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Archbold: International Criminal Courts [ Hardback ]

Edition: 2nd 2005

Authors: Karim Khan & Author: Rodney Dixon

ISBN: 0421906200

Publishers: Sweet & Maxwell

Price Main: £215.00

Publication Date: 15/12/2005

Title Information

This major text is a high-level practice guide for international criminal practitioners. It provides comprehensive guidance to the crimes, defences, procedures, rules of evidence, and jurisprudence of the International Criminal Tribunals for Yugoslavia and Rwanda and the permanent International Criminal Court. The United Nations' Courts for East Timor and Sierra Leone and two new courts of Iraq and Cambodia are also referenced.
This second edition incorporates changes in all parts of the text, reflecting the rapid evolution of international criminal law, the foundation of new courts and the wealth of new case law.
A comprehensive ""nuts and bolts"" manual on the procedure of the International Criminal Court and the Tribunals
Shows practitioners how to prepare cases and directly participate in these trial proceedings
Contains chapters on how to manage specific offences, such as crimes against humanity, genocide, etc
Includes a wealth of recent case law from the ICTY, ICTR, East Timor, Sierra Leone and national Tribunals and also preliminary decisions of the ICC
Covers the New Sierra Leone rules
Deals with the new courts for Iraq and Cambodia as well as the Bosnian National Court for War crimes launched in 2005
Contents
Introduction. Establishment and jurisdiction of the courts. Structure of the courts. Powers of the courts. Principles of interpretation. Indictments. Pre trial procedure. Trial procedure. Rules of evidence. Forms of participation in offences. War crimes. Crimes against humanity. Genocide. Crimes of aggression. Other offences under international criminal law. Contempt, Offences against the administration of justice and removal from office. Defences. Sentencing, compensation and restitution. Appeals and reviews. Legal and defence counsel matter. Appendices.
Previous Reviews
"Essential for the shelves of any forward-thinking criminal practitioner"
The Times
"In the best tradition of Archbold, this is the criminal law practitioner's guide to international criminal courts...a most useful vade mecum"
Criminal Law Review



Anti-Social Behaviour Powers and Remedies

A guide to anti-social behaviour law and practice

Edition: 1st 2004

Authors: Scott Collins & Rebecca Cattermole

ISBN: 0 421 79330 9

Publishers: Sweet & Maxwell

Price £55

Publication Date: 2004

Anti-Social Behaviour: Powers and Remedies is a practical guide to the powers and remedies available to public sector and private sector organisations in the area of anti-social behaviour law.

The text is highly user-friendly and practical, offering legislation extracts, checklists and forms.

Sets out the powers and remedies, of public and private bodies concerned with anti-social behaviour including housing, planning, environmental health and police.

Suggests remedies to problems, using checklists and protocols to ensure nothing is overlooked.

Includes sample forms and reference grids.

Reproduces key legislation, including sections of the Anti-Social Behaviour Act 2003.

Covers all the processes involved in dealing with anti-social behaviour including how to conduct investigations, evidence gathering, codes and practice, powers and duties, how to prosecute and much, much more.

Author’s Preface

Lord Goodhart during the course of the 1998 Act through com­mittee stage in Parliament:

“Human rights are not just the right to behave well ... People have a right to be bloody-minded; they have a right within reason to make a bit of a nuisance of themselves ... We want to live in a law-abiding society with a low level of crime ... and a low level of vandalism and disorder of all kinds ... but, at the same time, we do not want to live in an authoritarian state.”

The United Kingdom is a world leader in anti-social behaviour law. That should not be taken to mean that the problems of anti-social behaviour are greater here than anywhere else.  Anti-social behav­iour has always been a problem in the United Kingdom, as it is in any large, urbanised modern society.  What is unique is the legal response to the problem-the creation of special orders, the greater role of public bodies in policing and public order, the enhanced role of the bodies in the life of citizens in order to encourage social responsibility.

Until the Anti-Social Behaviour Act 2003, the wide variety of sources available to local authorities, police authorities, and other public bodies were diverse and hard to find.  We saw an emerging body of law which demanded a single major text bringing together all of the relevant law on the subject.  That is the aim of this work, and at the time of writing, we are not aware of any other with the same mission.

We have tried to produce an accessible commentary that addresses the real legal issues faced by professionals confronted with anti-social behaviour matters.  We want to encourage profes­sionals to consider the variety of responses available to them which might ordinarily lie outside of their fields of expertise.  As, they are also extensive powers, there is a risk that they may offer only short ­term but ultimately ineffective solutions to general social problems, often at the expense of individual human rights and we draw atten­tion to the wider legal limits on the use of those power such as the Human Rights Act 1998.

We hope that this text will prove a genuinely useful tool in the anti-social behaviour work its readers do in the field, promoting speed, confidence and accuracy.  We also hope that as a whole it pro­vides a valuable contribution to the current discourse in the legal world at large about anti-social behaviour, its policies, practice and procedure.

This book is aimed at local authority lawyers, housing officers in the private and public sector, planners and planning lawyers, envi­ronmental health officers and lawyers, police authorities and police authority lawyers, landlord and tenant practitioners, and all lawyers in private practice dealing with anti-social behaviour.

We recognise that this is a dynamic area of law and practice, and that there will be a need for updated editions of this work, and it is certainly our intention to produce such future editions in due course.

The law is as given at December 2003.



Advising A Suspect In The Police Station

Edition: 6th Edition (1st Edition was Published in 1985)

Author: Anthony Edwards

ISBN: 0-421-94680-6

Publishers: Sweet & Maxwell

Price £35

Publication Date: April 2006


Publisher’s Title Information

Advising a Suspect in the Police Station provides immediate answers on how to best advise your client when under pressure at the police station. The work is ideal to carry around and refer to anytime you need urgent assistance.

Chapters are arranged in chronological sequence to ensure that every aspect of the solicitors' role is covered, while helpful checklists and bullet points are included to make it clear what to do at every stage. The easy-to-use format provides instant answers to problems that can arise so that you're never at a loss for advice on what to do next. The work also offers guidance on tricky issues such as when and how to answer questions in interview, identification procedures, persons under a disability and special cases.

This new edition has been revised and updated with new case law, and explains the implications of new legislation such as the Serious Organised Crime and Police Act 2005 and the Drugs Act 2005, as well as the new Codes of Practice under PACE 1984.

New for the 6th edition

Strengthened advice about legal privilege

Details the new Codes of Practice under PACE 1984, which were changed by the Criminal Justice Act 2003 and again by the Serious Organised Crime and Police Act 2005 and the Drugs Act 2005

Explains the changes made to the Serious Organised Crime and Police Act 2005 including the criteria that must be met in making all offences arrestable offences

Considers the impact of the bad character provisions of the Criminal Justice Act 2003

Updated case law following R v BRESA, which refines the way courts are to refer to inferences

Explains changes made to immigration law, the right of silence and detention periods, taking of samples, drugs testing and assessment

Explains the significance of guilty plea discount

Expert guidance

The Author

Anthony Edwards is a solicitor specialising in criminal law and a senior partner at T V Edwards. He is a member of the Legal Services Commission and of the Sentencing Guidelines Council and is a past president of the London Criminal Courts Solicitors' Association. He is a member of the Editorial Board of the Criminal Law Review and of the Executive Board of Justice. He writes regularly for the Law Society Gazette.


Preface to the 6th Edition

These guidelines were initially prepared by the Criminal Law Committee of the Law Society, and were first published in November 1985. The third edition was endorsed by the Lord Chief Justice and the Royal Commission on Criminal Justice, which recommended, "they should become more widely known, better understood, and more con­sistently acted upon".

This edition takes account of the experience gained by practitioners in the police station since the implementation of the Police and Criminal Evidence Act 1984; and of the greater responsibility created by the changes brought into effect on April 10, 1995 by the Criminal Justice and Public Order Act 1994. This edition considers the impact of the Serious Organised Crime and Police Act 2005, the new Codes of Prac­tice effective on January 1, 2006 and the effect of a series of decisions of the Court of Appeal, stressing the significance of the genuine and reasonable reliance of a suspect on considered legal advice. The cumulative effect of these developments is that the role of the solicitor, in advising at the police station, remains one of great importance in the administration of criminal justice.

These guidelines are designed to give immediate assistance to solicitors and their representatives as they work under pressure in the police station. They answer the question "what" to do; for information on "how" and "why" reference should be made to more detailed texts.

Sections of the Law Society's guide, Immigration Advice in the Police Station are relied upon in Chapter 11 with the kind permission of the Law Society.

The law is stated as at January 1, 2006 and full account is taken of the new editions of the Codes made under the Police and Criminal Evidence Act effective on that day.


Review of 5th Edition

There cannot be a criminal defence lawyer who does not know of Anthony Edwards - either as a result of his column in the Law Society Gazette, his seminars under the CLT brand, his vociferousness on the future provision of a criminal defence service (in his role as LSC commissioner) or his prominence as a London criminal practitioner.

As one of those who attends Mr Edwards superb seminars, and so familiar with the "bare bones" approach to course notes adopted by him (the flesh being in the seminar), I was nonetheless surprised at the limited size of this book - 145 pages in an A5 format.

Those who regularly attend the police station must have immediate access to the core materials that cover all possible scenarios likely to be encountered in a busy duty shift. Personally, I always take an up to date copy of Zander (incorporating the Codes of Practice and PACE), last year’s copy of Blackstone’s, and one of the various police station advisers’ books as a ready reckoner.

So where does this book fit in?

Few of us have the type of brain that can store the entire encyclopaedia of criminal law resources required to do the job effectively. What we need is a core base of knowledge, and/or immediate access to a summary of that core (for those graveyard shifts when the advisers brain wants to shut down - but the professional burglar is wide awake and wants to be interviewed!).

This book aims to fit that particular requirement - and does so in a generally effective way. It is a book that is not over encumbered with detail, and which sets out succinctly the key considerations in providing effective advice to a detainee. It is fully cross-referenced to key provisions of the codes of practice and to PACE itself. There is no doubt that an adviser who could memorise this book would present a formidable opponent in the police station.

And memorising this book is not an unlikely proposition. It is essentially a list of bullet points, with no paragraph longer than 14 lines. It effectively cuts away the layers of detail within the Codes that often confuse or hide the key point. There are flow charts and check lists that assist an adviser in formulating the most appropriate approach to interview, and ensuring that a structured and justifiable approach is adopted.

What I would like to see is more guidance based on the case law (with references). We are all aware of the key cases relating to the right to silence provisions, and to the case law as it relates to disclosure. These areas tend to throw up the trickiest issues in the police station - and are the most crucial areas when it comes to justifying a particular avenue of advice. Personally, I feel that the book does not address these key areas in sufficient depth - or with sufficiently explicit references to the cases - which means a little private research is required to supplement the meaner points presented in the text.

There are never any hard and fast rules in the police station - and it is the mistake of the inexperienced adviser (and, it seems to me, of many a barrister and Judge!) to believe that there are. This book avoids the trap of suggesting that in any given scenario there is a "right" answer. That may be initially frustrating for the less experienced adviser, and may detract from the worth of what is a good and accessible introduction to the police station advice matrix. For the more experienced practitioner, it is a good reminder of the key points and a more accessible reference source than weightier books, the Codes and PACE - albeit not a substitute for them.

The problem for the busy practitioner is keeping up to date with the manifold changes in the law that have an impact upon the adviser’s role at the police station. That is also a problem for publishers and authors - and this book, although a 2003 edition, is no exception.

If not already out of date in certain areas, it very soon will be as the Criminal Justice Act 2003 kicks in. Hopefully, its brevity means that it will be rapidly updated - perhaps more quickly than the other tomes covering this area of work. If that is the case, then this book, already worth the investment, will be invaluable.

Summary: fulfils a basic requirement and is well worth its £30 asking price.

MIKE FANNING



Sexual Offences Act 2003
Author: Annotated by Jacqueline Thomas
ISBN:  0-421-87830-4
Publishers: Sweet and Maxwell
Price £34 RRP UK
Publication Date: 2004

Publisher’s Title Information

The Sexual Offences Act 2003 radically overhauls the law relating to sexual offences, introducing a total of 57 new offences.  It replaces the Sex Offenders Act 1997, the Indecency with Children Act 1960 and much of the Sexual Offences (Amendment) Act 2000, Sexual Offences Act 1956 and Sexual Offences Act 1967.

With this Current Law Statute Guide, you can turn to fully comprehensive information on the Sexual Offences Act 2003 and the new laws and procedures it introduces.

The Guide will enable you to:

Interpret the provisions under the Act

Familiarise yourself with the changes

Understand the technicalities of the new offences introduced

Easily find the provisions that you are looking for via the comprehensive index

The author's explanation and interpretation through clear and thorough annotation means that you can ascertain how the Act works and what its requirements are.

This is a landmark statute that repeals almost all of the Sexual Offences Act 1956 and many other statutory provisions enacted since, as the authors point out, it is, "a new criminal code of sexual offences"


Reviews

Within the Police service there will be a need for a complete rewrite of training manuals and training courses - in fact as with other times when legislation has drastically altered the law, eg; (Theft Act 1968 and PACE 1984), there will be a need for short courses to help officers absorb all the changes.

Some of the most important changes are:

New definition for Rape.

Section 9 Theft Act 1968, burglary with intent to commit rape - now Section 63, "Trespass with intent to commit a sexual offence."

Section 2 Procurement - new offence.

Section 3 Procurement - new offence.

Section 4 Administer drugs - new offence.

Section 5 USI - repealed, new offence.

Section 6 USI repealed, new offence.

Section 10 Incest - now familial sexual abuse, embracing more members of the family.

Section 12 Buggery - repealed.

Sections 14 & 15 Indecent assault - new offences.

Indecency with Children Act 1960 - repealed, new offences.

Changes to prostitution laws.

Protection of Children Act 1978 - now a child "under 18", was 16.

Kerb Crawling - now a woman can commit the offence.

Indecent exposure, now it is "person exposes genitals", not "his person"; now a woman can commit, it will not be an offence under this new section to expose breasts or buttocks.


Additional Review by Detective Sergeant Paul Cheadle, Metropolitan Police.

I have thoroughly enjoyed using this annotated statute book.  It has broken down the complex Act into easily-referenced digestible sections with wonderful supporting notes.  This I have already used for reference in enquiries and it has been a lot quicker to use than logging onto the ever-laboured police legal database.

This book I feel should be issued to every detective employed within operation Sapphire in the Metropolitan Police (Specific to sexual offence investigations.)  I have received some envious looks from colleagues who now regard me as an expert on the new Sexual Offences Act.

On the practicalities of its size and cover, it is a pleasant workable size, easily stored in brief case or drawer and the cover is subtle.  If only more law textbooks were laid out in such a fashion, the depth of officer’s knowledge would be far greater.

 Paul Cheadle
 



Encyclopedia of Road Traffic Law and Practice

Edition: 1960 -  2004 Loose-leaf

ISBN: 0421007605

Publishers Sweet and Maxwell

Price:  £ RRP UK

Publication Date: Constantly updated

Top of Form

Bottom of Form

The

Encyclopedia of Road Traffic Law and Practice provides comprehensive, authoritative and up-to-date information on all aspects of road traffic law and practice. The six volumes are updated three times a year to keep readers abreast of the flow of new cases, legislation, statutory instruments and European material in this area.
Subscribers will also receive a bulletin three times a year as part of the service. This contains essential information on recent cases and topical news.
* Reproduces all relevant legislation and subordinate legislation, with clear detailed explanation and interpretations
* Includes summaries of case law and separate sections devoted to procedure and EU materials
* Contains fully annotated legislation so that technicalities are made clear, problem areas can be identified and the statutes put into context
* Explains traffic sign regulations complete with illustrations so that nothing is overlooked
* Includes European coverage such as the Directives on drivers' hours and tachograph
CONTENTS
Table of Statutes. Table of SR&Os and Statutory Instruments. Table of cases. Table of Community treaties. Table of Community secondary legislation.

 



Criminal Evidence

Edition: 5th 2004

Author: Richard May and Steven Powles

ISBN: 0-421-79660-X

Publishers: Sweet & Maxwell

Price £95 RRP UK

Publication Date: 1st July 2004

Criminal Evidence is a highly practical and accessible work on criminal evidence and how it operates, dealing with the problems which may arise. It covers all forms of criminal evidence, with clear explanation from experienced practitioners. The work shows what the burden and standard of proof is and covers what is and is not admissible in different situations. It goes on to set out what happens at trial.

Key topics covered include Character, Hearsay, Identification, Corroboration and Disclosure. Criminal Evidence also includes relevant legislation, including ECHR material, with explanatory annotations.

This edition covers many important developments since publication of the previous edition in 1999. These include:

The Criminal Justice Act 2003, the most fundamental reform of the law in this area for over a century, which has rewritten the law relating to character and hearsay evidence, made substantial changes to the law relating to discovery, and introduced trials without juries in some instances the important procedures relating to vulnerable witnesses the statutory scheme governing the competence of witnesses provided by the Youth Justice and Criminal Evidence Act 1999 other relevant legislation including application of the Human Rights Act 1998, the Terrorism Act 2000 and the Regulation of Investigatory Powers Act 2000.

The new PACE Codes issued under the Police and Criminal Evidence Act 1984.

Recent significant developments in case law.



Extradition and International Co-operation Acts 2003

A Current Law Statute Guide

Author: Alastair Brown

ISBN: 0421878908

Publishers: Thomson Sweet & Maxwell

Price £58

Publication Date:

With this Current Law Statute Guide, you can turn to the full text of both the Extradition Act 2003 and the Crime (International Co-operation) Act 2003, plus comprehensive and authoritative annotation.

The Extradition Act 2003 brings in important changes to the extradition process, including the European Arrest Warrant which introduces fast-track extradition arrangements between EU member states. Suspects can now be extradited from the UK even if the crime of which they are suspected is not an offence under UK law. The Act also changes the rights of appeal against extradition applications.

The Crime (International Co-operation) Act 2003 gives the UK access to the Schengen system and grants the Information Commissioner new powers to monitor the data on the system. The Act changes mutual assistance procedures and brings in new obligations on the provision of information to other states about suspected offenders. In addition, the Act brings under UK law terrorist offences committed outside the UK.

The Guide will enable you to:

Interpret the provisions under the Acts

Familiarise yourself with the changes

Understand the technicalities of the new procedures

Easily find the information you need via the comprehensive index

Clear and detailed annotation will enable you to understand how the Acts work in practice and what their requirements are.

Dr Alastair Brown is a Solicitor-Advocate in Scotland, a Solicitor in England & Wales and a Fellow of the Scottish Centre for International Law


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