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Blackstone's Criminal Practice Revised edition, (With All Supplements) [Multiple-component retail product]

, (Professor of Criminal Justice School of Law Queen Mary University of London)
  • Formaat: Multiple-component retail product, 3264 pages, kõrgus x laius x paksus: 253x185x111 mm, kaal: 3689 g, Contains 1 Paperback / softback and 1 CD-ROM
  • Ilmumisaeg: 08-Oct-2009
  • Kirjastus: Oxford University Press
  • ISBN-10: 0199574251
  • ISBN-13: 9780199574254
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  • Formaat: Multiple-component retail product, 3264 pages, kõrgus x laius x paksus: 253x185x111 mm, kaal: 3689 g, Contains 1 Paperback / softback and 1 CD-ROM
  • Ilmumisaeg: 08-Oct-2009
  • Kirjastus: Oxford University Press
  • ISBN-10: 0199574251
  • ISBN-13: 9780199574254
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Blackstone's Criminal Practice is the only text to provide in a single, portable, and superbly-referenced volume all the material essential to criminal practice and procedure in both the Crown and magistrates' courts. Increasingly cited in court, its incomparable quality and clarity make it an essential reference for all serious criminal practitioners. Led by General Editors, David Ormerod and Lord Justice Hooper, our team of highly acclaimed authors has been handpicked to ensure that you receive practical, citable explanation, analysis, and guidance on all aspects of criminal court practice - providing immediate clarification of all you need to know on offences, sentencing, evidence, and procedure. And with a new simultaneous supplement containing essential materials, you can trust Blackstone's Criminal Practice to be your constant companion through every courtroom appearance. This new edition has been meticulously revised to provide extensive coverage of all new legislation, case law, and Practice Directions. With the option of regular supplements, free quarterly bulletins, and monthly website updates, you can rely on Blackstone's Criminal Practice to provide reassurance on all the latest developments in criminal law and procedure. This version includes CD-ROM. This CD-ROM is a single-user version, to be installed on one PC only. Network licences are available - for pricing and how to order please contact: Customer Services, Electronic Publishing Tel: +44 (0) 1865 353979 Email: network-cds@oup.com The system requirements are as follows: Windows only 32 MB of RAM (preferably 64 MB or more) Intel(r) Pentium(r) processor or higher (or equivalent) recommended Microsoft(r) Windows(r) 98, 98SE ME, NT 4.0 (SP3 and greater), 2000, XP 4-speed CD-ROM/DVD-ROM or greater Monitor capable of displaying 800x600 pixels resolution (SVGA) or greater
Preface vii
Preface to the First Edition ix
Acknowledgements xiii
Abbreviations xv
Contributors xvii
Guide to Blackstone's Criminal Practice xix
Table of Cases
xxvii
Table of Statutes
clix
Table of Statutory Instruments
ccxxviii
Table of Practice Directions
ccxxxix
Table of Codes of Conduct
ccxli
Table of Guidelines
ccxliv
Table of Protocols
ccxlvi
Table of Circulars
ccxlvii
Table of International Treaties and Conventions
ccxlviii
Table of European Legislation
ccl
PART A CRIMINAL LAW
Actus Reus: The external elements of an offence
1(16)
Mens Rea
17(15)
General defences
32(30)
Strict liability and vicarious liability
62(7)
Parties to offences
69(17)
Inchoate offences
86(28)
Human rights
114(35)
Territorial and extra-territorial jurisdiction
149(12)
PART B OFFENCES
Homicide and related offences
161(56)
Non-fatal offences against the person
217(49)
Sexual offences
266(87)
Theft, handling stolen goods and related offences
353(63)
Fraud, blackmail and deception
416(36)
Falsification, forgery and counterfeiting
452(31)
Company, investment and insolvency offences
483(31)
Damage to property
514(13)
Offences affecting security
527(28)
Terrorism, piracy and hijacking
555(68)
Offences affecting public order
623(63)
Offences relating to weapons
686(77)
Offences affecting enjoyment of premises
763(26)
Offences against the administration of justice
789(46)
Corruption
835(8)
Revenue, customs and social security offences
843(25)
Offences involving misuse of computers
868(10)
Offences involving writing, speech or publication
878(16)
Offences related to drugs
894(66)
Offences relating to dangerous dogs, hunting and animal welfare
960(15)
Offences relating to the proceeds of criminal conduct
975(14)
Immigration offences
989(14)
PART C ROAD TRAFFIC OFFENCES
Definitions and basic principles in road traffic cases
1003(13)
Evidence and procedure in road traffic cases
1016(12)
Offences relating to driving triable on indictment
1028(15)
Offences relating to documents triable on indictment
1043(7)
Drink-driving offences
1050(28)
Summary traffic offences
1078(17)
Sentencing generally
1095(18)
Endorsement, penalty points and disqualification
1113(10)
The schedules to the Road Traffic Offenders Act 1988
1123(26)
PART D PROCEDURE
Powers of investigation
1149(62)
The decision to prosecute and diversion
1211(22)
Courts, judges and parties
1233(46)
Criminal procedure rules and case management
1279(7)
Preliminary proceedings in magistrates' courts
1286(19)
Classification of offences and determining mode of trial
1305(28)
Bail
1333(63)
Assets recovery
1396(22)
Disclosure
1418(32)
Sending cases from the magistrates' court to the Crown Court
1450(47)
The indictment
1497(43)
Arraignment and pleas
1540(41)
Juries
1581(32)
Trial on indictment: general matters and pre-trial procedure
1613(59)
Trial on indictment: the prosecution case
1672(28)
Trial on indictment: the defence case
1700(7)
Trial on indictment: procedure between close of defence evidence and retirement of jury
1707(13)
Trial on indictment: procedure relating to retirement of the jury and verdict
1720(26)
Trial on indictment: sentencing procedure
1746(39)
Summary trial: general and preliminary matters
1785(25)
Summary trial: the course of the trial
1810(35)
Sentencing in the magistrates' court
1845(20)
Trial of juveniles
1865(43)
Civil behaviour orders: ASBOs, Closure Orders, SCPOs and VOOs
1908(32)
Appeal to the Court of Appeal (Criminal Division) following trial on indictment
1940(21)
Procedure on appeal to the Court of Appeal (Criminal Division)
1961(15)
Reference to the Court of Appeal (Criminal Division) following trial on indictment
1976(7)
Challenging decisions of magistrates' courts and of the Crown Court in its appellate capacity
1983(17)
Appeals to the Supreme Court and the role of the European Court of Justice and the European Court of Human Rights
2000(4)
Public Funding and Costs
2004(45)
Extradition
2049(8)
PART E SENTENCING
Sentencing: general provisions
2057(14)
Custodial sentences: general provisions
2071(11)
Mandatory life sentences
2082(5)
Custodial sentences for dangerous offenders under the Criminal Justice Act 2003
2087(13)
Prescribed custodial sentences
2100(5)
Suspended sentences under the Criminal Justice Act 2003
2105(6)
Custodial sentences: detention and custody of offenders under 21
2111(11)
Community order under the Criminal Justice Act 2003
2122(10)
Community sentences: offenders aged under 18
2132(40)
Referral order
2172(3)
Reparation orders
2175(2)
Absolute and conditional discharges
2177(3)
Binding over
2180(3)
Orders against parents
2183(5)
Fines
2188(11)
Compensation orders
2199(7)
Restitution orders
2206(2)
Deprivation orders
2208(4)
Confiscation orders
2212(28)
Recommendation for deportation
2240(4)
Exclusions and disqualifications
2244(12)
Mentally disordered offenders
2256(6)
Notification requirements under the Sexual Offences Act 2003
2262(3)
Rehabilitation of offenders
2265(2)
PART F EVIDENCE
General principles of evidence in criminal cases
2267(20)
The discretion to exclude evidence; evidence unlawfully, improperly or unfairly obtained
2287(23)
Burden and standard of proof and presumptions
2310(27)
Competence and compellability of witnesses and oaths and affirmations
2337(13)
Corroboration
2350(9)
Examination-in-chief
2359(24)
Cross-examination and re-examination
2383(25)
Documentary evidence and real evidence
2408(22)
Public policy and privilege
2430(26)
Opinion evidence
2456(18)
Admissibility of previous verdicts
2474(10)
Character evidence: evidence of bad character of accused
2484(41)
Character evidence: admissibility of evidence of accuseds good character
2525(9)
Character evidence: evidence of bad character of persons other than the accused
2534(7)
The rule against hearsay: general principles
2541(12)
Exceptions to the rule against hearsay (excluding confessions)
2553(41)
The rule against hearsay: confessions
2594(40)
Evidence of identification
2634(26)
Inferences from silence and the non-production of evidence
2660(231)
APPENDICES
Appendix 1 Codes of practice under the Police and Criminal Evidence Act 1984
2685(113)
Appendix 2 Attorney-General's guidelines
2798(17)
Appendix 3 The code for Crown Prosecutors
2815(6)
Appendix 4 Disclosure
2821(21)
Appendix 5 The consolidated criminal practice direction
2842(49)
Index 2891
Introduction v
Acknowledgements vii
Table of Cases
xiii
Table of Statutes
xv
Table of Statutory Instruments
xxv
Criminal Procedure Rules 2005 (SI 2005 No. 384)
The Overriding Objective
1(3)
Understanding and Applying the Rules
4(5)
Case Management
9(11)
Service of Documents
20(12)
Forms
32(3)
Court Records
35(4)
Starting a Prosecution in A Magistrates' Court
39(4)
Objecting to the Discontinuance of Proceedings in a Magistrates' Court
43(4)
Pre-trial Hearings in Magistrates' Courts
47(1)
Committal for Trial
47(5)
Transfer for Trial of Serious Fraud Cases or Cases Involving Children
52(5)
Sending for Trial
57(2)
Dismissal of Charges Transferred or Sent to the Crown Court
59(5)
The Indictment
64(2)
Preparatory Hearings in Cases of Serious Fraud and other Complex or Lengthy Cases in the Crown Court
66(5)
Restrictions on Reporting and Public Access
71(11)
Extradition
82(11)
Warrants
93(16)
Bail in Magistrates' Courts and the Crown Court
109(25)
Custody Time Limits
134(1)
Initial Details of the Prosecution Case
135(3)
Disclosure by the Prosecution
138(1)
Disclosure by the Defence
138(1)
Disclosure of Expert Evidence
138(3)
Applications for Public Interest Immunity and Specific Disclosure
141(8)
Confidential Material
149(5)
Witness Statements
154(2)
Witness Summonses and Orders
156(8)
Special Measures Directions
164(9)
Use of Live Television Link Other than for Vulnerable Witnesses
173(1)
Restriction on Cross-Examination by a Defendant Acting in Person
174(4)
International Co-operation
178(9)
Expert Evidence
187(8)
Hearsay Evidence
195(8)
Evidence of Bad Character
203(9)
Evidence About a Complainant's Sexual Behaviour
212(7)
Trial and Sentence in a Magistrate's Court
219(15)
Trial of Children and Young Persons
234(1)
Trial on Indictment
234(3)
Tainted Acquittals
237(8)
Retrial Following Acquittal for Serious Offence
245(16)
Remittal from one Magistrates' Court to Another for Sentence
261(1)
Committal to the Crown Court for Sentence
262(2)
Breach, Revocation and Amendment of Community and Other Orders in a Magistrates' Court
264(4)
Deferred Sentence
268(1)
Custodial Sentences
269(1)
Suspended Sentences of Imprisonment
269(2)
Community Penalties
271(1)
Hospital and Guardianship Orders
272(2)
Civil Behaviour Orders after Verdict or Finding
274(9)
Fines
283(1)
Enforcement of Fines
283(14)
Compensation Orders
297(1)
Conditional Discharge
298(1)
Road Traffic Penalties
299(4)
Confiscation Proceedings under the Criminal Justice Act 1988 and the Drug Trafficking Act 1994
303(6)
Proceeds of Crime Act 2002---Rules Applicable to all Proceedings
309(15)
Proceeds of Crime Act 2002---Rules Applicable only to Confiscation Proceedings
324(12)
Proceeds of Crime Act 2002---Rules Applicable only to Restraint Proceedings
336(5)
Proceeds of Crime Act 2002---Rules Applicable only to Receivership Proceedings
341(8)
Proceeds of Crime Act 2002---Rules Applicable to Restraint and Receivership Proceedings
349(22)
Proceeds of Crime Act 2002---Rules Applicable to Investigations
371(3)
Appeal to the Crown Court
374(10)
Appeal to the High Court by Way of Case Stated
384(7)
Appeal to the Court of Appeal: General Rules
391(14)
Appeal to the Court of Appeal Against Ruling at Preparatory Hearing
405(8)
Appeal to the Court of Appeal Against Ruling Adverse to the Prosecution
413(11)
Appeal to the Court of Appeal about Conviction or Sentence
424(14)
Appeal to the Court of Appeal Regarding Reporting or Public Access Restrictions
438(9)
Reference to the Court of Appeal of Point of Law or Unduly Lenient Sentencing
447(8)
Appeal to the Court of Appeal under the Proceeds of Crime Act 2002---General Rules
455(10)
Appeal to the Court of Appeal under Proceeds of Crime Act 2002--- Prosecutor's Appeal Regarding Confiscation
465(3)
Appeal to the Court of Appeal under POCA 2002---Restraint or Receivership Orders
468(7)
Appeal or Reference to the House of Lords
475(4)
Reference to the European Court
479(1)
Representation Orders
480(1)
Recovery of Defence Costs Orders
480(1)
Costs Orders against the Parties
480
Sentencing Guidelines Council Sentencing Guidelines
Reduction in Sentence for a Guilty Plea
1(8)
New Sentences: Criminal Justice Act 2003
9(12)
Overarching Principles: Seriousness
21(7)
Manslaughter by Reason of Provocation
28(6)
Robbery
34(11)
Breach of a Protective Order
45(6)
Overarching Principles: Domestic Violence
51(6)
Sexual Offences Act 2003
57(79)
Fail to Surrender to Bail
136(7)
Assault and Other Offences Against the Person
143(19)
Overarching Principles: Assaults on Children and Cruelty to a Child
162(11)
Magistrates' Court Sentencing Guidelines
173(182)
Causing Death by Driving
355(10)
Theft and Burglary in a Building Other Than a Dwelling
365(11)
Breach of an Anti-social Behaviour Order
376(6)
Attempted Murder
382(33)
Index to Offences in Sentencing Guidelines 415