Butterworths Stone's Justices' Manual 2021

Now in its 153rd 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 2021 edition include:

Legislation:

• Sentencing (Pre-consolidation Amendments) Act 2020
• Sentencing Act 2020
• Extradition (Provisional Arrest) Act 2020
• Fisheries Act 2020
• European Union (Future Relationship) Act 2020
• Medicines and Medical Devices Act 2021

Cases:

Offences and principles of criminal liability:

• R v Szewczky (Lewis) - Possession of bladed articles and offensive weapons- differences between the offences in terms of mischief and intent
• Serious Fraud Office v Barclays - Principles of corporate liability
• R v Lawrance- Rape- Lie about fertility does not vitiate consent
• R v Damji (Farah) - Breach of a restraining order - “without reasonable excuse” sufficient to ensure a blameless person will not be convicted- no requirement for any further mental element

Practice and procedure:

• Aboutboul v Barnet LBC - Time limit to state a case
• Staffordshire Moorlands District Council v S - No power to issue a community protection notice in the name of a parent concerning the conduct of their child
• R v Bater-James and another - Issues relating to the retention, inspection, copying, disclosure and deletion of the electronic records held by prosecution witnesses
• R (McKenzie) v Crown Court at Leeds; R (DPP) v Crown Court at Woolwich, R (Lucima) v Central Criminal - Court Custody time limits - whether the indefinite suspension of jury trials can amount to “good and sufficient cause” to extend CTL
• R v Wangige - Abuse of process - subsequent prosecutions based on the same incident Wilson v CPS - Circumstances in which a defendant will be allowed to vacate his or her plea of guilty in the magistrates’ court

Evidence:

• Humphreys v Crown Prosecution Service - Criminal behaviour order - defendant suffering from ADHD Road Traffic
• DPP v Marrable Speeding - justices entitled to acquit on the basis of GPS tracking evidence which contradicted the reading taken by the approved speed detection device

Youth Courts:

• Regina (X) v Ealing Youth Court (sitting as Westminster Youth Court) - Detention and training order - application to delay date of release

Human Rights

• R v Abdurahman (Ismail) - safety to conviction following a judgment by the Grand Chamber that the domestic courts had violated the defendant’s right to a fair trial

Offences and matters of complaint:

• R (on the application of Tesco Stores Ltd) v Birmingham Magistrates’ Court - Offering for sale food which has passed its labelled use-by date