All books for review to Rob Jerrard Please
Advising a Suspect in the Police Station
Edition: 7th Edition
Author: Anthony Edwards
Publishers: Sweet & Maxwell
Publication Date: 12 November 2009
Publisher's Title Information
With everything you need to know about advising your client in a handy pocket guide, Advising a Suspect in the Police Station:
Provides easily accessible guidance for solicitors and their representatives when advising a client at the police station
Takes you through the procedures and practice step by step
Sets out the different stages to follow from start to finish when representing a suspect
Includes instructions on conduct and formalities required
Decision trees help decide the crucial issues as to whether a client should answer questions in the interview
Includes a simple content list quickly taking the reader to the guideline required
Contains useful checklists
Covers new Judicial Studies Board guidance on inferences from silence
Updated with new legislation including updates to the Terrorism Act, and case law examining police powers of arrest of volunteers
Discusses issues such as identification procedures, persons under a disability, immigration matters and special cases
Explaining your role
The advice process
The solicitor's role: the purpose and significance of advice and assistance in the police station
The solicitor's role
Advice and assistance
Limitations on the solicitor's role
Significance at trial
Privilege and confidentiality
Initial request for advice
Locating the suspect
Refusal of access to solicitor
Initial call to police
Initial call to suspect
Attending the police station
Preparation to give advice
Avoiding inappropriate delay
Action at the police station
Mobile telephone and tape recorders
When to leave
Advice before interview
The law on inferences from silence
The options available to your client
Formulating your advice
Preparing your client for interview
Assistance during interview
Solicitor's role during interview
The start of the interview
Investigating officer's role
Intervention by solicitors
Audio recording of interviews
Messages to your client
Video recording of interviews
Detention, release, bail, diversion and charge
Detention reviews and continued detention
Release for further inquiries
Referral to Crown Prosecution Service
Detention after charge
Review after reprimand in police custody by court
Advice and representations of ancillary matters
Advice and making representations
Length of detention
Searches and examinations to establish identity (s.54A)
Search of premises
Non-intimate samples (mouth, swab, saliva, non-pubic hair, nails, skin impression (D.6.5))
Intimate samples (D.6.2)
Preservation of evidence
Drug testing and assessment (s.63B Code C.17)
The solicitor's role
Preparation and records
Requirement for identification procedure
Methods of identification
Video identification (D. Annex A)
The parade (D. Annex B)
Group identification (D. Annex C)
Confrontation (D. Annex D)
Persons at a disadvantage
Mentally vulnerable persons
The visually impaired/deaf etc.
Suspects requiring interpreters
The suspect groups
Assisting after the interview
Interrogation by service police
These guidelines were initially prepared by the Criminal Law Committee of the Law Society, and were first published in November 1985. They acknowledge a series of decisions of the Court of Appeal, stressing the significance of the genuine and reasonable reliance of a suspect on considered legal advice. The third edition was endorsed by the Lord Chief Justice and the Royal Commission on Criminal Justice, which recommended that "they should become more widely known, better understood, and more consistently acted upon" .
This guide benefits from the experience gained by practitioners in the police station since the implementation of the Police and Criminal Evidence Act 1984; and of the greater responsibility created by the changes brought into effect by the Criminal Justice and Public Order Act 1994. This edition takes account of increased police powers, increased opportunities for diversion from prosecution, the growing body of terrorist legislation and the updating of the law in relation to the armed forces. The cumulative effect of these changes is that the role of the solicitor, in advising at the police station, remains one of great importance in the administration of criminal justice.
Over 50 per cent of criminal investigations now conclude at the police station stage. The trial and sentencing processes have in many cases moved from the court to the police station. Good advice significantly affects the outcomes for clients, many of whom are at significant disadvantageboth at police station and in court.
These guidelines are designed to give immediate assistance to solicitors and their representatives as they work under pressure in the police station. They answer the question "what" to do; for information on "how" and "why" reference should be made to more detailed texts.
Sections of the Law Society's guide, Immigration Advice in the Police Station are relied upon in Chapter 12 with the kind permission of the Law Society.
The law is stated as at September 1, 2009.
Electronic Signatures and Identities Law and Regulation
Author: Lorna Brazell
Publishers: Sweet & Maxwell
Publication Date: 24 October 2008
Publisher's Title Information
With an analysis of the importance of signatures in both civil law and common law, and showing how this has been translated into legislation, Electronic Signatures and Identities:
Includes a detailed comparative examination of the laws and regulations in this area in over 60 overseas jurisdictions
Reviews the overlap between electronic identities and signatures, and the problems that electronic identities raise for data protection and individual privacy
Considers the latest case law and regulations and discusses the impact of standards such as the European Workshop Agreements on signatures
Reviews the latest developments and includes discussion of the contentious issues of biometrics and electronic ID cards
Provides all the information you need on electronic signatures in civil law
Presents advice on the implications of e-signatures so you can draft and negotiate the best terms for your client
Expands your understanding of the key issues across all the major international jurisdictions
Keeps you fully informed with a wealth of new coverage on new regulations, case law and developments
Provides you with crucial coverage of the UN Convention and Model Laws
Includes coverage of the UK, European Economic Area, Asia-Pacific, North America, Latin America, Russia, South
Foreword To The First Edition
The law of signatures has always had a whiff of technology about it. Whether the issue be the legitimacy of using rubber stamps or pre-printed forms, or the adequacy of a mere mark, there have always been those who argue that the method used to inscribe a signature is insufficiently permanent, unique, reliable or tamper-proof to satisfy a legal requirement for a signature.
The English common law has never had much truck with technological objections. No English reported judgment has ever struck down a signature on the ground alone that inadequate technology has been used to create it. Even an X impressed with a rubber stamp can constitute a signature. Other jurisdictions, less fortunate in their traditions, have placed great store by true manuscript autographs and notarisation or similar ceremonies.
The advent of electronic communications, and the ensuing discussion over what constitutes a valid signature in the electronic environment, have magnified these differences in legal tradition. They have also exposed gaps between technologists and lawyers. Technologists, assuming that the law requires absolute certainty in an ordinary signature, have set about building elaborate systems designed to achieve this. In fact neither the law nor the marketplace demands this degree of assurance for everyday use, and so far these systems have typically been taken up only for high value transactions.
Even after harmonisation of European electronic signatures laws by the Electronic Signatures Directive, the different national approaches survive. The UK implementation of the Directive is minimalist and facilitative. Other European countries reflecting their own traditions have implemented the Directive in a variety of more complex and prescriptive ways. To do justice to the topic of electronic signatures therefore requires a comparative approach, even within supposedly harmonised Europe. In this book my Bird & Bird partner Lorna Brazell has achieved this with distinction. She has covered 59 countries and territories, not merely reciting the legislation but illuminating it in the context of differing approaches to signatures.
The topic of electronic signatures ought to be simple. If each country's law were to state that a requirement for a signature is satisfied by a signature in electronic form and leave it at that, there would hardly be a book worth writing. Regrettably the laws are not so simple. The book is well worth writing, Lorna has done the subject more than justice and I commend her work to you.
Graham Smith, Bird & Bird
Preface To The Second Edition
The 1st Edition of this book was written in response to the wave of electronic signature legislation introduced around the world in the last years of the 20th Century and opening years of the 21st. The essential issues were summarised succinctly in the Preface kindly contributed to that edition by my partner Graham Smith: the disparate requirements of civil and common law jurisdictions as to the formalities of signature; and the further complexities added by the mutual incomprehension of technologists and lawyers.
None of that has fundamentally changed. Although in the five years that have passed, a trickle of cases on the question of what constitutes a legal electronic signature has started to emerge, none have dealt with digital signatures, the legislators' favourite, nor have many related to the new legislation. Nonetheless, the results give a taste of things to come. For instance, several courts have considered whether a name appearing automatically as part of an email header amounts to a signature, and different answers have been reached in different jurisdictions and legal contextshardly surprising, given the range of legal functions a signature may perform. No doubt in time other forms of electronic signature will be judicially tested, with similarly diverse results.
What has changed is the context in which electronic signature legislation is operating. When first addressed by UNCITRAL and the European Commission, the focus was principally on signature as a means of authenticatingin the sense of conferring approval or legal significance upona data message, the jargon term for electronically transmitted documents. This precisely reflected one traditional legal function of handwritten signatures: by signing, the paper document became an original whose terms were enforceable against the signatories, having tremendous evidential significance in civil law systems.
Since then, the focus of discussion at international level has moved onto a separate question which may also in part be addressed through signature technologies: the question of identifying the signing party, also (confusingly) described as authentication.
Identification in remote transactions is not, in the abstract, any more problematic than identification in face to face transactionsthe only information inevitably available through meeting a stranger face to face relates to their physical attributes such as age, gender, ethnicity, none of which are likely to be material to the majority of transactions. Rather, what has happened is that transacting in the electronic environment has, by removing even that superficial information about a counterparty's identity, caused people to think far more closely about what attributes it is that matter and how those are to be verified.
Many civil law systems have a well-established tradition of population registers and in some cases identity cards. For these systems, there is an immediate and obvious extension to the electronic environment. When identity cards become electronic, signature technology can be incorporated as one of the applications they can support. That, at least, was the initial reaction and in some countriesEstonia being the front-runnersuch electronic IDs are now being implemented. But such national initiatives raise very substantial difficulties when it comes to transacting across borders. Without international standardisation of the technologies being used, the resulting signatures are unlikely to be interoperable and may therefore be of very little practical use. Accordingly, even where electronic identity cards and signature technologies as such are not seen as problematic, at the regional and international levels co-operation at least in setting technical standards is essential. This has proven to be a non-trivial task. Nevertheless, over the past five years work has gone forward in a number of fora, primarily in Europe but with participation from other regions. At the OECD, considerable work has been put into the question of what is meant by identity, how the attributes relevant for particular transactions should be assessed and to what level of assurance, since commercial transactions may require quite different attributes from transactions with government for instance.
There are also serious questions as to how the data relating to an individual's many "partial identities" should be stored and controlled. It is well recognised that a system which requires individuals to give up their privacy in order to transact remotely is unlikely to achieve widespread acceptance. Centralised databases of individual data also represent a major challenge for information security, since they will inevitably be the target of myriad attacks, from seriously malicious to merely mischievous.
The three party "notarial" model of electronic signatures, under which an individual's signature is certified to belong to that individual by an independent third party, has some similarities with a system for authentication of the individual. The verification of identity and/ or attributes is carried out by the third party, and the signature mechanism is tied to the certified identity by a verifiable signature of that third party. Thus, a person receiving a document signed by the signature mechanism has some grounds for confidence that the signatory has the associated identity and/or attributes. This level of authentication may provide sufficient confidence for the vast majority of commercial transactions. In the commercial context, signature and identity issues are thus already tightly intertwined. Governments may need a higher level of confidence before supplying services to an individual, but once an identity has been verified the roll-out of electronic identity cards incorporating signatures for transacting with government may stimulate wider take up and use of advanced signature technologies in commerce as well.
For these reasons it seemed appropriate to change the title for this edition. The material relating to signatures still makes up the bulk of the work, since there is presently a vast amount more both of law and of regulation on that topic. But the emerging issues of electronic identity are only going to become more significant in the coming decade as governments around the world move to increase efficiency through moving services online so called eGovernment. The major common law jurisdictions are at the same time moving from the most relaxed attitude to identity, paralleling their formerly relaxed attitude to signatures, to contentious proposals for identity cards and absolute mechanisms for identification of travellers and citizens. The implications for civil liberties and data protection are bound to reverberate ever more strongly in discussions of electronic signatures law in the future.
Lorna Brazell July 2008