Recent Book: “INCEST a Family Pattern”
| Published date | 01 October 1982 |
| DOI | 10.1177/0032258X8205500416 |
| Author | Loma Baker |
| Date | 01 October 1982 |
| Subject Matter | Recent Book |
RECENT BOOKS
L.
H.
LEIGH
and J. E.
HALL
WILLIAMS:
The Management
of
the Prosecution
Process in Denmark. Sweden and the Netherlands.
Leamington Spa (Warwickshire): James Hall (Publishing) Ltd. £5.50.
This book which examines the pro-
secutions procedures inthree lesserknown
European countries is of particular
interest in view of the debate on the
English prosecution system being given
fresh impetus by the Report of the Royal
Commission on Criminal Procedure,
Cmnd. 8092 (London 1981).
The proposition that the current
system in England and Wales is in some
way defective and that the fault lies with
the police having too much discretion
was the stimulus for this study, the
declared aim being to examine three
selected
continental
systems with
particular emphasis on discovering what
control such systems exercise over the
Police
in the
investigation
and
prosecution of criminals.
There is no doubt that in each of the
countries studied there is a formal
structure of control exercised by legally
qualified personnel. Some of these
persons function totally within the Police
Service and others have varying degrees
of independence. These procedures
appear to work well in the countries
concerned. However, as the authors
freely admit, it does not necessarily
follow that any of the procedures would
be suitable inan English context. Indeed,
it could be argued that any difference
between our system and many of the
continental ones is more apparent than
real. In most cases they have formal
written
constitutions
which lend
themselves to formal structures. We on
the other hand have resisted attempts to
institute a formal written constitution,
preferring to achieve progress by less
formal means.
County Prosecuting Solicitors have
been established in the greater part ofthe
Kingdom without the benefit of
legislation. In those areas where the
c.P.S.
is wellestablished it is rare for the
Police to proceed to a prosecution
against his advice. The English system
relies on advice and co-operation
between the legal profession and the
Police, whereas the systems in Denmark,
Sweden and Netherlands appear to
incorporate control and coercion. Full
disclosure of information is written into
the continental system but that does not
mean that it does not occur in this
country. Despite the view of the authors
that the Police here are secretive and
reluctant to supply information prior to a
trial it is nevertheless the case thata great
deal of disclosure is made to the defence
prior to trials in this country. However,
as there has been no proper study of our
prosecution procedure perhaps the
authors can be forgiven for this mistaken
view.
The procedures in each of the
countries are adequately described and
provide interesting reading. However,
caution should be applied to the
conclusions drawn by the authors as the
study is based mainly on interviews with
participants and as far as one can see no
objective observational procedures have
been used. The results are therefore
descriptive rather than analytic, the
evidence is based on hearsay rather than
real evidence and must be treated
accordingly. Nevertheless, the book gives
an interesting insight into the workings
of procedures in the three countries
concerned and adds a useful body of
information fpr consideration by those
involved in aspects of comparative
criminal procedure. J. D. Chidwick
JEAN
RENVOlZE:
"INCEST
A Family Pattern" ,
London and Henley: Routledge &Kegan Paul. £7.95.
Ten years ago, child abuse was generally books had been published on the subject,
considered to be a comparatively rare procedures were still under debate, and
occurrence confined mainly to the the opportunity to share ideas and
poorer, less adequate families. Few experiences at seminars or on training
October 1982 391
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