolution of public protection to the private security sector' (2001) 74(l) Police Journal, pp 68-71.)  Although significant research on the relationship between private security and public policing has been undertaken in recent years, (For a criminological perspective on this subject, see George, B and Button, M, Prhiatc Security, 2000, Leicester: Perpetuity; and Button, M, Private Policing, 2002, Devonshire: Willan.) there is a lack of information on the specific subject covered in this book.

The term 'quasi-policing', as featured in the title, has been used to convey the fact that many hereto police and prison service functions are being devolved from these State bodies to specially empowered civilians.  Therefore, this book focuses on the powers and duties of these civilians, who are performing certain functions more commonly associated with police and prison officers.  These individuals are to be distinguished from the uniformed operatives engaged in general security duties, such as those who patrol or guard factory and building sites, office blocks, supermarkets and other commercial centres, as well as uniformed security guards employed on cash-in-transit duties, who operate from armoured vehicles.

General security operatives are primarily employed to protect the assets of the clients who utilise their services, and are therefore limited to ordinary citizens' powers in the course of their duties.  These include the relevant powers to make arrests, in respect of arrestable offences, under s 24 and Sched 1A of the Police and Criminal Evidence Act 1984.  (This may also apply to the 'any person' arrest powers as illustrated in Appendix 3 (see below, p 109), the common law power to prevent or deal with a breach of the peace, and s 3(1) of the Criminal Law Act 1967.  Such powers come under the general heading of citizens' arrests and will be discussed in detail below. However, certain provisions under the Police Reform Act 2002 are beginning to change the overall balance between the powers of civilians and the police.  This will be discussed at length in the second Part of this book.

Most of the operatives discussed here are part of the private security industry. Many of them are supplied by security companies that are among the market leaders in this field. In recent years, this industry has increased massively in size and scope, and the Private Security Industry Act 2001 was passed mainly in response to this continuing expansion. It was also enacted due to increasing concerns regarding a minority of rogue elements within the industry.  These have inflicted disproportionate damage to the image and overall standing of the legitimate aspects of this activity.  In view of the increasing size and responsibilities of the private security industry, the 2001 Act will be crucial in enhancing public confidence in the providers of private security services.  This is particularly important in view of the specialised role of private security operatives who are specifically employed to perform public protection duties.

The Private Security Industry Act 2001, once fully in force, is intended to regulate the private security industry through a new body, named the Security Industry Authority (launched on 2 April 2003).  Its principal duties will include the maintenance of a licensing and inspection regime, as well as other work related to improving general standards within the industry.  The roles due to be regulated include manned guarding, already mentioned above, as well as key holders, security consultants, private investigators, door supervisors and even wheelclampers.`  (According to s 3 and Sched 2 to the Private Security Industry Act 2001.)

Currently, the Lord Chancellor's Department is endeavouring to include bailiffs within the ambit of regulation under the 2001 Act.  A fuller account of the Private Security Industry Act 2001 will be made in the third part of this book.

The first Part of the book will portray the powers and duties attributable to civilians who are specially empowered to perform specific public protection duties.  These special duties include security in magistrates' courts, airports, privately-managed prisons, the prisoner escort service, secure training centres and their escort arrangements, immigration removal centres and their escort arrangements, and security in and around the Channel Tunnel.  There will also be coverage of civilian enforcement officers, created under the Access to justice Act 1999 in order to execute routine arrest warrants instead of the police.  Very importantly, discussion of all the above operatives will include a number of contentious legal points concerning their powers.

The second part of this book focuses on what is called the 'extended police family' under the Police Reform Act 2002. For a number of reasons, this involves a slightly different concept to that covered in the first part.  Although the second part describes the extended use of civilians in police duties, it is important to note that many will be subject to the direct control of the relevant chief officers of police.  However, the statutory provisions concerning these designated and accredited civilians also contain many contentious points, which will be the subject of later discussion.

It is interesting to note that some designated or accredited civilians may come from the private security industry, which is a further example of this industry becoming increasingly involved in public protection duties.  Many would argue that this blurs the distinction between private and public security even further.  This assertion will be analysed in the second part of this book, although it will be some time before the full effects of these measures are finally known.  Meanwhile, the current role of the private security industry, in public protection duties rather than purely commercial risk management, will now be discussed.


An Introduction To Policing and Police Powers

An Introduction To Policing and Police Powers

ISBN : 1859417051

Publication Date : Apr 2005

Cavendish Publishing

Leonard Jason-Lloyd

Price : £24.95 RRP UK

Publishers title Information

This book provides clear and comprehensive coverage of the policing system and police powers. Flow charts and diagrams are included to explain key areas as clearly as possible. It addresses the core elements of policing and police powers and the effects of the Human Rights Act 1998 on policing are discussed.

This second edition has been revised and updated to take account of new legislation, case law and other developments in the area. It will be invaluable to students of constitutional law, criminal justice and civil liberties as well as practitioners needing a quick reference tool.

Contents

Introduction;
The Structure of Policing in England and Wales;
Police Powers to Stop and Search;
Police Powers of Entry and Search of Premises;
Police Powers of Seizure;
Police Powers of Arrest;
Police Powers to Detain;
Police Duties Regarding Evidence;
Complaints Against the Police;
Quasi-Policing;
The Human Rights Act 1998 - its Effect on Police Powers.


From the Author's Preface


In recent years, general interest in the study of policing and the application of police powers has increased substantially. As far as academic activity is concerned, the study of police powers and certain aspects of the nature of policing have formed part of constitutional law courses for many years and, more latterly, as a major component in the study of civil liberties. The most recent development has been their inclusion within criminal justice studies.

This book has been written with the newcomer in mind, including those with little or no legal knowledge who need to understand policing and police powers as part of wider study. It is not intended to provide an exhaustive treatise on this subject since this service is provided for in other works which are cited in the appropriate footnotes and constitute recommended further reading on particular topics. This publication is therefore focused on the key issues affecting the exercise of police powers which are most likely to be of interest to students as well as practitioners.

This publication is therefore designed for complete beginners as well as those with some knowledge of policing and police powers in an endeavour to help bring them as close to degree level on the subject as they are able to reach. It is also intended that this book will be of use to practitioners, whether in the legal profession or otherwise, who need a quick but comprehensive grasp of some of the most important aspects of this subject. The principal aim of this work is to make this study as accessible as possible to a wide range of students and practitioners, and to act as a stepping-stone to further indepth study, particularly to higher degree level. A further aim is to provide an updated textbook on the most widely used police powers which has become necessary in view of extensive changes in the law since the mid-1990s, as well as those that occurred in this early part of the 21st century.

In order to facilitate a better understanding of the subject and the way that it has evolved, the relevant statutory and other provisions have been reproduced at the appropriate stages where their wording is self-explanatory, as well as case law applicable to the points in question. However, it is not intended to submerge the reader in too many cases, rather than cite the most important and relevant case law applicable to the key areas of the subject. Charts and diagrams have also been included in order to facilitate better understanding of the more complex issues arising from the subject.

I have endeavoured to state the law as at 1 February 2005.

Leonard Jason-Lloyd April 2005


REVIEW

This book comes with a good pedigree. The University of Leicester is always in the forefront of those academic establishments that has recognised the need for the police service to become more professional and that there is also an untapped source of talent and practical knowledge that can be fitted on to academic learning.  Today Leicester offers the ambitious young police officer opportunities for distance learning that was unheard of not all that long ago.  The reviewer was fortunate enough to attend a course at the University in the mid- 1970s when the electronic age was just dawning and was able to pass on the possibilities that were being suggested and have since become certainties.  Where today would one find a battered manual typewriter in a police station?  Now the flat screen is God, although the completely computer literate generation of police officers is still just a little way off.

The book was first printed in 2000 and this second edition brings the subject right up to date. A lot has happened since 2000.  The pace of reforming legislation has accelerated from the previous decade, but a fast moving society has to assimilate change if it is to remain right on the cutting edge.

As is usually the case with books on policing, the author provides only the briefest of brief historical overviews of policing.  Sadly for a service so rich in social history, this aspect seems to get neglected in academic text books and much is left to retired police officers to write the history of the forces in which they served.  It is over 40 years since Tom Critchley wrote his ‘A History of the Police in England and Wales 900 - 1966.’ The time for a successor is well overdue.

The book under review includes comment on the Serious Organised Crime Agency that will come into existence in April 2006, when the National Criminal Intelligence Service and the National Crime Squad are integrated.  This new body has been dubbed the British FBI and seeks to move itself away from the traditional police service by altering the conditions of service of seconded police officers.  The reviewer is concerned about the powers which may be provided in the long run for this new body and the possible problems it may face with individual police forces.  It is a body that could easily run out of control and one wonders exactly what disciplinary monitoring might be needed and what transparency will be provided, to prevent a veil of secrecy being drawn over contentious issues under the guise of they not being in the public interest.

Without any doubt the most important comment in this book appears at page 10 when the autonomy of Chief Constables is questioned and a footnote suggests that the recent passing of the Police Reform Act 2002 queries whether they now have the total authority they have always insisted is theirs as of right.  It has always been a useful tool for politicians and civil servants to use, suggesting that a Chief Officer's autonomy when it comes to operational control is total and that various dictate are merely guidance.  This leaves problems wholly in police hands, but with international unrest manifesting itself in our streets, central government will have to assume responsibility for homeland security.  David Blunkett was reported as stating that a number of Chief Constables were not really up to their job and this book highlights problems that have arisen in the past in Derbyshire and Humberside, to which must be added incidents that caused the Chief Constable of Sussex to resign a few years ago.  The reviewer has always been of the opinion that central government holds ultimate control of the police service by virtue of its ability to withhold the finances of any force.  Perhaps the best example in recent time of this control was the action by Michael Howard as Home Secretary, in banning the issue of long batons to forces because of their use by the Los Angeles Police Department.

There now seems an increasing need for two tier policing in this country, the first to deal with important matters affecting the nation and beyond with a lower service dealing with what for many years were regarded as the bread and butter aspects of policing, which despite attempts by Chief Officers to maintain, are now being very largely ignored to the detriment of the community.  This is a matter which will have to be addressed sooner rather than later by a Royal Commission with one single term of reference – ‘What is Policing’?

The vast bulk of this book is given over to the powers of the police under the Police and Criminal Evidence Act 1984.  These are set out in various Codes of Practice, which the author, quite rightly deals with in some detail.  Each Code has attached a Note or Notes of Guidance for further clarification, but one wonders, why they are not incorporated into the Codes.  Could it be another case of politicians and civil servants ensuring that they can hide behind the coattails of the police service?

The Codes are altered at an alarming rate and they raise so many questions that need answering.  The provision of designated stations and the role of the Custody Officer are left in the hands of individual Chief Officers and one wonders exactly how these vary from force to force.  The rank of Sergeant to perform the role of Custody Officer is surely far too low in such a rank-structured and disciplined service and it would appear that the training for such a vital post is far from satisfactory.  With the call to put more uniformed police officers on to the streets, here is a post that could be civilianised.

The most worrying part of this book is Chapter 7 entitled ‘Policing by Civilians’, which if fully implemented would fundamentally change traditional policing for ever. Moreover it could allow Chief Constables far too much discretion as to what sort of law enforcement they may determine for their area, thus making for a form of postcode policing.  This aspect is admirably dealt with by the author on pages 227 – 230, under the sub title ‘Some operational concerns’.  The reviewer joins with the author in expressing such concerns, which appears to be without any form of comprehensive plan and may well leave the nation with some sort of poorly trained and disjointed Enforcement Agency.  This book does well to highlight what the future might portend.

Brian Rowland              995/08/05            8th August 2005


LINKS

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