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

Thomson, Sweet & Maxwell books Reviewed in 2012

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Archbold: Criminal Pleading, Evidence and Practice 2012
Edition: 60th Edition, Full Print + Supplements
Format: Hardback
Author: Editor:
James Richardson, QC
ISBN: 9780414048270
Publishers: Sweet & Maxwell
Price: £455
Publication Date: 17 Nov 2011

Publisher's Title Information

Comprehensive coverage of the practice and procedure of the Crown Court is just one of the reasons why Archbold: Criminal Pleading, Evidence and Practice is the best choice for those working in criminal law.
The 2012 edition is publishing in November, fully revised and updated with new legislation, case law, SIs, practice directions and guidelines by the team of expert editors.
Here are just a few reasons why Archbold is the choice of your peers:
Archbold is divided into logical sections using a consistent set of headings and sub-headings. It includes thousands of cross-references and is fully indexed, lightening the burden of research
It concentrates on what the law is, rather than what it ought to be, covering both substantive law and the practice and procedure of the Crown Court
With 190 years' authority informing every page, Archbold is the reference work to cite in court, adding weight and credibility to your arguments.
Separate chapters cover each indictable offence in depth, from forgery to murder, enhancing your understanding of the crimes relevant to your current cases.
We don't believe you want to wade through impenetrable text. To that end, Archbold is written in straightforward language and short paragraphs.
With single-volume paper and CD-ROM formats available, Archbold is both portable and easy to access, ensuring journeys to court don't become workouts.
Updated three times a year and supplemented by Archbold Review, Archbold keeps you abreast of the latest developments in criminal law, from case law to new Statutory Instruments.
The service now includes the Archbold e-update which provides you with a weekly email containing the latest, relevant updates in crime. Cross-referenced through paragraph to the mainwork, the e-update will allow you to contextualise the information within Archbold. What's more, the content will be archived online so you have access to it anytime.
 
Archbold: Criminal Pleading, Evidence and Practice 2012 is now also available as a Thomson Reuters' eBook - ProView version. To start reading immediately on your iPad, click to visit the Archbold: Criminal Pleading, Evidence and Practice 2012 eBook product page to purchase.
To find out more about ProView click here.
Archbold eBook upgrade for £95 - introductory offer terms
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Contents

The Indictment
The Criminal Jurisdiction of the Crown Court
Bail, Appearance of Accused for Trial
Presence During Trial
Trial
Sentences and Orders on Conviction
Costs and Criminal Defence Service
Criminal Appeal
Oral Testimony of Witnesses
Documentary and Real Evidence
Miscellaneous Sources of Evidence
Hearsay Evidence
Privilege, Public Interest Immunity and Disclosure
Evidence of Bad Character
Evidence of Identification
Investigatory Powers; Confessions; Discretion to Exclude Evidence, etc
Human Rights
The Mental Element in Crime
Principals and Secondary Parties
Offences Against the Person
Sexual Offences
Offences under the Theft and Fraud Acts
Forgery, Personation and Cheating
Criminal Damage and Kindred Offences
Firearms and Offensive Weapons
Offences Against the Crown and Government
Money Laundering Offences
Harmful or Dangerous Drugs
Offences against Public Justice
Public Order Offences
Commerce, Financial Markets and Insolvency
Offences against Public Morals and Policy
Motor Vehicle Offences
Conspiracy, Encouragement and Attempt to Commit Crime

Contributor Information

Written by an eminent team of practitioners...for practitioners
The strength of any legal reference work lies in the abilities and insight of its authors. Perhaps this accounts for the popularity of Archbold amongst your peers.
Our team of authors includes nine QCs, and is headed by General Editor, James Richardson QC, a hugely experienced barrister who has overseen each edition of Archbold since 1982.
Together, they ensure that you receive practical, citable explanations of the law and Crown Court procedure - all designed to help you win cases.

Contributing Editors

William Carter - 1 Paper Buildings
Julian Christopher QC - 5 Paper Buildings
The Honourable Mrs Justice Dobbs DBE
Ben Emmerson QC - Matrix Chambers
Martin Evans - Chambers of Andrew Mitchell QC
Danny Friedman - Matrix Chambers
Nicholas Hilliard QC - 6 King's Bench Walk
Mark Lucraft QC - 18 Red Lion Court
Helen Malcolm QC - 3 Raymond Buildings
Clare Montgomery QC - Matrix Chambers
Antony Shaw QC - 18 Red Lion Court
Stephen Shay - 1 King's Bench Walk
His Honour Judge Peter Thornton QC
James Turner QC - 1 King's Bench Walk


2005 Review of main work 2005 Edition by Brian Rowland

How does one begin to review, what for virtually all those connected with the criminal law is, the doyen textbook on the subject?   It has an unbroken pedigree stretching back to the first quarter of the nineteenth century and with the appearance of the 2005 Edition one can, with some confidence, make the point that if it is not in Archbold it has not happened,although judging from the size of the accompanying First Supplement and the speed and the amount of new law passing through the legislature, such a statement would have to be treated with caution.To keep pace with modern technology a CD - ROM is of course available,with full instructions. Such are the wonders of modern science.

The list of Editors is impressive and one can only marvel at the work each member has put in to bring their own very special expertise to this massive work in so short a time. Everybody connected in any way with the criminal law can only be grateful that such a distinguished body exists and is willing to give of their time to such an immense task. Having said that, the editor in the preface, does not forget the others, who have made their valuable contributions in pulling the whole work together

This reviewer, being a former police officer, will naturally concentrate on matters related to practical police work rather than the niceties of the activities of lawyers who, by the very nature of their work tend at times to frustrate the task of the officer who by sheer persistence and diligence has succeeded in placing individuals before the courts only to see them walk free, due no doubt in no small measure to the assiduousness of a defence advocate applying equal industry to the pages of Archbold. On such is the criminal justice system of this nation built.

This 2005 edition assumes great importance to police officers engaged in the complexities of the Police and Criminal Evidence Act 1984.Custody Officers will search in vain for the Codes of Practice within the main work, obviously because as that was being edited, new Codes were processing their way through the parliamentary procedures. But in a nice handy form they appear in full, in the first of three Supplements to be published in conjunction with the 2005 Edition. So it must be to Appendix A of the First Supplement that the harassed Custody Officer must turn in order to avoid any pitfall that might arise from consulting an out of date main work. The mahogany paperback First Supplement will no doubt, be much thumbed and consideration might be given to having it hard bound in establishments where large numbers of detained persons are held.

It may be that the provisions of the Serious Organised Crime and Police Bill now wending its way on to the Statute Book, will require some further amendments to the Codes of Practice by allowing Chief Officers of Police to designate civilians as Custody Officers.  The move has ruffled a few feathers within the police service and provoked the comment that only police officers can carry out the duties required. That may be so all the time that Chief Officers of Police have the authority, but this reviewer has long advocated the complete civilianisation of custody suites and indeed removing or segregating them from police stations. Quite naturally,the Police see more of their traditional work being taken from them and the spectre of redundancies stares the more thinking officers in the face. It is however foolish to suggest that only police officers can perform such duties, indeed many appear to carry out such tasks with little or no training. It would ensure that an independent element was introduced in the handling of detained persons and it would abolish the disciplinary rank-structured system that currently operates.

A most useful aid to finding one's way in the almost 500 pages of the Supplement, is the bold star in the margin indicating new material.

To deal with the main work, one wonders how much longer it can be contained in a single volume, particularly given the rate at which legislation is churned out, to say nothing of the number of decided cases that are now reported.

This year's edition has two items for practitioners to contend with, namely the Criminal Justice Act 2003 and the Sexual Offences Act 2003. The first is very largely for the Courts and as is now virtually an annual event, a tidying up of all matters Parliament has decreed need including within the law. Sooner or later this hotchpotch arrangement has got to cease and a more sensible system of consolidation provided. How those charged with finding their way through the labyrinth of previous related Statutes are expected to make sense of legislation passed, but not brought into operation, with other parts not yet operative and with yet more awaiting a commencement date, is a something of a mystery and the reviewer can only marvel that the law works as well as it does.One can only give thanks that there are those such as the editorial body contributing to Archbold, which makes sense of a very tangled mess.

The Criminal Justice Act 2003 is destined to change the whole criminal justice system in some shape or form. It is hard to conceive of any aspect that will escape its clutches and although lawyers will have the whole range of this vast Act to assimilate, it is the police officer who will be charged with making decisions affecting the liberty of the subject. In his hands alone rests the onerous duty of depriving an individual of his normal rights whilst being held in custody before charge.In discharging that duty, Archbold will be the textbook that will be turned to when the more complicated matters require guidance. The Act also contains a new provision enabling police officers to grant unconditional bail without taking the detained person to a police station. One can see problems arising here, particularly in relation to identification and it will be interesting to see how this ‘street bail’ as it has been dubbed, is used by the police.

As to the Sexual Offences Act 2003, this piece of legislation reflects the changing ways of society and has not only consolidated much of the old legislation but, has sought to create newly defined offences which will no doubt add to the reported cases and lead, not only to entries in further Supplements; but to additional law. There is no doubt in the reviewer's mind that the gap before a further consolidating Statute becomes necessary, will not be as long as was the previously the case.

Whatever course the criminal law takes, Archbold will always be there for those that need it. Successive generations have thumbed its pages with grateful thanks and those to follow will find its pages equally helpful.

Brian Rowland

1 March 2005


An earlier Review of the CR ROM Version

The CD ROM Version is a very valuable addition to any law library or individual who can afford this as well, it is easy to install and one of the best legal CD ROM's I have used, it is logically laid out which makes subjects, cases, and statutes easy to research. It comes with a "Quick Reference Card" and the full user manual is available on the CD ROM, if you decide to purchase an all embracing legal CD I suggest you go for this one.

For many years, Archbold: Criminal Pleading, Evidence and Practice has been the leading authoritative text on virtually every aspect of the criminal law and its operation within the criminal justice system. Up until fairly recently, Archbold has been rivalled only by the emergence of Blackstone’s Criminal Practice that has since established itself as another very authoritative work within this field. On reviewing both publications, they each have their own distinct style and are both highly suited for their purpose. Anyone connected with the criminal justice system will readily testify that the complexities of the criminal law and its practice has always been a very demanding task; but changes in the substantive law and practice in recent years have been almost colossal, exacerbated by the rate at which these reforms have taken place. There is increasing criticism of this trend, not to say the least from the courts themselves, as shown in R v Bradley(2005), where the Court of Appeal made a sharp rebuke of governments that implement too many changes in the criminal justice system. Mercifully, we have authoritative texts such as Archbold and Blackstone that, in varying degrees, guide us through the maze of provisions that cover the thousands of different criminal offences in this country.

Both Archbold and Blackstone are published in hardback volumes in addition to being available on CD-Rom; they also have their own updating service which, needless to say, is essential in works such as these in view of the almost manic rate at which criminal law and procedure change in modern times. Each version has its own particular advantages and this leaves the prospective purchaser with a clear choice to suite their needs; this includes the comparative price of each publication. The thorough and comprehensive coverage of the subject-matter in both publications is extremely good. Although one would expect this from the impressive range of contributors to each publication, this does not detract from the amount of work and degree of skill that is necessary to produce the overall quality achieved in these authoritative texts.

Archbold consists of 34 chapters together with supplements applicable to nearly all of them, plus 12 appendices, several lists and tables concerning individual subjects, statutes, statutory instruments and case summaries. Chapters 1 to 7 cover procedural matters that include bail, sentencing and appeals. A range of issues regarding evidence are then covered in Chapters 8 to 15 such as hearsay, bad character and identification. Chapter 16 is devoted to the increasingly important human rights aspects of the criminal law and its practice, and Chapters 17, 18 and 34 cover the mental element in crime, principals and secondary parties, and the inchoate offences. The vast range of individual criminal offences are then dealt with in turn in Chapters 19 to 33.

Blackstone includes Parts A to F, plus 8 appendices that include, inter alia, the PACE Codes of Practice, the Code for Crown Prosecutors, human rights, and practice directions. Part A provides a coverage of the general principles of criminal law. The criminal offences are then covered in Part B followed by road traffic offences in Part C. Procedural issues fall under Part D, and sentencing under Part E. Evidence is covered under Part F that is then followed by the appendices.

Both Archbold and Blackstone have reached a very high standard of user-friendliness. The accessibility of each topic within the vast amount of information in both publications, is very good. This is greatly enhanced by the use of the CD-Rom versions. Apart from other advantages in using this system, the search facilities are a great asset in terms of time-saving.

The market for both these publications is very wide. Each publication is an indispensable tool for barristers, solicitors and paralegals. This also applies to judges, magistrates and court staff. Students studying law on academic courses, whether undergraduates or postgraduates, would benefit from reading the relevant parts of the procedural aspects of criminal practice in order to give them a clearer picture of the practical application of the criminal law. Students studying on the Bar Vocational Course or the Legal Practice Course will need to be familiar with the relevant chapters, and everyone who needs to know the length and breadth of criminal practice should keep a volume or compact disc readily at hand. Even those who make occasional reference to specific aspects of this vast area of law will find the coverage invaluable. This applies to many officers and support staff within law-enforcement bodies such as the police service.

Leonard Jason-Lloyd

Visit www.sweetandmaxwell.co.uk/archbold for further information


Wilkinson's Road Traffic Offences
Edition: 25th
Format: Hardback
Author: General Editor Kevin McCormac
ISBN: 9780414045774
Publishers: Sweet & Maxwell
Price: £319 Main Work
Publication Date: 27th Sept 2011

Publisher's Title Information

As the definitive authority on road traffic offences in England and Wales, Wilkinson's Road Traffic Offences covers every facet of road traffic law you are likely to encounter, whatever the situation. It provides an unbeatable combination of in-depth analysis with a user-friendly format so that the answers you need are readily to hand.
Explains the law, legal principles and procedure
Shows both what the law is and how to proceed with prosecuting or defending a case
Sets out the basic principles and clarifies key terms
Covers specific offences chapter-by-chapter ensuring relevant information is easy to find
Follows through to sentencing and appeals, covering every aspect in chronological order
Sets out the implication of legislative and case law developments
Goes through typical and unusual situations and provides advice on the law relating to them
Provides easy access to core statutory and related primary materials, with annotation to clarify complex areas
Gives full consideration of the Sentencing Guidelines Council's revised Magistrates' Court Sentencing Guidelines as regards each road traffic offence
Covers death by driving offences and the Sentencing Guidelines Council's definitive sentencing guideline applying to them

Contents

Volume 1
Preface
Table of cases
Table of Statutes
Table of SIS
Table of European provisions
Table of conventions and International Agreements
Service Info
Abbreviations
Definitions
Procedure
Evidence
Drink/Driving Offences
Dangerous, careless and inconsiderate driving
Driver offences
Accidents and furnishing information
Vehicles offences
Protection of drivers and passengers
Insurance
Driving licences
Excise and Trade licences
Good and passenger vehicles
Drivers' hours and records
Theft, taking conveyances, aggravated vehicle taking, criminal damage and causing danger to road users
Forgery, fraudulent use and false statements
Fixed penalties
Custodial and other penalties
Endorsement and penalty points
Disqualification
Special reasons and mitigating circumstances
Appeals
Appendix 1 Drink driving
Appendix 2 Endorsement and sentence codes
Appendix 3 Sentencing guidelines
Appendix 4 Table of stopping offences
Appendix Stopping distances etc
Volume 2
Section A - Statutes
Section B - Statutory Instruments
Section C - European Union Legislation
Section D - International Agreements

The Author

Peter Wallis (Consultant Editor) is a solicitor, a Recorder of the Crown Court and a former District Judge (Magistrates' Courts). Kevin McCormac, OBE, MA (General Editor) is a barrister and author of Archbold Magistrates' Courts Criminal Practice. Wilkinson is also edited by Philip Brown, MA, LLB, a solicitor and Senior Traffic Commissioner, Howard Riddle, Senior District Judge (Chief Magistrate) and Kathryn Swift, LLB.

Review of 22nd Edition in 2005

With approaching 30 million vehicles on our roads, additional mileage being done by the population and diminishing police resources being allocated to road policing, the need for knowledge of the law becomes of increasing importance to everyone. The need for a comprehensive textbook on the subject thus becomes a necessity for all those seeking that knowledge. Wilkinson's Road Traffic Offences is such a textbook and an old friend. It is now well over half a century since the first edition was published and one can only marvel that an editorial team can be found to keep this work alive and up to date.

Wilkinson is, however, no ordinary textbook, it is a work in two volumes, with the first volume presented in a very readable form to be readily understood by lawyers and non - lawyers alike. It is perhaps, the book that both classes may look to in the first instance when confronted with an unusual matter connected with a vehicle. The reviewer is careful not to use the words 'wheeled' or 'road' because one is never sure what the ingenuity of the inventor is likely to produce in some backyard shed and launch on to an unsuspecting public and more importantly, the local Police Constable. One only has to look at the opening pages of the first volume to realise the already comprehensive list that might be found on our highways.

The second volume is not for the layman, but sets out for the practitioner, firstly the Statutes, and secondly, the Statutory Instruments that we all have to obey once outside the curtilage of our homes. They represent a formidable array that looks to be added during the lifetime of this edition.

The whole work has made a valuable contribution to the Road Traffic Law of this country. In saying that, one must pay tribute to those that have contributed to the pages over the years.

It would be impossible, in the space available, for the reviewer to cover the whole of this monumental work and clearly some matters are of more importance than others, for a variety of reasons. It is therefore the intention to comment on some aspects that it is suggested, are of more importance to the greater mass of the population.

The drink/drive law continues to produce examples whereby drivers seek to avail themselves of what they perceive as loopholes, through which they might wriggle, which is only to be expected, given the dire consequences quite rightly provided by Parliament, and no doubt this will continue to be the case. There is also the increasing use being made of drugs, and in particular, the so - called recreational drugs used by people of sufficient income to own a motor vehicle, enjoy weekend nightlife and purchase cocaine. Some testing is already being done, but the whole process of the law on drug/driving is in need of urgent acceleration.

The legislation in relation to deaths caused by bad driving is another area that will almost certainly require some amendment before being consolidated into the next edition. The problems associated with juries failing to convict for manslaughter were of course, the reason for the offence of causing death by dangerous driving being introduced over 50 years ago, but those problems still remain, and indeed have been exacerbated over the years. It was with some regret that the reviewer learned that the Government was out to consultation on the matter of hearing only the relatives of murder and manslaughter victims in criminal proceedings. It was with some surprise when it was learned that the offence of causing death by dangerous driving was not to be included in the consultation. Surely the latter offence is one of homicide and the relatives of victims should be considered?

The matter of fatal cases involving careless driving will probably be another issue that will bring some amendment for the editorial team to consider. The gap in punishment between the 14 years for a Section 1, Road Traffic Act 1988 offence and the level 4 fine for a section 3 transgression, is one that just cannot be understood by ordinary members of the public, let alone those who have suffered the death of a loved one. There also remains the difficult matter of those cases where death does not result but the victim remains in an unconscious state, sometimes for years after the incident.

Cases of exceeding the speed limit occupy much attention these days, largely because of the additional employment of speed cameras and the vastly increased use made of the fixed penalty procedures. Inevitably a sizeable proportion of public opinion see as an easy revenue-earner, a view which might be supported, bearing in mind that they seem to have had little impact on road casualty figures, although the opposite might be true about their bringing about a reduction in vehicle speeds. Since this increase, the reviewer has been surprised that some enterprising defendant has not made use of a defence that there has been no corroboration of the camera evidence, such usage being merely an opinion of a machine.

The last type of case the reviewer proposes to comment upon is that of failing to stop and report an accident. There are two reasons for this. The first is the surprise that precedent has not determined whether shock is an injury, and secondly, with the reviewer being an ex-police officer, comment has yet to be made as to whether these offences have altered the police disciplinary punishment arrangements, with officers becoming subject to a custodial sentence.
It is good to know that this new edition of Wilkinson's, on a complex subject which affects every member of the community in some shape or form, carries on making its valuable contribution to the criminal justice system.

/02/06 20th February 2006 Brian Rowland

For more Information go to the Sweet & Maxwell Website:

Take the link for "Wilkinson's Road Traffic Offences 25th Edition"


Dog Law Handbook, The
2nd Edition
Edition: 2nd
Format: Paperback
Author: Paul Clayden
ISBN: 9780414048188
Publishers: Sweet & Maxwell
Price: £65
Publication Date: 25 May 2011

Publisher's Title Information

The Dog Law Handbook is a practical guide which draws together the considerable and diverse body of law relating to dogs and their activities. The first section of the work comprises a narrative summary of the law. This is followed by sections containing the fully annotated, consolidated text of relevant primary and secondary legislation and government circulars.
Aimed at all of those whose work involves them with dog law, including local authority dog wardens and legal departments, and the police, as well as organisations such as kennels and dog clubs.
The book first provides a summary of the law, with footnotes enabling readers who wish to do so to refer to the statutory materials set out the later parts
Draws together into one volume the large and diverse body of law relating to dogs and their activities then sets out the consolidated text of all the relevant legislation and government circulars, with full expert annotations
Outlines the law relating to the ownership, theft, and sale of dogs
Details owners' responsibilities under the strict liability and negligence rules
Deals with nuisances, byelaws and hygiene regulations
Looks at dogs and diseases, dangerous dogs, and guard dogs
Covers dogs on the road, trespassing dogs, and stray dogs
Deals with dog welfare issues, including killing and injuring dogs, and boarding and breeding kennels - and discusses enforcement powers, prosecutions and post-conviction powers
Looks at various miscellaneous areas, such as performing dogs, dogs and game, and the import and export of dogs
This new edition is fully updated to take account of all recent legislative and case law developments

Contents

Part I: A Summary of the Law
Chapter 1: Ownership and Theft
Chapter 2: Sales of Dogs
Chapter 3: Owners' Responsibilities under Strict Liability and Negligence Rules
Chapter 4: Dogs and Diseases
Chapter 5: Dogs on the Road
Chapter 6: Trespassing Dogs
Chapter 7: Nuisances, Byelaws and Hygiene Regulations
Chapter 8: Dangerous and Ferocious Dogs
Chapter 9: Dog Collars and Stray Dogs
Chapter 10: The Rules about Killing and Injuring Dogs
Chapter 11: Boarding Kennels and Breeding Kennels
Chapter 12: Guard Dogs
Chapter 13: General Welfare of Dogs
Chapter 14: Performing Dogs
Chapter 15: Dogs and Game
Chapter 16: Import and Export
Part II: Acts of Parliament Relating to Dogs
Part III: Acts of Parliament Relating to Animals Generally
Part IV: Statutory Orders and Regulations

Preface

This is a new edition of a book first published in loose-leaf form in 1993. Supplements were produced at intervals, the most recent in 2007. The original author, Godfrey Sandys-Winsch, died in 2006. I prepared the 2007 supplement and was asked in 2009 by the previous publishers, Shaw and Sons Ltd, to undertake a new edition. Shaws subsequently transferred the title to Sweet & Maxwell:
The book is divided into five parts. The first sets out a summary of the law with footnotes enabling readers who wish to do so to refer to statutory sources set out in later parts. The second part supplies the Acts of Parliament relating to dogs. The third part covers other Acts dealing with animals generally. The fourth part contains the relevant statutory orders and regulations, and the fifth part reproduces Government Department Circulars on the legislation. The second, third and fourth parts are fully annotated.
The book incorporates the changes in the law which have occurred since 2007.

PAUL CLAYDEN Henley-on-Thames January 2011

For more Information go to the Sweet & Maxwell Website:

Take the link for "The Dog Law Handbook 2nd Edition"


Misuse of Drugs and Drug Trafficking Offences
Edition: 6th
Format: Hardback
Author: Rudi Fortson, QC
ISBN: 9780414045170
Publishers: Sweet & Maxwell
Price: £115
Publication Date: 10th Jan 2012

Publisher's Title Information

An invaluable and detailed guide to all aspects of the criminal law relating to drugs, including their manufacture, possession and use, importing, exporting, rules of evidence and police powers, as well as rules pertaining to offences of money laundering, sentencing and confiscation.
Offers a balance of UK drugs law in their international context
Explains complex concepts of drug laws clearly
Provides practical guidance as well as legal theory
Includes information on various substances, including 'Legal Highs'
Covers the impact of the Medicines Act 1968
Provides helpful flow charts, diagrams showing mechanics of confiscation, summary of controls under existing drug legislation and tables highlighting invaluable statistical material
Written by one of the most prominent legal practitioners in this area
This new edition will encompass the following:
All chapters have been substantially revised and brought up to date
Includes recent legislative developments and case law (including relevant decisions in Scotland and elsewhere)
Addresses current law (and prospective law) in relation to 'Legal Highs' which are increasingly being brought under legislative control
Impact of the Medicines Act 1968 as a means of regulating under the criminal law the distribution and use of substances on human beings
Discusses changes of policy and strategy in relation to drugs that are applied other than for medicinal or scientific purposes
Discussion on the latest UK, UN and EU strategies for drug control
Reflects significant developments in rules relating to confiscation
Revisions to the powers of police and law enforcement agencies
Sentencing powers and sentencing decisions will be brought up to date including the latest Sentencing Council proposals for sentencing drug offences

Contents

Chapter 1 - Introduction
A Historical Sketch of drug misuse
Drug Control and Drug Classification
Chapter 2 - The importation and exportation of controlled drugs
The importation and exportation of controlled drugs
The statutory provisions
Improper Importation Section 50 CEMA 1979
Unlawful Exportation section 68
Fraudulent Evasions: Section 170
Chapter 3 - Possession of Drugs
Introduction
Making Possession Unlawful
Lawful Possession
Unlawful Possession
The General Principles of Possession
Statutory Defences under Section 5(4)
Chapter 4 - Possession with intent to supply
Section 5 (3)): Possession with the Intent to Supply
Proving the Offence
Chapter 5 - Supplying controlled drugs
The Statutory Provisions
The Offences
Regulating drugs that may lawfully be supplied
Persons who may lawfully supply any controlled drug
General Authority to supply schedule 2, 3, 4 & 5 Drugs
Specific persons who may supply schedule 2 or 5 Drugs
Persons who may supply schedule 3 Drugs
Persons who may supply schedule 4 Drugs
Persons who may supply schedule 5 Drugs
Written authority to supply
Issuing a prescription not a “supply”
The unlawful supply of controlled drugs
Making an offer to supply
Being concerned in the supply of drugs
Aggravated supply
Intoxicating substances
Chapter 6 - The manufacture and production of controlled drugs
Substances useful for manufacture of controlled drugs
The production of controlled drugs
The cultivation of Cannabis
Magic Mushrooms
Chapter 7 - Drugs activities on premises
Premises
Who is responsible
Persons in unlawful possession of premises
Persons concerned in the management of premises
Prohibiting opium smoking
Drug kits and articles for use in drug misuse
Chapter 8 - Section 28 of the Misuse of Drugs Act 1971
Section 28
Section 28(2)
Does section 28(2) alter the definition of possession?
What is to be proved by the accused?
Section 28(3)(b)(ii)
Chapter 9 - Offences contrary to a corresponding law
General Note
What is capable of amounting to assistance
Assisting in the United Kingdom
Offence punishable under a corresponding law
Importation performed by an innocent third party
Mens Rea for an offence under section 20
Chapter 10 - Inchoate liability
Introduction
Proving the conspiracy
Conspiracies formed abroad
Conspiracy to do the physically impossible
Attempting to commit a drug offence
Indictment to commit a misuse of drugs act offence
Chapter 11 - Evidence
Proof that the drug is controlled
Letters documents and books
Proving premises are used for supplying
Expert evidence
Interviews
Telephone tapping
View of the scene on the crime
Chapter 12 - Powers of police and customs officers
Powers of the citizen
Powers of the police
Powers of the Customs and Excise
Obstruction of officers
Chapter 13 - The making of confiscation orders
The Making of Confiscation Orders
Restraint Orders
Criminal Memoirs
Cash Forfeiture
Money Laundering
Chapter 14 - Powers of Forfeiture
Statutory powers
Chapter 15 - Sentencing
Maximum sentences for offences under the MDA 1971
Maximum sentences for offences under the CEMA 1979
Sentencing guidelines
General Principles of sentencing
Factors that might affect the sentence
Recent sentencing strategies
Chapter 16 - A general guide to drug misuse
Types of drug
The Consumption factors
The tools of the trade and other hallmarks
The statutory bodies
Chapter 17 - Legal highs and the Medicine Act 1968
Appendices
Appendix A Schedule 2 to the Misuse of drugs Act 1971
Appendix B Sentencing Schedule
Appendix C Schedule 4 to the misuse of drugs act

The Author

Rudi Fortson Q.C., brings a wealth of knowledge and experience to this area of the law. He is a practising barrister at 25 Bedford Row, London, and Visiting Professor of Law, Queen Mary University, London. He is a member of the Criminal Bar Association, as well as a member of the Forensic Science Society and the British Academy of Forensic Science, and a Patron to the Independent Scientific Committee on Drugs.

PREFACE TO THE 6th EDITION

The 6th edition of this work has been a considerable undertaking. There is not a chapter that has escaped substantial revision or, indeed, rewriting. This is because in the six years since the last edition was published, there has been considerable legislative and judicial activity in the area of 'drugs and the law', all of which is intended to give effect to evolving policies. The policies are not confined to UK strategies for controlling the production, distribution and use of drug products and drug substances, but they also reflect international treaty obligations at an EU and UN level. Nowhere is this more apparent than in relation to so-called 'legal highs' i.e. psychoactive substances that are emerging at a very rapid rate, but which are also coming to the attention of interested public bodies in the UK and elsewhere. Such bodies have invested in 'early warning' systems that are continually being improved to increase their effectiveness in detecting and analysing unlicensed drug substances. In 2010, 41 psychoactive substances were officially notified to the European Commission and European Parliament for the first time by way of the information exchange mechanism and the Early-Warning System, which was set up by Council Decision 2005/387/JHA (see EMCDDAEuropol 2010 Annual Report on the implementation of Council Decision 2005/387/JHA). That number is considerably higher now The results enable legislative bodies to take such steps as they consider appropriate to control particular substances. Needless to say, the questions of whether to control such substances, the methods of control and the intensity of control, are contentious issues.

The UK legislature has sought to control emerging psychoactive drugs in various ways. The traditional method is by adding substances to Sch.2 to the Misuse of Drugs Act 1971 (for example, piperazines such as benzylpiperazine (BZP), as well as synthetic cannabinoid receptor agonists and cathinones, for example, mephedrone). On November 10, 2011, theAdvisory Council on the Misuse of Drugs (ACMD) recommended that two anabolic steroids, namely, 7-hydroxy DHEA (7-hydroxydehydroepiandrosterone) and 7-keto DHEA (7-keto-dehydroepiandrosterone) should be controlled under the MDA 1971 in Class C and, as Sch.4 substances under the Misuse of Drugs Regulations 2001, "so as not to preclude legitimate use on prescription". The relationship between the government and the ACMD has been the subject of much discussion in recent years (especially following the dismissal by the Home Secretary of the Council's then chairman, Professor David Nutt, in October 2009). Interestingly, a 'Working Protocol between the Home Secretary and the Advisory Council on the Misuse of Drugs' was agreed on November 14, 2011. But the government has also used its powers under the Import, Export and Customs (Defence) Act 1939 together with the Import of Goods (Control) Order 1954, to prohibit the importation of some substances (e.g. phenazepam) by adding them to the schedule to the Open General Import Licence (OGIL). The practical effect is to remove those substances from the licence (perhaps pending control under the MDA 1971). On November 15, 2011, the Government announced that it had imposed a ban on the importation of Diphenylprohnol (D2PM) and diphenylmethylpyrrolidine (substances linked to what is popularly known as "Ivory Wave" (see para.1-075). On the same day, s.151 and Sch.17 of the Police Reform and Social Responsibility Act 2011, came into force (see S.I. 2011 No. 2515). Those provisions graft a Temporary Class Drug regime onto the framework of the MDA so that drugs that are made the subject of a Temporary Class Drug Order are treated as Class B drugs (but there is a saving for simple possession of a TCD): see Chapter 1. Where psychoactive substances have been deemed to be "medicinal products" for the purposes of the Medicines Act 1968, there have been prosecutions brought under that Act, for contravening the importation and retail sale of unlicensed! unauthorised "medicinal products" (see Chapter 17).

One consequence of recent UK initiatives to control some psychoactive drug substances and drug products, is that attention has again focussed on words and phrases that appear in the MDA 1971, but which have proved problematic in the past (e.g. "preparation", "product", "other product", "production" and "medicinal product"). Those expressions were the subject of judicial attention in the 1980s and early 1990s, in relation to 'magic mushrooms' (in which psilocin a Class A substance naturally subsists). A number of prosecutions in respect of species of cacti in which mescaline naturally subsists, collapsed at trial (e.g. R. v Sette, unreported, Kingston Crown Court; 20 March, 2007). However, the points of law and statutory construction pertaining to each unsuccessful prosecution did not reach the Court of Appeal (Criminal Division) for its determination of those points. Persons who owned or who controlled 'head shops' (that sell, among other things, legal highs) may have believed that they were on safe (or reasonably solid) ground: they were not, and the words of caution expressed in earlier editions of this work went either unnoticed or unheeded. However, this does not mean that the law is satisfactory: on the contrary, there are weakness, grey areas and loose ends. It is sespectfully submitted that the tendency of the courts to give key expressions such as "preparation", "product" and "other product", their ordinary meaning may prove to have been an oversimplification (at best). Thus, in R. v Williams and another [2011] EWCA Crim 232, the Court of Appeal held that the act of blending paracetamol and caffeine (non-controlled) with cocaine and heroin (Class A drugs) was sufficient to constitute the "production" of a controlled drug for the purposes of s.4 of the MDA 1971. It is submitted that what had manifestly not been produced was cocaine or heroin. But, had a controlled "product" been "produced"? This depends on whether the words "substance" and "product" (as those words appear in the MDA) are to be given their ordinary meaning or as this work suggests their scientific meanings, having regard to the definition of a "controlled drug" in s.2 of the 1971 Act (see Chapters 6 and 17).

The last six years have seen significant changes to rules relating to evidence (Chapter 11), confiscation of the proceeds of criminal conduct (Chapter 13) and investigatory powers (Chapter 12). Investigating agencies and prosecuting agencies have undergone major reorganisation since 2005. This edition has reflected those changes.

This edition, in common with the 4th and 5th editions, continues to voice the plea that those who debate policy regarding drugs and the law, and who use the words "decriminalisation", "legalise", "depenalisation" and "diverting offenders", should explain what they mean by those terms. Much confusion and misunderstanding has been caused by not doing so (see para.1-042a, where suggested definitions/conventions appear and are explained).

In the writing of this book I am particularly grateful to Professor David Ormerod (Queen Mary, University of London) and, indeed, to Dr Leslie King, Mr Michael Evans-Brown (Liverpool John Moores University) and Professor David Nutt (Imperial College, London), for their helpful correspondence with me. I am also extremely grateful to my chambers at 25 Bedford Row, London, and to the Law School, Queen Mary University of London, for their kind support. Many others deserve to be mentioned for their invaluable correspondence with me in the years since the last edition appeared, not least, Mr Robert Banks (barrister); Mr Andrew Bird (barrister); Dr Simon Brandt (Liverpool John Moores University); colleagues at 25 Bedford Row (including Mr Paul Mendelle QC, Mr Daniel Chadwick, Mr Richard Furlong, Mr Sebastian Gardiner, Mr Dermot Keating, Ms Beth O'Reilly, Mr Nathaniel Rudolf, Ms Natalie Sherborn and Mr Colin Wells); Professor Valerie Curran (University College, London); Mrs Genevieve Harris (International Drug Policy Consortium); Geoffrey Monaghan (UNODC); Mr Ivan Pearce (barrister); `Release; Dr Carol Weir (Northern Ireland); and to Mr Graham Isslinger whose idea it was to write the 1st edition of this work.

Thanks are also due to Ms Katherine Brewer, Ms Lisa Bruce, Mr Simon Harris and other members of staff at Sweet and Maxwell Ltd., who worked phenomenally hard in the preparation of this edition for publication. Needless to say, that the responsibility for any errors is entirely mine. Finally, I would like to extend my sincere thanks to Lord Justice Hooper for kindly agreeing to write the Foreword to this edition notwithstanding his very busy schedule and onerous workload. Insofar as this work expresses opinions, they are to be taken as being mine alone and they are not to be taken as being shared by any of the aforementioned persons.

I have endeavoured to state the law as at November 14, 2011. It will not go unnoticed (see SI 1971/2120, art. 2) that it is almost 40 years since the MDA 1971 came into force!

Rudi Fortson QC 25 Bedford Row London
November 2011

For more Information go to the Sweet & Maxwell Website:

Take the link for "Misuse of Drugs and Drug Trafficking Offences 6th Edition now published"

On this particular subject it is very unlikely that any book can better this one. Very comprehensive, by a very well known Author.

Rob Jerrard


Review of 5th Edition

This book has long been established as the authoritative work on the law governing controlled drugs and related offences. As each edition has been published, this book becomes even more packed with essential legal guidance and other information. The depth of coverage is more than adequate for any purpose and it is not surprising that previous editions have been cited in Court of Appeal proceedings as well as in courts of foreign jurisdiction. This book has therefore achieved the rare combination of quality and quantity on a subject that is both complex and highly topical.

Chapter 1, the Introduction, provides a useful historical sketch of drug misuse and includes an interesting coverage of the three United Nations conventions that have had such a pronounced effect on our domestic law. This chapter also guides the reader through the mechanics of the Misuse of Drugs Act 1971 as well as the Misuse of Drugs Regulations 2001. Among many other things, it explains the processes by which date-rape drugs such as Flunitrazepam (‘Rohypnol’) have been more strictly controlled in recent years as well as the way in which all cannabis preparations were reclassified in January 2004. Chapter 2 is devoted to the legal provisions regarding the importation and exportation of controlled drugs. Although this concentrates mainly on the Customs and Excise Management Act 1979 and related case-law, this chapter also includes other enactments such as the Channel Tunnel Act 1987 and a range of delegated legislation connected with the Channel Tunnel system. Chapter 3 covers the all-important legal elements regarding the possession of drugs. One of the most complex aspects of the law on the misuse of drugs is the Misuse of Drugs Regulations 2001 which, among other things, contains the five schedules under which controlled drugs are placed. This chapter skilfully guides the reader through the labyrinth of provisions under the 2001 Regulations and establishes a firm basis upon which many of the other legal provisions in this book can be understood. In keeping with the general style of this book, this chapter is full of cases that are discussed in a thorough and well-focused manner.
Chapter 4 is concerned with the offence of ‘possession with intent to supply’. In addition to discussing many of the well-established legal principles regarding this offence, this chapter provides a very useful coverage of the provisions under s.2 of the Drugs Act 2005, namely the presumed intention to supply where more than a certain amount of drugs are in the defendant’s possession. Chapter 5 follows a similar pattern to chapter 3 where the reader is navigated through the complex web of schedules under the Misuse of Drugs Regulations 2001, the relevant primary legislation, and case-law, although in this instance the subject concerns the supply of controlled drugs. The provisions under s.1 of the Drugs Act 2005 have been included here, namely aggravated supply. This places a duty on the courts to pass stiffer sentences in cases where defendants have supplied drugs on, or in the vicinity of school premises. This also applies where defendants use under 18 year of age couriers for drugs or drug-related proceeds. The manufacture and production of controlled drugs is covered in chapter 6 which includes extensive coverage of the controversial inclusion of the ‘magic mushroom’ as a Class A controlled drug and the way that this was done. Chapter 7 focuses mainly on s.8 of the Misuse of Drugs Act 1971 that creates the offence of permitting or suffering certain drug activities on premises, although the latter part of this chapter also includes opium smoking, frequenting opium dens, and drug paraphernalia.The defences afforded by s.28 of the Misuse of Drugs Act are covered in chapter 8, also s.20 (offences contrary to a corresponding law) is discussed in chapter 9; chapter 10 includes the inchoate offences of conspiracy, attempt and incitement, and Chapter 11 is devoted to ‘evidence.’

The powers of the police, customs officers and ordinary citizens regarding drug enforcement, are discussed in significant detail in Chapter 12. The recent changes brought about particularly by the Drugs Act 2005 and the Serious Organised Crime and Police Act 2005, are presented with great clarity. Chapter 13 deals with the making of confiscation orders and money laundering. Cash forfeiture is also covered in this chapter, and other forfeiture powers are discussed in Chapter 14. These two chapters have dealt with those subjects in a particularly thorough manner; this also applies to chapter 15 that is headed ‘Sentencing’ which in turn covers maximum sentences, sentencing guidelines, general principles of sentencing, factors that might affect sentence, and recent sentencing strategies. Some useful general information on drug misuse is given in Chapter 16, which, among other things, describes the characteristics of the main groups of controlled drugs. This book ends (apart from the index) with four appendices, namely the list of controlled drugs under Classes A, B and C, a sentencing schedule, the maximum sentences for drug offences under the Misuse of Drugs Act, and money laundering amendments introduced by the Serious Organised Crime and Police Act 2005.

In addition to the expert commentaries and discussion on all the points covered in this book, the inclusion of flow charts, diagrams and tables at appropriate stages, has enhanced the excellent quality of this publication. This book is highly recommended to all those who need to know about the law on the misuse of drugs, whatever their profession. This book was completely up to date when it was published, although this will not last indefinitely as the nature of this subject is quite volatile. Perhaps future changes could be communicated to the readers through a website or other updating facility? This would do greater justice to such an important and authoritative book, as well as provide readers with a continuing service beyond its purchase. However, this book continues to be the leading work on this subject and constitutes an invaluable tool for all those who practice within this area.

Leonard Jason-Lloyd



Police and Constabulary Almanac 2011
Edition: 2011
Format: Paperback
Author: Edited by Helen Gough
ISBN: 9780414046603
Publishers: Sweet & Maxwell
Price: £35
Publication Date: Feb 2011
 

Publisher's Information:

First published in 1858, the Police and Constabulary Almanac is the official Register of Police Forces and the organisations in the United Kingdom.
This is the most comprehensive reference work of its type for all public authorities and for those who have dealings with them - for example, national and local government departments and their agencies, the courts and solicitors in their work with the police and the courts. Banks, insurance claims managers, transporters or precious or hazardous loads and many in responsible positions in industry and commerce all have need of it every year.
The Police and Constabulary Almanac contains the addresses, telephone numbers and personnel of Home Office and Police Organisations, of Police Forces in England, Wales, Scotland (with maps of Police areas), Northern Ireland, the Isle of Man, the Channel Islands and the Irish Republic; of Ministry of Defence Police, the Services Police, British Transport Police, Airports, Harbours and Docks Police, HM Revenue and Customs, the Gambling Commission, Racecourse Security; Courts, Prisons, Young Offender Institutions, Remand Centres, Police Charities; Associations, etc.; addresses of Motor Licence Authorities; a Motor Index.
Fire Brigades, the regional organisation of Ambulance Services in the United Kingdom (with addresses and telephone numbers) and the organisation of Civil Defence and Emergency Planning, together with an extensive Gazetteer of places and Police Stations in the United Kingdom, cross-referenced with Police Forces, and a detailed index complete this valuable work of reference.

Previous Reviews

the most thumbed book in any police office.
Police Journal
… a densely packed compendium of directory information
Reference Reviews
...this is an authoritative and comprehensive information resource; there is no close alternative; and it should be in the stock of UK reference collections.

Foreword

Welcome to the 2011 edition of the Police and Constabulary Almanac. This title is now published by Sweet and Maxwell, following the acquisition of Shaw and Sons Ltd's directories business in April 2010.
As always, accuracy is our prime objective. The Almanac contains a vast amount of detailed information, all of which has been checked, cross-checked and updated. The police forces are invited to revise their entries as many times as necessary and to submit further changes until the book goes to press -- particularly important during the current period of unprecedented organisational change. The format of these entries is not prescriptive, nor are they limited in length. This allows the forces to include as much information as they want in a format that suits their structure.
Apart from details of the police forces themselves, a glance at the contents page will show that the book include a wide range of other information of use to police officers and staff, public authorities, the courts service and other public bodies, as well as many private sector organisations and individuals.
Ease of use is our second main objective. The book's layout is deliberately utilitarian, designed for speed and simplicity of use. You will not find pictures or colour within the body of the directory but you will find clear and accurate information logically arranged, supported by a detailed list of contents and index.
Updating the Almanac this year, in a time of cutbacks and restructuring, has proved even more of a challenge than usual. As ever, I would like to thank the police forces and other organisations who provide the detailed information for inclusion each year; without them, it would not be possible to produce this book.
Helen Gough Editor

Review of the 2008 Edition

This year's edition boldly states 'Established 1858'. In this year's Foreword the publisher states; 'Last year, I referred to the Police and Constabulary Almanac as having been a standard reference work for nearly 150 years. At the back of my mind, I had the idea that we should mark the impending publica­tion of the 150th edition in some way. However, thanks to research by members of the Police History Society, it transpires that the Almanac was almost certainly first published in 1858, not 1861 as previously thought, and so last year's edition was itself the 150th.
In the 'Internet Law Book Reviews' 2007 Review, our Reviewer had highlighted this fact when he said, 'In the late 1980s a volume of 'A General Police and Constabulary List for 1844' came to light.In content and style it bore a resemblance to early editions of The Police and Constabulary Almanac. It listed 102 police forces, large and small, in England, Scotland and Wales showing, inter alia, details of chief constables, officers in charge of divisions and the distribution of stations, courts and fire brigades, many of the latter being run in conjunction with police forces…the 2007 edition claims the publication to have been established in 1861.However, a copy dated 1858 is known to exist. A logical assumption would be that it might have been the first edition of the Almanac as the County Police Act of 1856 had just come into force. There appears to have been a Manchester connection in the production of both the 1844 List and the 1858 Almanac.'
Whatever the year of its birth there can be no doubt the book is as claimed by the Publisher 'A fixture among Police Forces'. I can recall that it would have been a rare day when I did not consult it at least once.
One feature also highlighted by our Reviewer last year was the constant change of personnel, with the modern trend of senior Officers constantly on the move and a plethora of bodies brought into existence which must cause a real challenge for the production team.
Further improvements have been made and one in particular is a slight increase in the width of the book, so that text is not run so close to the spine - simple but very effective.
On the question of age, mine became even more apparent when looking up my old force to discover that I have reached the stage where I recognise only seven names from my time. However, one female officer appears twice, once as a Superintendent at a Police Station and again as a Chief Inspector under Staff Associations, which shows that small errors may occur; the editorial criteria being 'as accurate as humanly possible'.
Because of the nature of my work the Almanac will remain an important publication for me and of course for thousands of others for many years to come - Happy Belated 150th Birthday!
Rob Jerrard

Previous Reviews

REVIEW of 2007 Edition
 
In the late 1980s a volume of 'A General Police and Constabulary List for 1844' came to light. In content and style it bore a resemblance to early editions of The Police and Constabulary Almanac. It listed 102 police forces, large and small, in England, Scotland and Wales showing, inter alia, details of chief constables, officers in charge of divisions and the distribution of stations, courts and fire brigades, many of the latter being run in conjunction with police forces.
The Police and Constabulary List clearly fulfilled a need.The First Report of the Constabulary Commissioners in 1839 had commented that there was virtually no co-operation between the police forces then in existence.That was hardly surprising since there were areas of the country in which police forces had not been established and in 1839 there appears to have been no official national or regional list to refer to. In addition, the advent of the railways, postal services were still developing and comparatively expensive.Rowland Hill's penny post was a year away and Bell had yet to invent the telephone!However, with the existence of a publication such as the Police and Constabulary List, at least there was a starting point for the early Victorian officer to think further than the boundary of his own area.
It appears that 'The List', running to over one hundred pages, including an appendix of 'national' crime statistics, was intended as a quarterly publication.To date no subsequent volume has surfaced.It was followed by 'The Police and Constabulary Almanac' - the date of the first edition being by no means clear.The 2007 edition claims the publication to have been established in 1861.However, a copy dated 1858 is known to exist. A logical assumption would be that it might have been the first edition of the Almanac as the County Police Act of 1856 had just come into force.There appears to have been a Manchester connection in the production of both the 1844 List and the 1858 Almanac.
As to the early editions of The Almanac, it is significant that by 1858 there was a reliable postal service and the beginnings of Cooke and Wheatstone's telegraph system. The telephone remained a decade away.Perhaps the reference to 'Established in 1861' heralded a new format or new owners of copyright. The important issue is that the publication provided people engaged in law enforcement with the means to locate details of other police forces.After all, the coming of the railways meant there was now a quite mobile population, both lawful and otherwise.The Almanac thus filled a need, which the Home Office, it seems, had not.
The annual edition of the Police & Constabulary Almanac has long featured on the bookshelves of police establishments. It provides both a high quality professional directory and a work of reference invaluable in modern day-to-day policing.Should a matter involve another force area or some other organization remotely connected with law enforcement, then look no further than the Almanac for contact details. Information is also included on the various Fire Brigades & Ambulance Services, related Home Office and other government departments and courts of law.
In 2006 a new editorial team took over the production of the Almanac.The 2007 edition follows the pattern of its predecessor but the entire text has been re-typeset. The layout of the entries is in a clearer style with a more obvious hierarchy of headings and much of the smallest type has been enlarged.
'The Police & Constabulary List' and the editions of 'The Police & Constabulary Almanac' comprise a mini police history in themselves.Complete collections of the Almanac are rare, but even where only a partial collection is available it becomes a valuable tool for the police historian. It is possible to trace many of the more senior ranks of a force through its pages.The influence of former army officers in the senior posts is evident. Many are referred to, for example, as captain, and later as major or lieutenant colonel, suggesting their close involvement with various local militia organizations and subsequent honorary promotions.
 
One problem that has always dogged the editorial teams has become progressively more severe as the years go by.Take changes of personnel for example. Until the second half of the 20th century Chief Constables tended to remain in office for a decade or two.Today we live in a world of short contracts, rapid movements up the career ladder and early retirement, similarly with law-enforcement organizations. In years gone by, apart from the actual police forces, there were comparatively few other organizations closely involved with the work of the police, courts, probation service and correctional establishments.The past decade alone has seen a plethora of bodies brought into existence, some of which impinge on the work of the police and courts, often with statutory powers, or at least some ministerial authority. These then are the problems that, in an ever-changing world, challenge the production team on the Almanac.They have risen to the task in the 2007 edition.

PR

REVIEW of 2006 Edition

The 2006 Police and Constabulary Almanac continues a long line of police history stretching back into the 19th Century and in that respect the publication is an invaluable tool for any police historian or researcher. The Almanac is however much more than that, because it records a valuable part of our social history. The 2006 edition forms part of that line and will as usual also be the most thumbed book in any police office. In the reviewer's experience, by the end of the year there was little left of the outside cover, so it is good to see the Foreword noting that among the improvements, a more robust cover has been provided. Perhaps consideration could be given to providing an enclosed plastic cover, of the type used in public libraries, for future editions. It would certainly prolong the life of thus friend of all police officers and support staff.
The new editorial team has done a tremendous job in putting together this new edition, in what must have been difficult circumstances, but their job is far from over They have already noted that Centrex is closing down the old District Training Centres, which some regard one of the successes of the post-war era having produced the present day police service. The Serious Organised Crime Agency is noted as coming into operation in April 2006, a change the abstraction of police personnel has created regarding their conditions of service after that date. The National Offenders Management Service (MOMS) entry might also be another area where change could be in the air next year. Neither will that be the end. By that time changes to the police forces map will almost certainly be known. The editorial team are going to have their work cut out to ensure that an up to date service is maintained. The reviewer is certain such will be the case if historical precedent is to be followed.
The footnote at the bottom of page - 1 and the comment about the beginning and end of lighting up times on the following calendar pages, highlights the confusion that can be engendered when legislation becomes over complicated. Suffice to say that the calendar pages information is correct in that between sunset and sunrise vehicles being used on a road must have their statutory lights on by virtue of Regulation 24(1)(a)(i), The Road Vehicle Lighting Regulations 1989. It is surely time to bring all lights fitted to vehicles into the same time scale rather than have the confusion of differing times for different forms of lighting providing their later use and earlier switch off, as appears elsewhere in the Regulations.
The information contained in the pages devoted to the various forces set out the bewildering array of posts that now exists within the service and at times one wonders how many still perform their original function, or indeed what their function is. The reviewer cannot but reflect as to how, when individual forces are inspected, it does not occur to those responsible for such inspections, to question the differences they see and report on the need to implement best practice arrangements. It is little wonder that the Home Secretary has decided that change is necessary. One hopes that an examination of this book will help him realise just how urgent the need for change is and that he will follow his current plans up with a thorough Inquiry into the policing of this country.
The reviewer has no way of determining how this book is put together, but it would appear that the information is very largely gleaned from requests made to forces for information as to their makeup, hence the rather haphazard way in which it is presented. For a book so important as the Almanac, there would appear to be a need for the publishers to take a lead and propose a meeting with representatives of those bodies whose members details will appear, to establish a common format for all force entries. The use of a questionnaire to set up that format might be a useful starting point.
To indicate what the reviewer has in mind from the comments made in the previous paragraph, two forces, of comparable size, have been selected for a more detailed analysis of their entries One has two Assistant Chief Constables the other more. At Basic Command level one force adopts that title, whereas the other refers to them as Area Headquarters, with one providing two supporting Superintendent posts, with the other only one, and the Serious and Organised Crime Department entry for one showing a Detective Superintendent with two Detective Chief Inspectors whereas the other listing a Detective Inspector as head of an Organised Crime Unit & Dedicated Surveillance Unit. Such differences seem to scream out for some form of standardisation.
A number of force entries show the presence of Trade Union representation, indicating the growth of organised labour within the police service and with the projected increase in the numbers of Community Support Officers, one can see civilian labour playing an ever-growing role within the police family. Quite apart from information about police forces, there are sections providing details of the Fire and Ambulance Services, but no entries for the Coastguard and Lifeboat Services which are involved so often with police incidents.
The security industry is featured and the entries range across a very wide spectrum. With the possibility of accredited personnel forming part of an increasing part of community policing, one can see additions to those parts of the Almanac in the years ahead
Another area where information seems sparse is that of foreign police forces. One recognises the sensitivity of interfering in the affairs of other countries, but with our now being a part of the EU and the level of foreign travel, need for immediate contact assumes considerable importance. Such a matter would seem something for governmental action
Brian Rowland
29th March 2006

For more Information go to the Sweet & Maxwell Website:

Take the link for "Police and Constabulary Alamnac 2012, due out in Feb 2012"


Rowlatt on Principal and Surety
Edition: 6th
Format: Hardback
Authors: Gabriel Moss, QC; David Marks, QC
ISBN: 9780421966406
Publishers: Sweet & Maxwell
Price: £175
Publication Date: 8th Nov 2011
 

Publisher's Title Information

This new edition of Rowlatt on Principal and Surety provides you with in-depth commentary and analysis of the law of suretyship and the law of guarantees. Regularly cited in court, this well-known title examines the fundamental concepts and the latest developments in this area of the law, bringing you authority you can rely on.
Provides a concise account of the law, including definitions and interpretations, allowing you to quickly and easily identify the key points when researching and preparing for a case or advising clients
Revised and updated to incorporate modern developments such as the Consumer Credit Act 2006, performance bonds, misrepresentation and undue influence, as well as new case law such as Royal Bank of Scotland v Etridge
Makes reference to Commonwealth and US authorities where relevant
Includes practical drafting guidance, such as a draft Bid Bond and a draft Advance Payment Bond as well as selected sections from relevant statutes including the Insolvency Act and recent EU legislation
Essential for lawyers and practitioners in all areas of commercial law, Rowlatt on Principal and Surety brings you trusted authority and extensive coverage of the law of suretyship and the law of guarantees

New to this edition:

Contains new material on:
Performance bonds
Statute of Frauds
Misrepresentation
Undue influence
Insolvency
Unfair contract terms
Construction of contract

Contents

Chapter 1 Scope of the Law of Principal and Surety
 
Chapter 2 Consideration
 
Chapter 3 Statute of Frauds
 
Chapter 4 Construction and Effect of Guarantees
 
Chapter 5 Misrepresentation and Concealment
 
Chapter 6 Illegality, Duress and Undue Influence
 
Chapter 7 Rights of a Surety
 
Chapter 8 Release of the Surety by Dealings of the Principal Contact
 
Chapter 9 Loss of Securities and Co-Sureties
 
Chapter 10 Statutes of Limitations
 
Chapter 11 Bankruptcy
 
Chapter 12 Winding Up and Receivers
 
Chapter 13 Bills of Exchange and Negotiable Instruments
 
Chapter 14 Landlord and Tenant
 
Chapter 15 Building Contracts
 
Chapter 16 Consumer Credit
 
Chapter 17 Performance Bonds
 
Chapter 18 Void
 
Chapter 19 Conflict of Laws
 
Chapter 20 Unfair Terms in Consumer Contract Guarantees
 
Appendices
 
Appendix 1
a) Draft Bid Bond
b) Draft Performance Bond
c) Draft Advance Payment Bond
 
Appendix 2
a) Sections of the Insolvency Act
b) Sections of the Unfair Contract Terms Act 1997
c) Sections of EU Legislation
d) Sections of the Law of Property (Misc Provisions) Act 1989

Preface

The tradition used to be that authors would apologise to readers for troubling with them with a new edition of a much loved work. In our case, we have taken the approach of apologising for the long gaps between editions. In the last edition we referred to an inordinate delay of 17 years from 1982 to 1999 between the fourth and fifth editions. We can be slightly less apologetic about a delay from 1999 to 2011, a mere 12 years.
Until the financial crisis the last 12 years have not seen a rush of case-law developments. However, as a result of the great financial crisis of 2007-2008, the ensuing recession and wall of gigantic litigation have accelerated the flow.
One area of litigation throughout the 12 years reflects the perennial debate regarding the difference between guarantees and analogous instruments, particularly bonds of all kinds and descriptions. Draftsmen have been surprisingly unclear about whether they intend to create a secondary or primary liability. There has been a related debate concerning the insertion of provisions more traditionally suited to guarantees than to instruments of other kinds, such as provisions which are designed to shield the creditor from the anticipated effects of any variation in the principal obligation.
The Statute of Frauds astonishingly is still very much with us and continues to provoke litigation at the highest level. The issue resurfaced in the House of Lords
in Actionstrength Ltd v International Glass Engineering SpA [2003] UKHL 17;
[2003] 2 A.C. 541. The House reaffirmed yet again the need to ensure that guarantees are made or evidenced in writing to enable reliance to be placed on s.4 of the Statute .
There are pleas for the reform, if not the abolition, of s.4 which is the only remaining section of the 1677 Act. It should be remembered that a majority of the Law Reform Commission recommended this for repeal as long ago as 1937. The continuing argument in favour of its abolition or reform is that it makes an arbitrary distinction between guarantees and indemnities. Equally, it is argued, perhaps with some force, that the courts have continued to limit the application of the section by a number of devices, firstly by seeking to draw some form of distinction between a guarantee which forms the proper basis of a contractual obligation on the one hand, and on the other, an instrument forming, in effect, the subject matter of a transaction which is merely incidental to a contract and secondly by thither seeking to exploit the distinction between a guarantee, which encompasses an additional promise on the one hand, and on the other hand a promise which is merely collateral. Finally, of course, many commentators have pointed to what could be said to be a somewhat liberal construction afforded to
the concept of a note or memorandum simply in order to satisfy the statutory provision. In the gap between the previous edition and the present edition, the notion of electronic signatures has inevitably arisen. One recent decision (not dissented from since ) has decided that an email address and a header within the same message did not constitute a "signature". It is unlikely that this particular chapter is as yet finally closed.
On the other hand, there has been a relative calm with regard to an area that concerned the House of Lords in the years leading up to the previous edition, namely the effect of undue influence and misrepresentation on a contract of guarantee. Since the House of Lords' decision in Royal Bank of Scotland v Etridge (No.2) [2002] A.C. 773, it appears that the law is fairly settled.
The effect of insolvency and restructuring continues to produce interesting and challenging case law. For example, the interface between the rule against double proof and the rule in Cherry v Boultbee 41 E.R. 171 has now reached the Supreme Court and the final word on the subject is eagerly awaited from their Lordships.
The interplay between voluntary arrangements and the law, of guarantee has occupied the courts on a number of occasions with particular regard to the effect of such arrangements on the release of sureties.
Rowlatt continues to be cited freely and frequently across the common law world. As we stated in the previous Preface, we do not pretend to cover every Commonwealth decision, but we have tried to include the key cases. If we have omitted to refer to any significant cases, we look forward to an appropriate email and we will endeavour to deal with any missing authority of note in the next edition.
We have continued to abide by the concise but precise style of the original author in the first edition of this work. Amongst legal practitioners who practise in this area throughout the British Commonwealth, the name Rowlatt is synonymous with the most serious and considered survey of this area of the law.
As in the last edition we thank our contributors for their hard work on this edition.
The law is endeavoured to be stated as at August 25, 2011.
DAVID MARKS QC
GABRIEL MOSS QC
3-4 South Square
Gray's Inn
London
WC1R 5HP

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