"INTERNET LAW BOOK REVIEWS", Provided by Rob Jerrard LLB LLM

Thomson, Sweet & Maxwell books Reviewed in 2010

E-Mail address

All books for Review to Rob Jerrard Please


Archbold Magistrates' Courts Criminal Practice 2011
Edition: 2011: 7th Edition
Format: Hardback
Author: General Editor: District Judge Barbara Barnes
ISBN: 9780414043091
Publishers: Sweet & Maxwell
Price: £199
Publication Date: 24 Aug 2010
 
Publisher's Title Information
 

Bringing you the authority, trust and reassurance you would expect from Archbold, but designed specifically for the magistrates' court, Archbold Magistrates' Courts Criminal Practice 2011 arms you with all the expertise you need to successfully practice in the magistrates' court.
Covers all criminal matters dealt with in the magistrates' court
Follows a chronological order, so that you can find the information you need quickly
Gives you the law and procedures from those who really understand how it works
Provides practical guidance on substantive law, showing what the prosecution must prove, defences and sentencing for each offence
Includes full citation of authorities from statute and case law which can be cited in court
Features specialist coverage of youth courts, with guidance on proceedings and the regime for vulnerable witnesses
Sets out how to deal with mentally disordered offenders, showing what special arrangements apply
Contains flowcharts, procedural checklists, core statutory material, Codes, Rules and Practice Directions for ease of reference
Ensures portability with a one-volume format, ideal for court use
Keeps you up to date with a supplementation service

What's new for the 2011 edition?

The new 7th edition incorporates all relevant changes brought about by the Coroners and Justice Act 2009, the Policing and Crime Act 2009 and the Crime and Security Act 2010 as they affect bail, evidential matters, sexual offences and police powers. It also tracks all the various changes implemented by the Criminal Justice and Immigration Act 2008 to date.
 
A full copy of the Criminal Procedure Rules 2010 is included as well as the new Code for Crown Prosecutors, and the PACE Codes, printed in an updated version and incorporating changes relating to digitally recorded interviews.
 
A copy of the Sentencing Guidelines Council definitive guidelines on the overarching principles and general approach to be applied in the sentencing of youths is now included. In addition, the considerable case law on the evidential provisions of the Criminal Justice Act 2003 as regards bad character evidence and hearsay, and a selection of the most important developments are included.

Contents

Pre-trial issues
Criminal investigations
Constitution and jurisdiction
Extradition
Commencement of proceedings
Bail
Disclosure
Pre-trial procedure: live links
 
summary trial
Witnesses
Evidence
Challenging decisions
 
specific offences
Offences of violence
Sexual offences
Property offences
Public order offences
Road traffic offences
Offences involving drugs
Customs and excise offences
Regulatory offences
Corruption and other offences against public morals and policy
 
Sentencing
 
Youth courts
Jurisdictional issues
Bail in the youth court
Sentencing in the youth court
 
Mentally disordered offenders
 
Legal aid and costs
 
Appendices
The PACE Codes
Code of Practice on Disclosure
Attorney-General's Guidelines on Disclosure
Attorney-General's Guidelines on Acceptance of pleas
Code for Crown Prosecutors
Consolidated Criminal Practice Direction
Most relevant sections of the new
CPR rules

Authors

Barbara Barnes, General Editor, is a District Judge based in Middlesex with 20 years experience in the magistrates' court; most recently as the Justice' Clerk in Greenwich.

Gaynor Houghton-Jones is a Justices' Clerk with thirty years' experience. She has written advisory manuals for magistrates' clerks and was President of the Justices' Clerks' Society (2002).

Kevin McCormac OBE is Head of the Sentencing Guidelines Secretariat supporting the Sentencing Guidelines Council and Sentencing Advisory Panel. Formerly a Justices' Clerk and Justices' Chief Executive, he was President of the Justices' Clerks' Society for 2000/01. He is also the General Editor of Wilkinson's Road Traffic Offences.

David Corker is a solicitor with Corker Binning and has a wide experience of criminal defence work.

Gillian Jones is a barrister at 18 Red Lion Court, a leading criminal defence chambers. She is a committee member of the Criminal Bar Association.

Jeremy Coleman is a District Judge based at West London magistrates' court. Before becoming a District Judge, he was a solicitor in private practice specialising in work in the magistrates' courts, and particularly in the youth court for 20 years.

Will Carter is a barrister at 1 Paper Buildings and has worked on Archbold: Criminal Pleading, Evidence and Practice for over 10 years.

Stephen Shay is a barrister at 1 King's Bench Walk and has worked on Archbold: Criminal Pleading, Evidence and Practice for over 10 years.

Stephen Leake is a barrister specialising in criminal law and a regular contributor of case reports to the Criminal Law Review.

Louise Cowen, Assistant Editor, is a PhD student at the Institute of Criminology, Cambridge.


Reviews to Date

A Well structured for those on a mission to solve a puzzle in the courtroom, solicitors journal

Review

This is the seventh edition of this book, which first appeared in 2004. From the outset, the intention was to create a concise and authoritative guide to law and procedure as applied in the Magistrates Courts for the use of Practitioners and students alike and designed to complement the Archibald volume used in the Crown Court. Since 99.7% of all cases are dealt with in the Magistrates Court, this book would be a great asset to Police Officers as well.

With this seventh edition Archbold Magistrates' Courts Criminal Practice has become recognised as a helpful and authoritative guide for practitioners in the Magistrates Court and for others (and I include myself) who need comprehensive coverage of the law and statutes combined into one book.

In July 2004 in the Preface to the first edition, the then General Editor (Nicky Padfield) wrote:-
'...This book represents the birth of a new work which we hope will prove hugely useful to those who work in the magistrates courts...Practitioners will be well aware that the pressure has been on the authors of Archbold to limit the size (and weight) of their authoritative work. They have not been able to focus on summary trial issues. The publishers have long envisaged a companion book which would complement Archbold by providing the legal support needed by practitioners in the magistrates' court...We hope that readers will let us know what they think. In that first Preface reference was also made to whether it was a good time to launch a new book, because 2004 was a time of great change.'

In this edition the authors have incorporated all relevant changes brought about by the Coroners and Justice Act 2009, the Policing and Crime Act 2009 and the Crime and Security Act 2010 as they affect bail, evidential matters, sexual offences and police powers. The Authors hope they have tracked all the various changes implemented by the Criminal Justice and Immigration Act 2008 to date. Further changes will be covered in the annual supplement. The appendices have also been updated with the full copy of the Criminal Procedure Rules 2010 being included and also the new Code for Crown Prosecutors. The PACE Codes are also printed in an up-dated and revised version to incorporate changes relating to digitally recorded interviews etc.

There is also a new appendix which consists of a copy of the Sentencing Guidelines Council definitive guideline on the overarching principles to be applied in the sentencing of youths and the general approach at Appendix J.

There continues to be considerable case law on the evidential provisions of the Criminal Justice Act 2003 as regards bad character evidence and hearsay and a selection of the most important developments are included.

The challenge this initially represented has continued to grow over the years, so that issues of portability and accuracy have become even more demanding to meet with the tidal wave of legislation and the body of new case law to accompany it. The book is still just about manageable.

This is an excellent reference book, which to my mind meets all the requirements. It is easy to follow and with everything in logical sequence.

As a Reviewer, I am always inclined to test a book practically by picking out a common offence to see how the book matches up with my requirements. Therefore, looking at 'Possession of Offensive Weapons, Prevention of Crime Act 1953 Section 1' I find at 13-121 the offence is defined, (the statutes) and it states that it is triable either way and gives the element to the offence followed by all the law on the points to prove, including cases up to 2009, eg R [2008] 1CR APP R 26 CA, which held that a 'sand glove' was capable of being an offensive weapon. It concludes with key factors and sentencing ranges. The Theft Acts 1968 and 1978 are well covered as is Fraud and many other everyday subjects. For my part this passes the test and would provide all a practitioner or Police Officer needed in a Magistrates Court.

It has become a book I would not like to be without.

This edition is published including the law as it stood on the July, 2010.

Rob Jerrard

Police Station Adviser's Index
Edition: 4th
Format: Hardback
Author: Brian Spiro; Stephen Bird
ISBN: 9781847030207
Publishers: Sweet & Maxwell
Price: £69
Publication Date: 19th Nov 2010
 
Publisher's Title Information

Fully up to date with the latest legislation including the latest PACE Codes and changes made by the Terrorism Act 2006, The Police Station Adviser's Index:
Looks at the law and procedure and offers practical hints and guidance on all areas an adviser is likely to encounter
Covers preparing for interview, bail, identification procedures, the right to silence, complaints, custody records, fingerprints and records, terrorist suspects and warrants of further detention
Goes through each topic in alphabetical order for ease of use and reference
Offers an account of the law; detailing the practice and procedure in how the law operates with step by step guidance
Discusses the most common problems that arise, suggesting methods of dealing with them, and giving other professional tips
Includes helpful marginal instructions and a shaded tabs index to allow the user to find information easily when under pressure
Sets out the different stages a solicitor or police adviser must take in handy bulleted lists
Examines in detail the processes for interviewing Juvenile Suspects, Terrorist Suspects and Mentally Disordered Suspects - a separate chapter is provided on each special category of suspect
Provides clear guidance on all immigration aspects, including the role of interpreter
Goes through the complete process of information gathering - from requests for samples (intimate, non-intimate and handwriting), fingerprints, identification and other such procedures
Makes it clear how the new PACE Codes of Practice need to be interpreted
Contains the most up to date case decisions: R v Howell; R v Hoare and Pierce, R v Beckles, Al Fayed and others v Commissioner of Police for the Metropolis and R (R) v Durham Constabulary and another
Discusses important changes introduced by recent legislation such as Terrorism Act 2006, changes to immigration law and procedure resulting from the Asylum and Immigration (Treatment of Claimants etc) Act 2004 and Asylum and Immigration Tribunal (Procedure) Rules 2005 will be covered, as well as changes to bail and serious arrestable offences

Preface

Since the first edition of this book was published in 1995, the Government of the day has continually interfered with the criminal justice system; with change after change made to the laws, rules and regulations affecting the journey from arrest to trial.

Many of these changes have limited the rights previously enjoyed by suspects and defendants on the basis that there has been a need to re-balance the system in favour of "the victim". However, eroding the rights of the suspect of crime does nothing to protect the rights of victims of crime.

In the last 15 years we have seen alterations to the law in every key area of the process including: limitations to the right of silence in the police station and at court, the introduction of rules allowing hearsay evidence to be adduced more easily, the ability to introduce evidence of a defendant's previous convictions and even brushes with the law falling short of conviction, an increase in the use of special measures allowing witnesses to be "protected" from the defendant in court, allowing witnesses to give evidence anonymously, restrictions on cross-examination of witnesses in certain cases, and an increase in the powers of police to take samples and fingerprints from those arrested and to retain them even if no charges are brought. It has been invariably the case that these changes have been made to the detriment of the person suspected or charged with a crime without any evidence that they have improved the rights or position of those who have been the unfortunate victims of crime.

During the same period we have also seen a relentless reduction in the public funding available for those who find themselves in need of a criminal lawyer, with wave after wave of cuts to rates of pay and payment structures. Police station cases are now paid on a fixed fee basis: providing a perverse incentive to lawyers to deal with quick, straight forward cases rather than more complicated and time consuming cases for which the same fee is likely to be payable. Out of hours rates have also been swept aside so that the same fee is now payable for work advising an alleged shoplifter at 2p.m. as for advising an alleged murderer at 2a.m.

There is every indication that these attacks on the rights of those accused of committing crime, and the work of those who represent them, will continue. So, for example, it is rumored
that the new Government is considering restricting face to face access to a legal adviser to those arrested for serious offences only. If such a proposal was to be enacted, there would be the distinct danger of a return to the pre-PACE days when there was no automatic right to an accused person held in custody to meet, and consult privately, with a legal representative; a right that we see as fundamental in a democratic, common law based, country.
This book seeks to guide the legal adviser through the increasingly complicated maze of law and procedure applicable to the police station stage of a criminal case. Many cases are won or lost in the police station and good advice at this stage can have the most profound impact on the course of the case for the client.

The book retains its tabbed alphabetical chapters and basic structure setting out the law, practice and procedure and providing some practical guidance to the embattled adviser. It is designed to be used under pressure and we hope that we have been successful in that aim.

There are always notes of thanks to be passed on in the writing of any book and this one is no exception. It has been a difficult task again to update the book given the myriad changes since the last edition and most thanks are due to our families who really have had to endure the inconvenience of our spending lengthy periods of time in front of the computer rather than with them. We are also indebted to all those at both BCL Burton Copeland and Birds Solicitors who assisted us including: John Binns, Diane Calnan, Linda Enstein, Alexandra Forbes, Aaron McCalister, Tom McNeill, Paul Morris, Ellen Peart and Emma White. Particular thanks are due to Durran Seddon for his assistance with the immigration chapter and Lieutepant Colonel Keith Eble, Army Legal Services Branch, for his assistance with the armed services chapter (both areas of the law in which there have been many significant changes since the last edition). Finally, we would also like to thank Sara Taheri-Panah and Madelaine Overton of Thomson, Sweet & Maxwell for their support and never ending reserves of patience.

We have stated the law as at August 1, 2010 and have dealt with funding issues as per the Standard Criminal Contract 2010 which came into force on 14th July 2010.

Brian Spiro and Steven Bird


Preface to First Edition

This index has been designed as a comprehensive reference guide for all lawyers, be they qualified or not, who represent clients in police detention.

It is often said that the most critical juncture in the criminal process is the period spent by a suspect in the police station. During such time he may be subject to interview, search, identification and other procedures, and thereafter vital decisions will be made as to whether charges should be brought and bail be granted. Each of these processes is likely to have a profound effect upon any subsequent criminal proceedings. For these reasons, the police station adviser must not only be experienced and well informed but also have ready access to authoritative explanations of each area of the relevant law. It is intended that this work will provide such guidance and be of particular benefit in situations where information is needed literally at one's fingertips.

The index covers fully the significant changes introduced by the Criminal Justice and Public Order Act 1994; most notably the severe limitations imposed upon the common law right of silence. It incorporates the newly revised PACE 1984 Codes of Practice and reproduces these, together with relevant sections of the Police and Criminal Evidence Act 1984 and the Criminal Justice and Public Order Act 1994, in the appendices.

Most of the index topics are divided into three sections. First, there is an account of the law. Secondly, we explain the practice and procedure in how the law operates. Lastly, under the heading of "Practical Guidance", we discuss the most common problems that arise, suggest methods of dealing with them, and give other professional "tips".

We can only apologise for the constant use of the male pronoun throughout the indexclarity having won the battle against political correctnesswe certainly intend no disrespect to any female colleagues, clients, or police officers.

As is inevitably the case when writing such a work there are many other persons to whom we are deeply indebted. Particular thanks are due to Anthony Burton, David Walsh, Judy Morgan, Richard Locke, Caroline Flambard and the rest of Simons, Muirhead and Burton; Cecily Engle; Charlotte Friedman and


Intellectual Property: Patents, Copyrights, Trademarks & Allied Rights
Edition: 7th
Format: Paperback
Authors: William Cornish; David Llewelyn & Tanya Aplin
ISBN: 9781847039231
Publishers: Sweet & Maxwell
Price: £38.95
Publication Date: 24th Aug 2010
 
Publisher's Title Information

Long established as the leading textbook in this area of law, Cornish and Llewelyn Intellectual Property provides up to date and authoritative coverage of the whole spectrum of IP law as it applies to the UK.
Goes through the main types of IP chapter by chapter, making it easy for the reader to find what they are looking for
Explains what the different types are and the common grounds they share
Includes chapters on IP rights under EU law, IP and personal privacy, IP and digital technology, IP and biotechnology
Enables understanding of the text with supporting cases, references and explanatory narrative putting everything in to context
Draws on legislation from UK, EU and international sources
Includes coverage of key legislative and case law developments
Contains tables including European Legislation and International Treaties, Conventions and Agreements

Contents

Part One: Common Ground
Starting Points
The Enforcement of Rights
Part Two: Patents
Growth and Purpose of Patents
The Patent Grant and Content
Validity
Scope of Monopoly
Property Rights and Exploitation
Part Three: Confidence and Personal Privacy
Confidential Information
Personal Privacy
Part Four: Copyright and Designs
Range and Aims of Copyright
Substance of Copyright
Infringement of Copyright and Moral Rights
Property Rights and Exploitation
Copyright: Particular Cases
Industrial Designs
Part Five: Trade Marks and Names
Competitor and Consumer
Registered Trade Marks
Part Six: The European Dimension and New Technologies
Intellectual Property in the European Union
Digital Technology: Computers and The Internet
Intellectual Property and Biotechnology
Appendices
Competition Law
Joint Interests in Marks, Names and Symbols
Plant varieties

Review to date

The book is essential for all serious students of the field." EIPR
"This book continues to be one of the key titles in this field." New Law Journal
 


Cases and Materials on International Law
Edition: 7th
Format: Paperback
Author: David Harris
ISBN: 9781847032782
Publishers: Sweet & Maxwell
Price: £36.95
Publication Date: 25th June 2010
 
Publisher's Title Information

This highly popular work draws together in one volume an exhaustive selection of cases, materials and background information on public international law.
Supplements cases and materials with expert commentary and analysis
Provides broad and comprehensive treatment of the subject making it a sound basis for any Public International Law course
Incorporates all major developments in the subject, including the expansion of human rights issues in International law
Revised layout ensures clarity and ease of use
Includes extensive cross-referencing and a detailed index to facilitate easy access
Introduction
The Sources of International Law
International Law and Municipal Law
Personality
Territory
State Jurisdiction
The Law of the Sea
State Responsibility
Human Rights
The Law of Treaties
The Use of Force by States
Arbitration and Judicial Settlement of Disputes
Introduction
The Sources of International Law
International Law and Municipal Law
Personality
Territory
State Jurisdiction
The Law of the Sea
State Responsibility
Human Rights
The Law of Treaties
The Use of Force by States
Arbitration and Judicial Settlement of Disputes
Introduction
The Sources of International Law

Part of the Introduction

1. INTERNATIONAL LAW AS "LAW"
BRIERLY, THE LAW OF NATIONS
Waldock (6th edn, 1963), pp.41-42, 68-76

Law can only exist in a society, and there can be no society without a system of law to regulate the relations of its members with one another. If then we speak of the "law of nations", we are assuming that a "society" of nations exists, and the assumption that the whole of the civilized world constitutes in any real sense a single society or community is one which we are not justified in making without examination. In any case the character of the law of nations is necessarily determined by that of the society within which it operates, and neither can be understood without the other.

The law of nations had its origin among a few kindred nations of western Europe which, despite their frequent quarrels and even despite the religious schism of the sixteenth century, all had and were all conscious of having a common background in the Christian religion and the civilization of Greece and Rome. They were in a real sense a society of nations. But the rise of the modern state system undermined the tradition of the unity of Christendom, and eventually gave rise to those sentiments of exclusive nationalism which are rife in the world today. It is true that side by side with this development there has been an immense growth of the factors that make states mutually dependent on one another. Modem science has given us vastly increased facilities and speed of communications, and modern commerce has created demands for the commodities if other nations which even the extravagances of modem economic nationalism are not able to stifle. If human affairs were more wisely ordered, and if men were clearer-sighted than they are in seeing their own interests, it might be that this interdependence of the nations would lead to a strengthening of their feelings of community. But their interdependence is mainly in material things, and though material bonds are necessary, they are not enough withobt a common social consciousness; without that they are as likely to lead to friction as to friendship. Some sentiment of shared responsibility for the conduct of a common life is a necessary element in any society, and the necessary force behind any system of law; and the strength of any legal system is proportionate to the strength of such a sentiment.

It has often been said that international law ought to be classified as a branch of ethics rather than of law. The question is partly one of words, because its solution will clearly depend on the definition of law which we choose to adopt; in any case it does not affect the value of the subject one way or the other, though those who deny the legal character of international law often speak as though "ethical" were a depreciatory epithet. But in fact it is both practically inconvenient and also contrary to the best juristic thought to deny its legal character.


Elliott & Wood's Cases and Materials on Criminal Law
Edition: 10th
Format: Paperback
Authors: Michael Allen; Simon Cooper
ISBN: 9781847039200
Publishers: Sweet & Maxwell
Price: £31.95
Publication Date: 25 Jun 2010
 
Publisher's Title Information

Widely recognised as the leading sourcebook in the field, Elliott and Wood's Cases and Materials on Criminal Law provides an extensive collection of cases, statutory provisions, recently published articles and comments designed to defi ne, explain and illustrate the main principles of criminal law.
Places the emphasis on the cases and materials, using text for introductory and explanatory purposes
Uses notes and questions to assist and stimulate students to think critically about the subject and to promote further study
Incorporates a wealth of important key case law including Kennedy (No 2) on causation; Saik on the mens rea for conspiracy; Rahman on joint enterprise; Heard on intoxication; Bree on intoxicated consent and Jheeta on deception and consent, in the Sexual Offences Act 2003
Includes coverage of the latest statutory developments including changes brought about by the Fraud Act 2006;Corporate Manslaughter and Corporate Homicide Act 2007; Criminal Justice and Immigration Act 2008; and the Coronersand Justice Act 2009

Contents

Introduction
Actus Reus
Mens Rea
Mental incapacity
Defences
Degrees of responsibility
Inchoate offences
Homicide
Non-fatal offences against the person
Theft and robbery
Fraud
Blackmail
Handling
Burglary and kindred offences
Criminal Damages

Preface

In the four and a half years since the last edition there has, as usual, been a considerable judicial and statutory activity in numerous areas of the criminal law. This edition sees a significant number of major revisions which have necessitated a complete review of several chapters. New statutory provisions include the Fraud Act 2006; Corporate Manslaughter and Corporate Homicide Act 2007; Criminal Justice and Immigration Act 2008; and the Coroners and Justice Act 2009. Amongst the wealth of new case law included in this edition is Kennedy (No 2) on causation; Saik on the mens rea for conspiracy; Rahman on joint enterprise; Heard on intoxication; Bree on intoxicated consent and Jheeta on deception and consent, in the Sexual Offences Act 2003. The publishers have introduced a new page format and layout to assist the reader in digesting and understanding the context. The new format is, we hope, kinder on the eye and makes the text much more user-friendly for the reader.
 
We would like to express our gratitude to the team at Sweet & Maxwell for their support.
 
The manuscript was delivered to the publisher in January 2010 and the law is stated as at January 2010.
Mike Allen and Simon Cooper January 2010


Jowitt's Dictionary of English Law
Edition: 3rd 2010
Format: Hardback in Two Volumes
Author: General Editor:Greenberg
ISBN:
Publishers: Sweet & Maxwell
Price: £395
Publication Date: 25th May 2010
 
Publisher's Title Information
 


Providing a concise, but comprehensive and authoritative, definition of each expression which forms part of the fabric of English law, Jowitt's Dictionary of English Law:

Gives a distillation of legal concepts providing a first point of reference for research or for understanding an unfamiliar area of law
Covers European terms/law in so far as they form part of the law of England and Wales
Can be used to accurately draft, interpret and understand legal terminology and legal materials
Provides clarity on the meaning of words, for example as to what the terms of a contract might mean
Can be used as a guide when drafting legal documents or agreements as to the use of appropriate terms and terminology
Is a research tool in relation to historic and modern English legal terms
Provides the historical context of words
Complements and is cross-referenced to Stroud's Judicial Dictionary
Provides a unique authority as the only comprehensive dictionary of English Law
 

From the Preface to the 3rd Edition

Introduction

More than 30 years have passed since the last edition of Jowitt. So every entry that was not already purely historical when the last edition was published (and some that were) has had to be revised.
 
In past ages there seem to have existed certain giants of legal knowledge each of whom was capable of producing or revising a general legal dictionary without help. If that really was ever the case, it is certainly no longer so. In order to produce a dictionary that could hope to be authoritative and comprehensive it was necessary to assemble a broad editorial team and to enlist the support of many others for particular tasks. The editorial team was selected by issuing a very broad invitation throughout the ranks of those who were likely to be qualified to contribute, and by inviting those who were kind enough to respond to share in the project. The result was a very happy one: a group of dedicated and enthusiastic experts.

What is Jowitt?

The editorial policy for a dictionary is of crucial importance. The editorial team decided at an early stage that Jowitt is a dictionary and not an encyclopaedia: it should explain the meaning of those terms that together form the structure of the law, rather than attempting to summarise the substantive law on every topic. A number of articles in the first two editions arguably crossed the line, being unnecessarily long for a mere explanation of the meaning and function of a term but unacceptably short for an authoritative exposition of all relevant law. There were also a considerable number of entries that arguably did not belong at all in a dictionary of legal words and phrases.
 
So we set about the third edition with a revolutionary zeal, determined to cull a lot of extraneous material: but we quickly found that much of the material was too good to lose altogether and was not likely to be found anywhere else. For example, what place does a definition of "Castleward" have in a modern legal dictionary? Probably none: but if we remove it, it is gone forever and lost to the one-in-a-million historical researcher who might need it. So Jowitt still betrays its origins to some extent: the preface to the first edition acknowledged how much the work owed to liner's Abridgement, and the selection of entries still occasionally betrays the work's original debt to what was more an encyclopaediaand not an exclusively legal encyclopaedia, at thatthan a dictionary.
 
In accepting this result we have relied to some extent on the fact that since dictionaries are alphabetical, it does not matter much if the contemporary entry you are looking for is flanked by a dozen entries on each side of only historical relevancethey will not significantly interfere with your finding the information you seek. And it is surprising how often archaic legal terms do turn up in contemporary documents. The historical entries of the dictionary also serve to show how many purported innovations turn out to be merely reinventions of once-familiar concepts, and how ideas thought archaic and discontinued are in fact more contemporary than one might think or like to think: so, for example, the entry for the much-vaunted Explanatory Notes for Parliamentary Bills is cross-referenced to the Breviates of which they are merely a belated revival, while the barbaric medieval Castigatory is cross-referenced to the equally barbaric, but disconcertingly contemporary, Waterboarding.
 
The intention is for Jowitt to serve as a companion work to Stroud's Judicial Dictionary. As a legal dictionary, Jowitt lists expressions forming part of the mechanism of the law of England and Wales. As a judicial dictionary, Stroud lists words and phrases that have been defined by judicial dictum or legislative provision. There is some overlap, but less than might have been expected. So, for example, "garden" appears in Stroud but not Jowitt-, "bounty" appears in Jowitt but not Stroud; and "lease" appears in both. Where an expression listed in Jowitt receives particular added value from the judicial or legislative definitions in Stroud, the entry includes a cross-reference to that effect.

Review

If I were to list the specialist contributing editors as part of this Review, it would indicate immediately the immense size of a work of this nature. I make it seventy-nine , which if added to the General Editor and other senior contributing editors, adds up to eighty-four in all. Quite a team and moreover a team with a demanding task, considering it is thirty years since the last edition.

The Preface does explain that this is essentially a dictionary and the editors intended to cull a lot of extraneous material. I cannot help but notice that for some reason the term AB for Able Seaman is the very first entry, yet no entry appears for OD, which any Naval person would know stands for Ordinary Seaman. I am surprised to find AB in it at all.

Obviously with a work of this size it is necessary to keep within certain bounds, although as the Editor says, 'not being unnecessarily long for a mere explanation of the meaning or function of a term, but unacceptably short for an authoritative exposition of all relevant law'. The test is, does the work fit that criteria - it is for us the readers to judge.

Looking at some of the entries they refer to the past, eg the entry for 'Theft' says that it is still a generic term for Larceny, which went with the enactment of the Theft Act 1968. Admittedly one can look up the definition of Larceny, which itself uses the term 'Joyriding'. This is of course merely a street term for 'Taking a Conveyance', which again can be looked up - thus very good cross-referencing.

Your Reviewer looked at other examples, one of them being 'Offensive Weapons'. I found no reference to 'The Prevention of Crimes Act 1953'. Albeit over the years other statutes have amended it, however I should have liked to see this definition covered in a little more detail.

Not found were the terms 'Making Off Without Payment' or 'USI' (Unlawful Sexual Intercourse). Neither represent a problem because, the term 'sexual offences' is well covered and most of the Theft Act is cross-referenced.

Other definitions looked up and found were 'Indecent Exposure', 'Indecent Assault', 'Indecent Displays' and 'Obscenity', although the actual definition 'Indecent Photography of Children' was not found, you can look up 'Photograph'. This indicates that this area is well covered, which is a good test.

I am not prepared to accept that a 'Police Community Support Officer' is 'An alternative name for a Special Constable'; their powers are not the same. The City of London Police deserve an entry, you have to look up 'Commissioner of Police for the City of London'

As a general dictionary of English Law it would provide an overall coverage, particularly of the more obscure older terms. However specialists in each field would do well to rely more on recent additions of textbooks published in their particular specialisation.

At £395 this is an expensive item, however I'm sure that Barristers' Chambers or Universities would wish to have a copy in their Reference section and it is highly recommended to anyone else who can afford it.

Rob Jerrard


Media Law
Edition: 5th
Format: Paperback
Author: Professor Peter Carey; Peter Coles; Nick Armstrong
ISBN: 9780414042131
Publishers: Sweet & Maxwell
Price: £26.95
Publication Date: 16th June 2010
 
Publisher's Title information

Media Law provides a succinct and lucid introduction to all areas of the law relating to print, broadcast and electronic media. Written in a clear style, it is equally accessible to law and media students, as well as those working in the media world. Media lawyers have found previous editions invaluable as anintroductory text.
Includes coverage of all the different media platforms including radio, satellite, multi-channel, cable and the internet, looking at each one and providing guidance on licensing standards, competition, broadcast rights and mergers
Goes through the key issues and explains the complex principles of media law
Uses real-life cases and scenarios to show how the law is applied in practice
Clarifies complex issues using diagrams, flow charts, bulleted lists and tables
Covers case law and legislative developments
Incorporates more academic criticism and analysis to get students to engage and think about the subject
Contains extracts from the European Convention for the Protection of Human Rights, the Press Complaints Commission's Code of Practice and the Independent Television Commission's programme code
Points students to extended study with a detailedglossary and a list of website addresses

Contents
Introduction to the Law
Reputation
Copyright and Related Rights
Privacy and Confidential Information
Obscenity and Indecency
Racial Hatred and Blasphemy
Contempt
Reporting Current Affairs
The Internet
Television
Glossary
Appendices

Reviews
“A sound and reflective treatment of legal issues surrounding the media." The Law Teacher

“Carey's Media law is clear and well written. It certainly fulfils its aim of being accessible to law students and other non-Lawyers in terms of both content and price”, New Law Journal

LINKS

"Internet Law Book Reviews" Copyright Rob Jerrard 2010