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Archbold Magistrates' Courts Criminal Practice 2019
Archbold Magistrates' Courts Criminal Practice 2019
2019
Practice Area:  Criminal Law
ISBN:  9780414067301
Published by:  Sweet & Maxwell
General Editor:Stephen Leake
Publication Date:  31 Aug 2018
Format:  Hardback
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Archbold authority for the magistrates' court.

Archbold Magistrates’ Courts Criminal Practice is aimed at solicitors and key government institutions within the criminal justice sector. The work is an authoritative and comprehensive text that specifically focuses on the practice, procedures, and law pertinent to the magistrates’ courts. It is essential for all those involved in making the system effective: practitioners prosecuting or defending, authorities, magistrates, and those responsible for advising them in the administration of the courts. It is portable and usable as a stand-alone reference in magistrates’ court proceedings.
  • Covers all criminal matters dealt with in the magistrates' court with up-to-date case law and legislation
  • Encompasses pre-trial issues including criminal investigations, constitution and jurisdiction and commencement of proceedings
  • Goes through a trial procedure
  • Deals not only with general criminal offences, but also contains a detailed analysis of specific offences such as sexual, property, public order, road traffic, drugs, revenue and customs, regulatory and corruption
  • Provides practical guidance on substantive law, showing what the prosecution must prove, defences available and examining sentencing for each offence
  • Includes full citation of authorities from statute and case law which can be cited in court
  • Features specialist coverage of youth courts, with guidance on proceedings and the regime for vulnerable witnesses
  • Sets out how to deal with mentally disordered offenders, showing what special arrangements apply
  • Provides guidelines for the award of costs in criminal proceedings
  • Contains updated sentencing council guidelines, pace codes of practice, criminal procedure rules and criminal practice directions for ease of reference
  • Ensures portability with a one-volume format, ideal for court use
 
New material in the 2019 Edition:
  • Brand new chapters on Confiscation of Orders by the magistrates’ courts and Forfeiture of the Proceeds of Crime
  • Examines the meaning of cheating in the context of gambling and the relevance to it of dishonesty as upheld by the recent UK Supreme Court case in Ivey v. Genting Casinos (UK) Ltd t/a Crockfords
  • Provides guidance in relation to application of the Psychoactive Substances Act 2016 with reference to the 2017 case of R. v. Chapman where the Supreme Court dismissed the appellants application by confirming that nitrous oxide is not a medicinal product and therefore is not an exempted substance within the purposes of the 2016 Act
  • Considers the case of R. (Cardin) v. Crown Court at Birmingham which re-examines prosecution’s ability to appeal to the Crown Court against a grant of bail
  • Grounds for the trial of young children in Crown Court as highlighted by the Court of Appeal in R. v. Grant-Murray and Henry;  R. v. McGill, Hewitt (Corey) and Hewitt (Andrew)
  • Considers the self defence case of R v Ray and the level of force used which is deemed reasonable under the circumstances in householder cases
  • An age assessment of the defendant to be conducted when the age is in dispute as held by the High Court in R. (M.) v. Hammersmith Youth Court
  • The scope of privilege against self-incrimination as depicted by the High Court in the case of R. (River East Supplies Ltd) v. Crown Court at Nottingham

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CONTENTS
Part I: Pre-Trial Issues.
Chapter 1: Criminal Investigations.
Chapter 2: Constitution and Jurisdiction.
Chapter 3: The Prosecutor and Alternatives to Prosecution;
Chapter 4: Commencement of Proceedings.
Chapter 5: Bail.
Chapter 6: Disclosure.
Chapter 7: Pre-Trial Procedure

Part II: Summary Trial.
Chapter 8: Summary Trial.
Chapter 9: Witnesses.
Chapter 10: Evidence.
Chapter 11: Challenging Decisions.

Part III: Specific Offences.
Chapter 12: General Principles.
Chapter 13: Offences of Violence.
Chapter 14: Sexual Offences.
Chapter 15: Property Offences.
Chapter 16: Public Order Offences.
Chapter 17: Road Traffic Offences.
Chapter 18: Offences Involving Drugs.
Chapter 19: Revenue and Customs Offences.
Chapter 20: Regulatory Offences.
Chapter 21: Corruption and other Offences against Public Morals and Policy and Offences against Public Justice.

Part IV: Sentencing.
Chapter 22: General Principles of Sentencing.
Chapter 23: Specific Sentences.
Chapter 24: Exclusion, Alteration and Enforcement.

Part V: Youth Courts.
Chapter 25: Jurisdictional Issues.
Chapter 26: Bail in the Youth Court.
Chapter 27: Sentencing in the Youth Court.

Part VI: Mentally Disordered Offenders.
Chapter 28: Mentally Disordered Offenders.

Part VII: Legal Aid and Costs.
Chapter 29: Legal Representation.
Chapter 30: Costs;

Part VIII: Miscellaneous Jurisdiction.
Chapter 31: Extradition;
Chapter 32: Confiscation Orders;
Chapter 33: The Forfeiture of the Proceeds of Crime

Appendix A: Pace Codes;
Appendix B: Disclosure Code of Practice;
Appendix C: Attorney General’s Guidelines;
Appendix D: Judicial Protocol on the Disclosure of Unused Material in Criminal Cases;
Appendix E: Guidance issued by the Director of Public Prosecutions;
Appendix F: Criminal Practice Directions;
Appendix G: Criminal Procedure Rules; Appendix H: Sentencing Council Allocation Guideline
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