Bloomsbury Professional (Tottel Publishing) 2010
Memoirs of a Radical Lawyer
Author: Michael Mansfield
Publishers: Bloomsbury Publishing
Price: RRP £12.99
Publication Date: 9th June 2010
Publisher's Title Information
Michael Mansfield, QC, is Britain's most high-profile defence lawyer, whose unparalleled commitment to his clients and radical approach to forensics, evidence and disclosure have made him a scourge of the establishment and a champion of the individual in many miscarriages of justice cases. Passionate about unveiling corruption and unafraid to challenge received wisdom, he has taken on many of the most controversial cases of our times, including the Bloody Sunday Inquiry, Angela Cannings, Jill Dando and Barry George, Dodi Fayed and Princess Diana, Stephen Lawrence, Arthur Scargill and the miners and, most recently, the tragic death of Jean Charles de Menezes. Dissecting these cases with incisive intelligence, subtlety and humour, and interspersing revealing personal reminiscences he offers a fascinating insight into the idiosyncrasies of the English legal system and how it has changed from the late 1960s to the present.
“'Probably the biggest household name at the criminal Bar is Michael Mansfield, QC, a sure-fire role model for students wondering about a career in criminal (or civil rights) law.'” - The Times Online
“'Brilliant...a sophisticated criminal practitioner who has delivered some of the most powerful pieces of advocacy witnessed in this country's courtrooms'” - Chambers Legal Directory 2009
“'A fascinating and passionate record of the author's major cases in courts, inquests and public inquiries, whose context will be as familiar to the general reader as to the lawyer'” - Spectator
“'I hugely admire him ... This book is not just a show-off catalogue of his greatest hits. It is a shaming, chilling list of injustices'” - A.N Wilson, Daily Mail
Michael Mansfield QC was born in 1941 and educated at Highgate School and Keele University. Called to the Bar in 1967, he established Tooks Chambers, in 1984 and became Queen's Counsel in 1989. He has represented defendants in criminal trials, appeals, inquests and inquiries in some of the most controversial legal cases the country has seen, particularly where issues of Civil Liberty have arisen; he is President and Patron of numerous organisations including the Haldane, Amicus and Viva!, Professor and Honorary Fellow of many universities as well as being a regular contributor to public debates on human rights issues.
Abuse of Process in Criminal Proceedings 3rd Edition
Authors: David Young, Mark Summers and David Corker
ISBN: 978 184592 234 4
Publishers: Bloomsbury Professional, Tottel
Publication Date: 2010
Publisher's Title Information
Abuse of Process in Criminal Proceedings, 3rd ed, is an essential practitioner's guide to all areas of the law relating to abuse of process in criminal law including delay, breach of promise, the destruction of evidence, entrapment, and adverse publicity.
Both learned and immensely practical, this much respected book provides a thought-provoking analysis of underlying issues and will help the reader to quickly assimilate and understand the evolving case law on different aspects of abuse of process. Previous editions of the work have won wide acclaim from both the Law Society and the Criminal Bar Association.
"Its authors are universally admired for their mastery of their subject", Mr. Justice Calvert-Smith.
The third edition has completely revised and updated the previous work, and includes a substantial body of new case law which has developed over the last six years, both domestic and ECHR, reported and unreported. It also covers significant new changes to double jeopardy, the new disclosure rules, nondisclosure abuse, terrorism, Extradition Act 2003, the impact of the Criminal Justice Act 2003 and includes a new chapter on confiscation proceedings.
David Young is a barrister at 9 Bedford Row, London. He is a specialist defence Counsel with a wide ranging practice. David has appeared in many high profile trials, and has particular expertise in cases involving terrorism, murder, organised crime and serious fraud.
Mark Summers is a barrister at Matrix Chambers and practices in crime, with particular expertise in terrorism and extradition cases. Mark has appeared in numerous high-profile terrorism trials and cases concerning complex cross-border and jurisdictional issues.
David Corker is a solicitor at Corker Binning. He specialises in criminal, asset recovery and regulatory work. He writes and lectures widely about these areas of practice.
It is a pleasure to be asked to write the foreword for this third edition of Abuse of Process in Criminal Proceedings. The authors are to be congratulated on maintaining the high standards which made the previous two editions of the work so successful.
An application to stay proceedings as an abuse of the process of the court has the potential to arise in any trial however minor, serious or complex and in whatever trial venue. Although not on the scale of the dramatic expansion of the doctrine of abuse of process during the 1990s, developments in recent years have been significant. There is no doubt that the appellate courts were uneasy at the volume of applications to stay proceedings and that recent years have seen the courts striving to refine the principles (e g in relation to reneging on promises (Chapter 2); ensure their consistent application (e g on the destruction or loss of evidence (Chapter 3)) and effectively eliminate some categories of abuse (as with adverse publicity after Abu Hamza, see Chapter 9). The authors have responded by incorporating discussion of all these developments and of the areas in which abuse of process continues to expand more dramatically. Thus, the chapter on extradition has been extensively rewritten, and there is a valuable new chapter on confiscation reflecting the recent case law on that subject (Chapter 11).
The work is renowned for its comprehensive and up-to-date coverage and this edition does not disappoint. The authors have included several hundred cases decided since the last edition, many of them unreported, as well as the relevant ECHR case law. The accessibility of the work is also to be commended. The busy practitioner ought to be able to locate relevant information easily and swiftly. However, the text offers more than simply a catalogue of cases and relevant principles. Within each chapter, the authors have placed the discussion in context. For example, the examination of delay in Chapter 1 is preceded by explanation of the dominant ECHR jurisprudence on which that head of abuse has developed Similarly, the analysis of publicity in Chapter 9 includes an outline of contempt of court, and confiscation (Chapter 11) is introduced by an overview of the Proceeds of Crime Act 2002 and a brief history of the legislative scheme.
As with previous editions the work deserves respect for its presentation of an accurate and realistic account of the doctrine of abuse of process. Advocates are cautioned against potentially hopeless or damaging submissions which is entirely appropriate given the appellate courts' declared anxiety as to the overuse of abuse of process applications.
The overriding virtue of the book remains its intensely practical nature. It is designed by practitioners for use by practitioners both defence and prosecution. It provides practical advice on how best to either present, or respond to, an abuse submission.
I am confident that this third edition will prove as successful as its predecessors. It seems safe to assume that development in the area will continue at such a pace that a new edition will be necessary before too long!
David Ormerod, Professor of Criminal Justice, Queen Mary, University of London
It has been almost six years since the last edition of this work and few would agree with the proposition that, in that time, the substantive and procedural legal landscape of criminal law has altered beyond all recognition. To highlight but two obvious examples, the Criminal Procedure Rules have been introduced and the CPIA disclosure regime has been completely restructured.
Applications to stay proceedings on grounds of abuse of process have almost become a part of the Criminal Justice system's home furniture. Indeed, in the 2005 protocol issued by the Lord Chief Justice on the 'Control and Management of Heavy Fraud and other Complex Criminal Cases', the doctrine of 'abuse of process' has its own discreet section. In the protocol, which seeks to improve abuse of process case management, the Lord Chief Justice notes how such applications 'have become a normal feature of heavy and complex cases'.
The second edition of this work provided a snapshot of the common-law abuse 'family' as it existed in 2003. This edition attempts to capture the family as it exists in late 2008. Despite the changing landscape, and despite a direct assault upon them by Parliament, not only are all of the 2003 family members still clearly visible in this 2008 family portrait, and all still in outrageously rude health, but the astute viewer will notice at least two new children born in the intervening years.
It is right to acknowledge that some family members have changed little. Entrapment (chapter 6), for example, in which R v Looseley remains the guiding light, has a few more grey hairs, but remains basically recognisable from the 2003 photo. Although it has to be said that her settled demeanour may soon be tested, insofar as private entrapment is concerned, by the Divisional Court's ruling in Council for the Regulation of Healthcare Professionals v General Medical Council (Re Saluja)  1 WLR 3094. Equally, the destruction abuse case law (chapter 3) has benefited from the consistent application of the R (Ebrahim) v Feltham Magistrates' Court decision.
By contrast, some members have obviously aged a great deal. Since posing in 2003, delay (chapter 1) has undergone a face lift in light of the House of Lords' ruling in Attorney-General's Reference (No 2 of 2001)  2 AC 72 and her internal conflicts have, to some extent, been resolved by the Privy Council's decision in Spiers v Ruddy & HM Advocate General  2 WLR 608.
A complete newcomer to the brood is confiscation abuse (chapter 11) following the landmark decisions in R v Mahmood and Shahin  Cr App R (S) 96, CA, R v Shabir  EWCA Crim 1809 and R v Morgan & Bygrave  EWCA Crim 1323. Another welcome progeny to the field of executive misconduct (chapter 5) is Laws LJ's ruling in R v Grant 1 QB 60, CA regarding deliberate intrusion upon legal professional privilege.
The 2003 babe-in-arms, extradition abuse (chapter 8), has since grown into a formidable member of the family. The coming of the Extradition Act 2003 proved to be her saviour. The removal of significant traditional procedural safeguards by the 2003 Act meant that the need for an established extradition abuse jurisdiction became an inevitability. Thus it was that her jurisdiction was confirmed in Bermingham v Director of the Serious Fraud Office  QB 727, DC, her procedural rubric laid out in R (Government of the United States of America) v Bow Street Magistrates' Court  1 WLR 1157, DC and her substantive limits and policy concerns delineated by the House of Lords in McKinnon v Government of the United States of America  1 WLR 1739, HL. Her presence in the 2008 photo as a healthy family member is significant. She is a microcosm of the entire family. Her jurisdiction having been established, extradition abuse concerns herself with the entire abuse spectrum. From double jeopardy to delay, from breach of promise to executive misconduct, extradition abuse is fashioned by, and herself fashions, the jurisprudence of the rest of the family.
It is now over 15 years since ex parte Bennett catapulted the abuse family into the limelight. Initial judicial restraint in scrutinising alleged state impropriety and misconduct has largely dissipated. R v Grant is a timely reminder of this; that the ability and willingness of those engaged in the criminal justice system to abuse it, is matched only by the determination of this elder member to stand as a bulwark against such executive misconduct. This matriarch has provided the core strength and stability to the family. Under her watch, other family members, who would perhaps have been unable to establish themselves in their own right, have been able to flourish. The authors commend this family to you again. At their heart lies the rule of law.
We have endeavoured to state the law as at 1 January 2009.
David Young, Mark Summers and David Corker
REVIEW of 2nd Edition
Chapter 6 entrapment will be of particular interest to Police Officers. Entrapment is a legal term which carries a strong connotation but whose definition has proved problematic. In the now watershed case of R v Looseley  Crim LR 161 Lord Hoffmann defined it as "Entrapment occurs when an Agent of the State - usually a law enforcement officer or a controlled informer - causes someone to commit an offence in order that he should be prosecuted". The Preface tells us this still remains the guiding light, with a few grey hairs.
A copy of this book should be in all Police libraries.
Youth Court Guide, 4th edition
Authors: Terry Moore, Pakeeza Rahman and Tony Rendell
ISBN: 978 1 84766 543 0
Publishers: Tottel (Bloomsbury Professional)
Publication Date: June 2010
Publisher's Title Information
The new edition of Youth Court Guide includes changes introduced by the Sentencing Guidelines Council Definitive Guideline “Overarching Principles - Sentencing Youths”. These guidelines are likely to play a major role in shaping the approach to the sentencing of young people.
Many sections have been updated including those dealing with mode of trial and the imposition of custodial sentences. The new edition has been substantially updated to take into account of: · Youth Justice Board Scaled Approach · Imposition and breaches of the old sentencing orders · New powers to impose restraining orders which apply to youths are set out in the chapter on ancillary orders · The arrival of the youth restorative disposal (YRD) by police forces which has introduced another form of pre-charge intervention · CPS guidance on prosecuting youths for offences committed at their care homes has been included in the appendices. Throughout the new edition of the Youth Court Guide updates have been made as a result of new case law including: C v Sevenoaks Youth Court  EWHC 3088 (Admin), R (on the application of W) v Warrington Magistrates' Court  EWHC 1538 (Admin)), and R v Malicki  EWCA Crim 365.
Prosecution and the constitution of the court
Attendance at court
The Youth Court and Human Rights Act
Venue of proceedings
The Youth Court hearing
Adjournments and remands
Referral orders, deferment of sentence, discharges, reparation orders and financial orders
Youth rehabilitation orders
Old youth community orders
Breach, revocation and amendment of youth rehabilitation orders and reparation orders
Additional powers and ancillary orders in the Youth Court
Common problems in the Youth Court
Anti-social behaviour orders in the Youth Court
The mentally disordered juvenile
Youth Court Guide, 4th edition, is a user-friendly book that contains everything you need to know about the fundamental principles and day-to-day practices of the youth court, guiding you through every stage of youth justice from diversions through to trial, sentence and any appeal.
Youth Court Guide is a specialist guide to the Youth Court and the only concise reference tool which can provide an immediate answer to many of the issues that confront practitioners who deal with juvenile crime and the Youth Court. Now in its fourth edition, this well respected title has been in use by prosecution and defence lawyers, legal advisers, magistrates, district judges, Youth Offending Teams and all those involved in the work of the Youth Court for over 25 years. The new edition has been fully updated to take account of changes in the law and covers:
The Sentencing Guidelines Council's Overarching Principles Sentencing Youths guideline
Old youth community orders (relevant for offences committed before 30 November 2009)
The changes to special measures and youth trials brought about by the Criminal Procedure Rules 2010 and the Coroners and justice Act 2009
Restraining orders and the courts wider powers due to the Domestic Violence, Crime and Victims Act 2004
Extracts of the SGC's specific offence sentencing guidelines in relation to youths for
Robbery, Sexual Offences Act 2003 and Breach of an Anti-Social Behaviour Order
The final warning gravity score matrix, to gauge likelihood of prosecution
New Code for Crown Prosecutors (2010) and CPS legal guidance on prosecuting youths for offences including those committed at their care homes
The Bradley Report's recommendations on youths with mental health problems and learning difficulties within the criminal justice system
Guidance on bail in murder cases
The 'Sexual Offences in the Youth Court' Protocol
A sentencing cases compendium that includes knife crime, robbery and sexual offences
New cases such as C v Sevenoaks Youth Court , R (on the application of W) v Warrington Magistrates' Court , R v Malicki , R v Barker , Attorney General's Reference No 6 of 2009  and other new authorities
Terry Moore is a solicitor and former justices' Clerk for Somerset in the South West of England. He has 30 years of experience working as a lawyer in the Youth Court and has trained fellow lawyers in HMCS, CPS, and the defence community. He has also worked with NACRO as a member of the Young Offender's Committee (1988 -1997) and was legal adviser to the Magistrates' Association Youth Offenders
Committee (1992-2000). He was also editor of Anthony and Berryman's Magistrates' Court Guide (1994-2006).
Pa keeza Rahman is a solicitor employed as a Legal Adviser for HMCS Avon and Somerset. She is an experienced practitioner and has been regularly involved in researching and advising on youth court law and practice. She assisted with the preparation of the previous edition of the Youth Court Guide.
Tony Rendell is a barrister employed as the Deputy justices' Clerk for South Somerset and Mendip. He is the Youth Court specialist for HMCS in Avon and Somerset. Tony has over 20
years experience of advising on youth court law and practice. He regularly trains legal advisers and magistrates in the south west region. He works closely with youth offending team staff.
"...should find its way into the briefcase of any practitioner heading for the youth court" New Law Journal (review of 2nd edition)