Book Review: Entry, Search and Seizure: A Guide
| Published date | 01 April 1997 |
| Date | 01 April 1997 |
| DOI | http://doi.org/10.1177/0032258X9707000223 |
| Subject Matter | Book Review |
DISCLOSURE IN CRIMINAL PROCEEDINGS, by David Corker.
Sweet &Maxwell. Paperback £45.
In this publication the author examines all issues of disclosure in criminal
proceedings, in particular the changes brought about by the Criminal
Procedure and Investigations Act 1996, and how they affect the existing
common law requirements. The draft code of practice issued under Part II
of the Act is contained in an appendix, as are ss.l to 27 of the Act.
In nine chapters, the last of which is headed "The European Convention
on Human Rights and Disclosure", all aspects of this controversial, even
contentious subject are covered in such a way as to be of great assistance
to all those involved in criminal proceedings, whatever their role!
R.W.S.
CRIMINAL PROCEDURE AND SENTENCING IN THE
MAGISTRATES' COURT, 4th edn, by Inigo Bing.Sweet &Maxwell.
Paperback £45.
This book forms part of the Criminal Practice Series - a group of practical,
approachable and accessible works covering key areas of the criminal law.
As such, the series will be of interest to police officers. Criminal
Procedures and Sentencing is an explicit and practical guide to all
procedural problems, the first edition of which appeared in 1990. This
fourth edition states the law as at March I, 1996 and discusses, inter alia,
the cases of R. v. Brown and R. v. Keane re disclosure; and Court at
Maidstone ex parte Lever. Also discussed is Percy v. DPP (1995) 159 IP
337: violence required for binding over.
Before 1981a breach of the peace had long been a vague and undefined
legal concept. Police officers tended to equate it with literally any sort of
disturbance. Since 1981, R. v. Howell (1982)
146IP
13 is the authority for
defining a breach of the peace. Percy v. DPP tells us that violence is
required before magistrates can exercise their powers of binding over under
s.115 of the Magistrates' CourtsAct 1980. Howell tells us, "There is a
breach of the peace whenever harm is actually done or is likely to be done
to a person or in his presence to his property or a person is in fear of being
so harmed through an assault, an affray, a riot, unlawful assembly or other
disturbance."
The facts of Percy v. DPP were that that complaint had been laid
against Percy, that she had unlawfully conducted herself by entering
RAF Alconbury in circumstances whereby a breach of the peace was
reasonably apprehended. (For the full case discussion see The Police
Journal LXVIII (No.3) 1995, p.265.)
The book is very comprehensive, there are very full chapters on Bail;
Fraud, Offences Against the Person; and Motor Vehicles. The appendices
are also well written and include, inter alia, flowcharts re procedural steps
and sentencing guidelines - often a paradox in police libraries.
ENTRY, SEARCH AND SEIZURE: A GUIDE,
3rd
edn, by Richard
Stone. Sweet &Maxwell. Hardback £58.
This book details the rights of entry, search and seizure, arising not only
in criminal investigations but also in the context of civil procedures.
It
186 The Police Journal April 1997
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