Book Review: New South Wales Police Law Handbook
| Date | 01 December 1989 |
| Published date | 01 December 1989 |
| DOI | 10.1177/000486588902200414 |
| Author | Phillip Lloyd |
| Subject Matter | Book Reviews |
BOOK REVIEWS
287
New
South Wales Police Law Handbook, JOxley-Oxland, Butterworths, Sydney
(1988) xx, 166 pp,
$22
soft cover.
Police Officers have to make their decisions on the spur of the moment (Croom-Johnson LJ/G vChief
Superintendent
of
Police, Stroud (1988)
86
Criminal Appeal Reports, Eng 92).
It
is
presumptuous of the author to contradict the very positive observations by
NSW Police Commissioner Avery in the Foreword to Oxley-Oxland's text. This
publication
is
"user-friendly" -well indexed, accorded clear chapter headings and
sub-headings -all of which facilitates skimming. However, the fact that in respect
to some sections skimming
is
necessary to identify "the critical case" from
"the
critical cases which serve
as
constraints" (the Avery Foreword), begs the question,
"is the handbook concept thereby devalued?".
In "Procedure on Arrest" (pp 95-102), canvassing of the subject matter
is
arguably more in the form of atreatise than "concise and accurate delineation
of
...
power(s)". Similarly, in respect to "Electronic Seizure" (pp 151-9), an
emphasis upon the choice of action available to investigators via precedent
judgments, with less focus upon historic legal stumbling-blocks, would be more
productive for people with limited time to discover solutions
or
devise strategies.
As the Foreword also contemplates that this book would be used by recruits, the
employment
of
margin side notes in respect to enactments quoted within decisions
decided outside of New South Wales would signal to prep students -recent
graduates, that the "law" which they are assimilating
is
not the law (of New South
Wales) which would
spe<tifically
relate to them.
The Preface by Mr Oxley-Oxland serves to highlight the perennial difficulty
of
a
handbook concept in respect to Criminal Law; the useful life of the product
is
diminished in proportion to the volume of ongoing precedent generated by an
ever-expanding number of courts. The author was obliged to address this
phenomenon in his reference to Zecevic (High Court ofAustralia, 1987) -handed
down between submission of the manuscript and publication.
In the section "Procedure On Arrest" the learned author's interpretation
of
part
of s352
of
the Crimes Act (NSW) springs from aconsideration of: R v Williams
(1986), McKellar and Booth vSmith (1982) and Merritt and
Roso
(1985). However,
the absolute requirement that an arrested person should be taken before ajustice
"without delay" has been diluted by the New South Wales decision of R v Burns
(Ct Crim
App
19
August 1988).
To summarise, with the exception of "electronic seizure", the
21
sections are
covered well. The construction placed upon the carefully selected collections of
cases provides abalanced and logical analysis ofparticular police powers and duties.
The writer
is
aware that Oxley-Oxland's simply stated interpretations have often
facilitated the furnishing ofadvice by prosecutors and the choice ofaction/strategies
for criminal investigators.
The concept of this handbook should not be abandoned simply because it
is
not
compatible with loose-leaf release amendment. Subject to timely revision it will
remain avaluable tool for all involved in law enforcement. The often-shunned idea
of advertising in alaw text could defray the cost of more frequent publication
of
updated editions.
Newcastle PHILLIP
LLOYD
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