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Preventative Orders: A Practical Guide
381 pages, Paperback
First published January 1, 2010
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October 4, 2010
A COLLECTIVE REVIEW OF PREVENTATIVE ORDERS
An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers
The three authors from 9 Gough Square - Buckett, Little and McAllister - have produced an important and much needed collective review of the wide range of preventative orders currently available to the courts. Hooper LJ, in his Foreword, ‘commends this comprehensive book as compulsory for all those who have any with applications for preventative orders’ across a range of professionals involved in the criminal justice system.
Law Society Publishing have produced another excellent legal handbook in their series of highly practical works and this guide explains the wide range of preventative orders collectively in a single volume in under 400 pages. There are 13 chapters for the first 188 pages and then a series of 3 appendices for sample prohibitions; relevant extracts from statutes and relevant extracts from statutory instruments. The 7 main orders are analysed with detailed reference to both the legislation and the procedures.
The strongest aspect of this guide is the exploration of the types of order and the identification of the common difficulties and problems which overlap specific orders including the required standard of proof and the rules on hearsay evidence. It has long been recognised that these orders create important difficulties for both lawyer and judge.
As Hooper LJ says, it’s because of the ‘inherent tension in balancing the protection of the public with the protection of the rights of those who are the intended subject of such orders’. The book succeeds because of its guidance to those considering the ‘tension’ and producing a reasonable outcome which will not receive attention in the ‘you could not make it up’ column in some national newspapers.
At a time when it is clear that the methods of dispensing justice will be reconsidered anew by the coalition government, ‘Preventative Orders’ remains a practical and authoritative statement for those seeking both free-standing and post-conviction preventative orders always remembering that breach of these orders constitutes offences carrying significant periods of custody.
The authors write that the ‘last 12 years have seen an explosion in the use and enforcement of preventative orders’ although their long-term usage may well be in doubt as the view of some is that they do not work. It is interesting to note that, in the past, almost all injunctions against individuals were brought under private law proceedings, mainly in the county court for domestic violence. With the ASBO and other free-standing application orders, the conviction of a criminal offence has been partially by-passed hence the issue of ‘tension’ which Hooper LJ raises.
There is a useful section on the human rights legislation and some detailed recently case-law which makes this work a highly practical work for the current criminal practitioner including appeals in the final chapter. The authors have also included a short page on ‘the future’ given an assessment of the new government’s point of view, writing it is ‘very likely that there will be change in the near future, at least, in emphasis’ so do refer to the Home Office website as how these changes take effect ‘remains to be seen’.
An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers
The three authors from 9 Gough Square - Buckett, Little and McAllister - have produced an important and much needed collective review of the wide range of preventative orders currently available to the courts. Hooper LJ, in his Foreword, ‘commends this comprehensive book as compulsory for all those who have any with applications for preventative orders’ across a range of professionals involved in the criminal justice system.
Law Society Publishing have produced another excellent legal handbook in their series of highly practical works and this guide explains the wide range of preventative orders collectively in a single volume in under 400 pages. There are 13 chapters for the first 188 pages and then a series of 3 appendices for sample prohibitions; relevant extracts from statutes and relevant extracts from statutory instruments. The 7 main orders are analysed with detailed reference to both the legislation and the procedures.
The strongest aspect of this guide is the exploration of the types of order and the identification of the common difficulties and problems which overlap specific orders including the required standard of proof and the rules on hearsay evidence. It has long been recognised that these orders create important difficulties for both lawyer and judge.
As Hooper LJ says, it’s because of the ‘inherent tension in balancing the protection of the public with the protection of the rights of those who are the intended subject of such orders’. The book succeeds because of its guidance to those considering the ‘tension’ and producing a reasonable outcome which will not receive attention in the ‘you could not make it up’ column in some national newspapers.
At a time when it is clear that the methods of dispensing justice will be reconsidered anew by the coalition government, ‘Preventative Orders’ remains a practical and authoritative statement for those seeking both free-standing and post-conviction preventative orders always remembering that breach of these orders constitutes offences carrying significant periods of custody.
The authors write that the ‘last 12 years have seen an explosion in the use and enforcement of preventative orders’ although their long-term usage may well be in doubt as the view of some is that they do not work. It is interesting to note that, in the past, almost all injunctions against individuals were brought under private law proceedings, mainly in the county court for domestic violence. With the ASBO and other free-standing application orders, the conviction of a criminal offence has been partially by-passed hence the issue of ‘tension’ which Hooper LJ raises.
There is a useful section on the human rights legislation and some detailed recently case-law which makes this work a highly practical work for the current criminal practitioner including appeals in the final chapter. The authors have also included a short page on ‘the future’ given an assessment of the new government’s point of view, writing it is ‘very likely that there will be change in the near future, at least, in emphasis’ so do refer to the Home Office website as how these changes take effect ‘remains to be seen’.
Displaying 1 of 1 review