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Butterworths Stone's Justices' Manual 2023 isbn 9781474324090

Butterworths Stone's Justices' Manual 2022

Edited by: Deputy District Judge Adrian Turner, Amanda Kelly, Nick Wattam, R. Kwame Inyundo

ISBN13: 9781474321082
New Edition ISBN: 9781474324090
Previous Edition ISBN: 9781474318037
Published: June 2022
Publisher: LexisNexis Butterworths
Country of Publication: UK
Format: Hardback, 3 Volumes, Supplement & CD-ROM
Price: Out of print



This unrivalled title provides comprehensive coverage of all existing, new and amended legislation and hundreds of new cases that set precedents or clarify particular principles of law. A supplement in November, included in the subscription, ensures you remain completely up to date.

Now in its 154th edition, Butterworths Stone's Justices' Manual is the most comprehensive and authoritative reference source in its field. In three volumes, this publication provides the most reliable and current coverage of all the changes affecting magistrates' courts, including criminal procedure. The accompanying CD-ROM completes the service and an updating CD-ROM and supplement in November, included in the subscription, ensure you remain completely up to date.

Updates to the 2022 edition include:

Offences and principles of criminal liability

  • Attorney General's Reference (No 1 of 2020) - no need to prove the defendant intended the touching to be sexual
  • R v Grant and Others - joint enterprise murder - the secondary liability of a defendant charged with encouraging or assisting crime is not based on causation
  • A Local Authority v C - Meaning of "causing or inciting" a person with mental disorder to engage in sexual activity
  • R v Hunter and another - Ticket touting falls within the offence of fraudulent trading, contrary to s 993 of the Companies Act 2006
  • R v AAD - Victims of trafficking - Whether conclusive grounds decision admissible as evidence in appeal against conviction - Whether limb two abuse of process jurisdiction still available to defendants

Practice and procedure

  • R (Director of Legal Aid Casework) v Crown Court at Southwark - Legal aid capital contribution orders - the Crown Court can consider applications under reg 26 for proportionate reduction outside the 21-day time limit
  • R v Ziegler and others - test to be applied in appeals by way of case stated in the assessment of the trial court's decision on "lawful excuse" when Convention rights are engaged
  • R v Brown - Ziegler has not created a free-standing ground for staying a criminal case for abuse of process
  • R (on the application of Siddiqui and another) v Westminster Magistrates' Court - grounds for setting aside the issue of a summons
  • R (on the application of Rayner) v Leeds District Magistrates' Court - Closure applications - statutory timetable and power to adjourn
  • Football Association Premier League v Lord Chancellor - private prosecutions - recovery of pre-commencement costs
  • R (on the application of TM Eye Ltd) v Crown Court at Southampton - correct approach to applications by private prosecutors for costs from central funds
  • R v Khan - Successful challenge of decision to proceed in the defendant's absence -defendant had notified the court he had been delayed en route

Evidence

  • R v Thomasson - identification by efir pictures
  • R v Dickens - Cross admissibility of independent identifications of D and his co-accused
  • R v Brecani - case workers in the Single Competent Authority established by the Home Office are not experts in human trafficking or modern slavery
  • R v Cousins - Admissibility of recent complaint as evidence to rebut allegation of fabrication - adverse inference direction had not been unfair where the specific questions asked in the interview had not been put to the defendant in cross examination

Sentencing

  • R v Walton - extended sentence not appropriate for non-contact sexual offences
  • R v Reed and Another - correct approach to be taken when sentencing for certain offences against children under the Sexual Offences Act 2003 (SOA 2003 when no sexual activity had taken place
  • R v Delaney (Debbie) - suspended sentence very rare for smuggling prohibited items into prison
  • Collins v DPP - confiscation orders - each defendant ordered to pay the full sum - default term not to be reduced to reflect a default term served by another defendant
  • Barnet LBC v Kamyab (Hamid) - breach of planning enforcement notice - confiscation -calculation of benefit
  • R v Damji - the defence to breach of a restraining order of 'reasonable excuse' is sufficient to ensure that a blameless person sill not be convicted Road traffic
  • R v Muhammed - dangerous driving - causation - tyre blow out

Youth courts

  • AM v Chief Constable of West Midlands - no obligation to consult YOT before arresting a youth for breach of a youth injunction
  • R v Mohammed - assessment of age

Legislation

  • Prisons (Substance Testing) Act 2021
  • Animal Welfare (Sentencing) Act 2021
  • National Security and Investment Act 2021
  • Environment Act 2021
  • Economic Crime (Transparency and Enforcement) Act 2022