Recent Book: Points to Prove
| DOI | 10.1177/0032258X8205500229 |
| Date | 01 April 1982 |
| Author | J. D. Chidwick |
| Published date | 01 April 1982 |
| Subject Matter | Recent Book |
covered by the five distinguished
contributors in stimulating and chal-
lenging contributions.
Circuit Judge Eric Stockdale, a
respected student of penology, raisesthe
controversial
matters
of
whether
sentencing should be the responsibility of
the courts, and lighter sentences given for
guilty pleas.
John McCarthy, the controversial
governor
of
Wormwood
Scrubs,
provides a most authoritative guide to
the way in which prisons are organized
and how they work in reality.
Howard Jones, a distinguished British
criminologist, not only edits the whole
publication but also discusses the kinds
of penal objectives which have been
proposed. A timely contribution to the
literature. VICTOR QUINN
STEWART
CALLIGAN.
Ll.B.:
Points to Prove
London: Police Review Publishing Company Ltd. £3.50
This is a handy little book in more ways
than one. Measuring approximately
'j'
x
will fit easily into a uniform pocket.
Handy also in that it contains a quick but
accurate reference to the most common
offences that an officer is likely to deal
with, unsupervised, on a day today basis.
The Scarman Report, albeit in a
slightly different context, suggest that
basic training of police officers is too
short. This is unlikely to change in the
short term and therefore anything which
assists "on the job training" and self
motivation is to be welcomed. Mr.
Calligan's book is timely in its
appearance for if used by officers in the
early stages of investigation can do much
to alleviate many errors. Bytaking a little
time to referto the contents ofthe book it
should be possible to deal with offences
properly and efficiently.This initselfcan
contribute
to
good
police-public
relations, for it is just as important to
know what is not an offence and thereby
not interfere unnecessarily with the
freedom of the individual as it is to know
exactly what constitutes an offence.
There are two questions that an officer
needs to ask himself:
I. On the facts presented has an
offence been committed?
2. Is there sufficient evidence to
support the charge?
Long experience in "prosecutions"
work has led me to conclude that the
second of these two questions does not
always receive the attention it deserves.
Many cases, whilst prima facie sound,
flounder because the evidence is weak or
incomplete, and if there is a
doubt
the
April
1982
magistrates are duly bound and perfectly
entitled to decide the case to the benefit
of the defendant.
Points to Prove may helpto minimize
such situations. As the title suggests, it
sets out to indicate the ingredients of
offences, but this is not a book of mere
"summons headings".
It
does indeed
include these but also goes on to explain
what is meant by each point in the charge
and how each can be proved or
disproved.
The book is logical in sequence and is
divided into three sections: traffic, crime
and miscellaneous offences. There is an
alphabetical and chronological index to
each section. There is much cross-
referencing in the indices which is
commendable. Excess alcohol, for
example, can be found under:
Alcohol
~
drive with excess
Drink-driving offence
Excess alcohol in the blood
There is a useful glossary of terms at
the start of the traffic section which
defines such troublesome terms as
"drive" and "use, cause or permit".
Each offence is set out as follows:
The Relevant Legislation.
A. Points to Prove - all the points
which go to make up the offence.
B. Meaning of Terms - in whichthe
meanings of the above points are
.explained,
C. Usual Method of Proving These
Points - an explanation of what
evidence is required to support the
charge.
Headings
Band
C have been drawn
from legislation, case decisions and the
normal practice of magistrates' courts
201
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